Is there a "limit"?

[Mrs. Diaz 1]

I was trying to find out how many times per year I can travel to the US on a I-94 Visa Waiver....

I didn't find anything saying "you can enter xxx times"... All I found was that it's valid for 90 days, which I already knew.... I just want to know if there will be a problem if I travel to the US 6 times per year and stay for 30 days each time.

I am married to a USC, so I guess they will think that I'm trying to immigrate illegally...? The reason I'm asking this is cuz I can't move to the US right now.(I would probable get my visa within 8 months or so, if I would file.....)So... will I be denied and sent back home when I try to enter, or is it OK to come and go as many times as you like? I don't want to do anything wrong, cuz we're going to file for the K3 visa, as soon as I will be able to leave Sweden...

I've read stories about people that have been sent back home to where they came from, all because the officers at the US airport thought that they were trying to immigrate.... I def. don't want that to happen to me!

Anyone out there who knows the answer to this?

[Ban Hammer 13,483]

moved from ot to K-3 Spouse Visa General Discussion as that is the visa type the op mentioned.

[notime4haterz 0]

Some people visit without any problems...some people have been denied entry when customs finds out you're married/engaged. So it depends on you luck. Most people I think, have no problem.

[Mrs. Diaz 1]

Some people visit without any problems...some people have been denied entry when customs finds out you're married/engaged. So it depends on you luck. Most people I think, have no problem.

OK. That's what I thought too.... So I guess I will just have to go for it and hope for the best! I did get some weird q's back when we we're dating.... Like they thought I was going to stay in New York and never return home.... But I think that the risk(of being denied)is very small, now that my country is not a "high fraud" country. But who knows......

Thank you for your comment!

[rebeccajo 14]

Some people visit without any problems...some people have been denied entry when customs finds out you're married/engaged. So it depends on you luck. Most people I think, have no problem.

OK. That's what I thought too.... So I guess I will just have to go for it and hope for the best! I did get some weird q's back when we we're dating.... Like they thought I was going to stay in New York and never return home.... But I think that the risk(of being denied)is very small, now that my country is not a "high fraud" country. But who knows......

Thank you for your comment!

There aren't any 'rules' but CBP officers like to see that you are spending more time in your home country than in the US.

In determining what your chances for success on another entry might be, consider how much time you spent back home in the last 12 months. And how long the duration of your US visits were. Folks who don't push the envelope on their 90 day limit each time they visit and stay home a few months between each visit usually have good luck.

Make sure you are traveling with a return ticket and that you carry evidence of returning home (such as a lease).

[Mrs. Diaz 1]

Some people visit without any problems...some people have been denied entry when customs finds out you're married/engaged. So it depends on you luck. Most people I think, have no problem.

OK. That's what I thought too.... So I guess I will just have to go for it and hope for the best! I did get some weird q's back when we we're dating.... Like they thought I was going to stay in New York and never return home.... But I think that the risk(of being denied)is very small, now that my country is not a "high fraud" country. But who knows......

Thank you for your comment!

There aren't any 'rules' but CBP officers like to see that you are spending more time in your home country than in the US.

In determining what your chances for success on another entry might be, consider how much time you spent back home in the last 12 months. And how long the duration of your US visits were. Folks who don't push the envelope on their 90 day limit each time they visit and stay home a few months between each visit usually have good luck.

Make sure you are traveling with a return ticket and that you carry evidence of returning home (such as a lease).

I will always have my return ticket with me, it's way cheaper that way..... So that wont be a problem. And I will never stay for more than 30 days at a time. Possible 8 weeks in the summer, but never more than that... I guess I will have to bring evidence, such as a lease or other documents that will prove strong ties to my home country. I might get denied one day.... I hope not!

Thank's so much for your comment!

[rebeccajo 14]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

[notime4haterz 0]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

This is very true. My husband came here many times without any problems. As soon as we got married, they denied him entry. If you do come, don't lie...but don't volunteer information that you're married or engaged either. They might turn you away.

[Mrs. Diaz 1]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

My plan is to move permanently to the US. I wont be able to do so before August 2011(as it is right now. Might change though.) So my plan was to keep coming and going for about 12-18 months, then file for a K3 visa.... But I guess there is a chance my plans will fail.... (If I get denied entry) My husband is in the military, so that has been a great help for me every time I have traveled to the US. I just had to tell the officers that I was going to visit my husband, that is a Marine and that he would be going to Iraq in a near future... And that's where he is now! I did get a few "weird questions" the last time I went to visit my husband. (He was stationed at a base in California at the time) I really can't lie, so every time they have asked me what I am doing in the country I have told them that I'm going to visit my husband and friends...(I didn't say anything about this the few times they didn't ask)

So I could file for a K3 visa now? Even though I wont be able to move to the US until 2011....?(The reason I can't move is that I owe money. A loan from my Swedish bank...)

[Mrs. Diaz 1]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

This is very true. My husband came here many times without any problems. As soon as we got married, they denied him entry. If you do come, don't lie...but don't volunteer information that you're married or engaged either. They might turn you away.

I noticed a big chance since we got married(2007)I didn't have any problems at all before we got married... Not even the time we were on our way to the wedding.... My husband was next to me and we told the officers that we were getting married in the Bahamas in 2 days.... The guy at the desk just said "Congrats! I got married recently myself..." But the first time I went to see my husband after we were married was different. I was a bit worried actually....

[pushbrk 13,059]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

My plan is to move permanently to the US. I wont be able to do so before August 2011(as it is right now. Might change though.) So my plan was to keep coming and going for about 12-18 months, then file for a K3 visa.... But I guess there is a chance my plans will fail.... (If I get denied entry) My husband is in the military, so that has been a great help for me every time I have traveled to the US. I just had to tell the officers that I was going to visit my husband, that is a Marine and that he would be going to Iraq in a near future... And that's where he is now! I did get a few "weird questions" the last time I went to visit my husband. (He was stationed at a base in California at the time) I really can't lie, so every time they have asked me what I am doing in the country I have told them that I'm going to visit my husband and friends...(I didn't say anything about this the few times they didn't ask)

So I could file for a K3 visa now? Even though I wont be able to move to the US until 2011....?(The reason I can't move is that I owe money. A loan from my Swedish bank...)

You can but I think I'd hold off a year or so an then take the IR1 visa route. At the Port of Entry, I think I'd explain you don't plan to move to the US until your husband is discharged from the military or something to that effect. If you can avoid the questions with truthful generic answers like, vacation, tourist or visiting family and friends, then don't spend too much time in the US during the year, you'll have a better chance of successful entry. You're not violating any immigration laws.

[rebeccajo 14]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

My plan is to move permanently to the US. I wont be able to do so before August 2011(as it is right now. Might change though.) So my plan was to keep coming and going for about 12-18 months, then file for a K3 visa.... But I guess there is a chance my plans will fail.... (If I get denied entry) My husband is in the military, so that has been a great help for me every time I have traveled to the US. I just had to tell the officers that I was going to visit my husband, that is a Marine and that he would be going to Iraq in a near future... And that's where he is now! I did get a few "weird questions" the last time I went to visit my husband. (He was stationed at a base in California at the time) I really can't lie, so every time they have asked me what I am doing in the country I have told them that I'm going to visit my husband and friends...(I didn't say anything about this the few times they didn't ask)

So I could file for a K3 visa now? Even though I wont be able to move to the US until 2011....?(The reason I can't move is that I owe money. A loan from my Swedish bank...)

You can but I think I'd hold off a year or so an then take the IR1 visa route. At the Port of Entry, I think I'd explain you don't plan to move to the US until your husband is discharged from the military or something to that effect. If you can avoid the questions with truthful generic answers like, vacation, tourist or visiting family and friends, then don't spend too much time in the US during the year, you'll have a better chance of successful entry. You're not violating any immigration laws.

She's been going in and out of the country regularly. She is likely to have more questions put to her than the average traveler. It doesn't matter how cleverly one is 'generic' in their answers. If CBP decides the alien might have intent, then the alien will be turned around

A K3 visa would allow her to travel freely without question. As many times as she likes. The visa could even be extended if she does not immigrate into the country within two years of its issuance. They've already been married two years, so when she does enter and files to adjust her status, she will be issued a 10 year greencard thus avoiding the hassle of lifting conditions.

There's essentially no reason for her to choose K3 over IR1 other than she would save a few hundred bucks by not having to adjust her status once she comes to the US. In her situation, the ability to travel freely - worry free - might outweigh that.

Edited March 1, 2009 by rebeccajo

[Mrs. Diaz 1]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

My plan is to move permanently to the US. I wont be able to do so before August 2011(as it is right now. Might change though.) So my plan was to keep coming and going for about 12-18 months, then file for a K3 visa.... But I guess there is a chance my plans will fail.... (If I get denied entry) My husband is in the military, so that has been a great help for me every time I have traveled to the US. I just had to tell the officers that I was going to visit my husband, that is a Marine and that he would be going to Iraq in a near future... And that's where he is now! I did get a few "weird questions" the last time I went to visit my husband. (He was stationed at a base in California at the time) I really can't lie, so every time they have asked me what I am doing in the country I have told them that I'm going to visit my husband and friends...(I didn't say anything about this the few times they didn't ask)

So I could file for a K3 visa now? Even though I wont be able to move to the US until 2011....?(The reason I can't move is that I owe money. A loan from my Swedish bank...)

You can but I think I'd hold off a year or so an then take the IR1 visa route. At the Port of Entry, I think I'd explain you don't plan to move to the US until your husband is discharged from the military or something to that effect. If you can avoid the questions with truthful generic answers like, vacation, tourist or visiting family and friends, then don't spend too much time in the US during the year, you'll have a better chance of successful entry. You're not violating any immigration laws.

I'm not going anywhere until my husband's contract is up.(Next year some time)He will be back from Iraq in 8 weeks and hopefully he will go back to work... We have been talking about filing for a K3 visa in the fall of this year. I didn't even know there was another visa for me.... From what I've read and heard, K3 is the only way(so I thought)

This is very confusing at the moment.... At least I realized that I can't use the VWP for 12-18 months. At some point they will send me back... I just know it.

I guess we will have to start the K3 process or possible another one.... Very confusing.... Btw I haven't been to the US that many times in the past 2 years. I think it is about 6 times.... My husband is the one who is going to Sweden to see me, which is even worse. Because he can stay for 90 days and after that time is up, he have to stay out of Sweden for 90 days......

Thank's for the comment!

[Mrs. Diaz 1]

Are you planning on moving here permanently? If so, when?

If your plans are long range, you might want to consider a K3 visa for your passport. It's multiple entry and you can come and go as you please. It's valid for two years after it's placed in your passport.

It might take you about 9 months to a year to get it though..................

As you are married to a USC, you run a pretty high risk of being turned around as a VWP traveler. All entrants to the US are presumed to have immigrant intent - sort of like being guilty till proven innocent. Your marriage to a USC ramps up your immigrant intent exponentially higher than other persons.

My plan is to move permanently to the US. I wont be able to do so before August 2011(as it is right now. Might change though.) So my plan was to keep coming and going for about 12-18 months, then file for a K3 visa.... But I guess there is a chance my plans will fail.... (If I get denied entry) My husband is in the military, so that has been a great help for me every time I have traveled to the US. I just had to tell the officers that I was going to visit my husband, that is a Marine and that he would be going to Iraq in a near future... And that's where he is now! I did get a few "weird questions" the last time I went to visit my husband. (He was stationed at a base in California at the time) I really can't lie, so every time they have asked me what I am doing in the country I have told them that I'm going to visit my husband and friends...(I didn't say anything about this the few times they didn't ask)

So I could file for a K3 visa now? Even though I wont be able to move to the US until 2011....?(The reason I can't move is that I owe money. A loan from my Swedish bank...)

You can but I think I'd hold off a year or so an then take the IR1 visa route. At the Port of Entry, I think I'd explain you don't plan to move to the US until your husband is discharged from the military or something to that effect. If you can avoid the questions with truthful generic answers like, vacation, tourist or visiting family and friends, then don't spend too much time in the US during the year, you'll have a better chance of successful entry. You're not violating any immigration laws.

She's been going in and out of the country regularly. She is likely to have more questions put to her than the average traveler. It doesn't matter how cleverly one is 'generic' in their answers. If CBP decides the alien might have intent, then the alien will be turned around

A K3 visa would allow her to travel freely without question. As many times as she likes. The visa could even be extended if she does not immigrate into the country within two years of its issuance. They've already been married two years, so when she does enter and files to adjust her status, she will be issued a 10 year greencard thus avoiding the hassle of lifting conditions.

There's essentially no reason for her to choose K3 over IR1 other than she would save a few hundred bucks by not having to adjust her status once she comes to the US. In her situation, the ability to travel freely - worry free - might outweigh that.

Actually I haven't been going in and out that much in the past 7 months because my husband is in Iraq. What I wanted to know is if there is anyway I can use the VWP the way i described in my original post. I would like to be able to do so, but now I understand that this wont go as smooth as I was hoping for.... So I guess a K3 visa will be the only way for me to travel to the US this way.... IR1? This is so confusing....

Thank's !

[Jon & Jess 3]

I remember reading somewhere that your entries with the Visa Waiver Program has to be at least 5 or 6 months (can't remember which) after your previous departure date.

Like I said I'm not sure where I read this. Try searching for it on the Stockholm American Embassy website.

http://stockholm.usembassy.gov/

I think it was on there that I read it.

(Maybe not much help but I remember reading it somwhere)

Edited March 1, 2009 by Jon & Jess