Tourist Visa after being on the Visa Waiver program

[Galfromoz 0]

Hi y'all.

Well i've just returned to Australia (my home country) after being in the US on and off for the last 9 months.

I was travelling on the Visa Waiver program each visit and never overstayed.

US 2 weeks

AUS 2 weeks

US 3 months

AUS 2 months

US 3 months

AUS 2 weeks - current

I've met someone over there and we are planning to get married once our current divorces are finalised.

I am working in Australia but would like to go back and visit him very soon (i miss him so much)

Last entry into the US, border control pulled me aside to find out why i was spending so much time over there.

I told him i'd met a US citizen and was getting to know him.

He advised that it looks like I'm living there and he strongly suggested I stay in my home country for much longer before returning.

He let me in but I fear they won't next visit on the VWP (which I haven't violated in any way)

I'm thinking of applying for a tourist visa so I can spend time with him again while we sort out our current divorces.

I'd love to hear anyone's experiences with this or suggestions of how I can get back to the US without being denied at the border.

If I show proof of ties here (children, job, home, family) what are my chances of returning to the US quickly.

We don't know if we will live there or in Australia yet... we just need to be together and he can't leave US just yet.

Appreciate all of your thoughts.

[Galfromoz 0]

And my other question... what are the chances of even getting back in on the visa waiver program.. As I said I've followed the law requirements.

[canadian_wife 1,827]

It is totally up to the CBP at the time of crossing, If you have the ties you've suggested (job, kids, etc) then how could you spend so much time in the US - expect these types of questions

Even with a B-2 there is no guarentee that you'll be admitted or for how long. And to apply for a toursit visa to get to know an American ctizien better may not be good enough grounds to be granted one

Good luck

[Galfromoz 0]

It is totally up to the CBP at the time of crossing, If you have the ties you've suggested (job, kids, etc) then how could you spend so much time in the US - expect these types of questions

Even with a B-2 there is no guarentee that you'll be admitted or for how long. And to apply for a toursit visa to get to know an American ctizien better may not be good enough grounds to be granted one

Good luck

Thank you so much for that response... any ideas what the best way is to spend time with a US citizen in that case is? How do you legally spend time getting to know them without rushing into marriage. It baffles me.

[canadian_wife 1,827]

Such are the trials of an international relationship. Sadly, you have no right to visit the US, you are at the mercy of the CBP and if you get denied entry for spending too much in the US you cannot use the VWP again. Try Skype!

Good luck

[Barbara J 115]

Hi y'all.

Well i've just returned to Australia (my home country) after being in the US on and off for the last 9 months.

I was travelling on the Visa Waiver program each visit and never overstayed.

US 2 weeks

AUS 2 weeks

US 3 months

AUS 2 months

US 3 months

AUS 2 weeks - current

I've met someone over there and we are planning to get married once our current divorces are finalised.

I am working in Australia but would like to go back and visit him very soon (i miss him so much)

Last entry into the US, border control pulled me aside to find out why i was spending so much time over there.

I told him i'd met a US citizen and was getting to know him.

He advised that it looks like I'm living there and he strongly suggested I stay in my home country for much longer before returning.

He let me in but I fear they won't next visit on the VWP (which I haven't violated in any way)

I'm thinking of applying for a tourist visa so I can spend time with him again while we sort out our current divorces.

I'd love to hear anyone's experiences with this or suggestions of how I can get back to the US without being denied at the border.

If I show proof of ties here (children, job, home, family) what are my chances of returning to the US quickly.

We don't know if we will live there or in Australia yet... we just need to be together and he can't leave US just yet.

Appreciate all of your thoughts.

You wont have much chance of getting a B2 visa this much I do know. As far as getting to know him Skype or yahoo. I would strongly suggest you stay home for a while and if you have a job not sure how you get so much time off. You can VWP any time but it is not looking good for you spending so much time there and such frequent visits. You will have t get to know him like the rest of us through the internet and calls. You are fortunate that you can pop over there so frequently but you are at the mercy of the CBP

[Harpa Timsah 13,258]

I think VWP entries are limited to 6 months total in the year, and you have been in US for 6.5 months this year (if I am reading your timeline correctly). Can someone confirm the yearly limit?

[Krikit 1,165]

There's no hard and fast rule. Each visit resets the clock. But if someone is spending more time in the US than they are in their own country they're going to have a hard time convincing the officer that they are not a de facto resident.

CBP FAQ - VWP

[Barbara J 115]

I think VWP entries are limited to 6 months total in the year, and you have been in US for 6.5 months this year (if I am reading your timeline correctly). Can someone confirm the yearly limit?

Q: Is there a limit to how many times I can enter the U.S. on the VWP? Must there be a minimum period between one period of travel on the VWP and the next?

A: No, but entry or re-entry into the United States is at the discretion of immigration officials at the port of entry.