Vwp

[Johnny21 0]

Hello to the community and many thanks to everyone about all the amazing and useful information i found inside here.

I would like to make a very specific question about my situation here,any information or/and experience from other members will be great.

My girlfriend lives in the US(we have applied for a K-1 in january 2012)and ofc i am missing her as crazy.

My question is the following,i have visited the us last november for 21 days,then stayed in my country for 18 days,revisited for 58 days and i am planning to visit again somewhere around end of march-start of April for 2 and a half months again.

I know and i have read from everyone that the officer at the boarders is the one to decide about my entry or not in the state,i am just curious if my travels might look weird and if so what kind of documents that i might have with me might make my acceptance from the officer a little easier maybe.

Just to mention that my travel last november was my first travel ever in the US.

I would be really greatful for any information and/or personal experience that you can share with me.

Thanks in advance for every answer.

[Penguin_ie 5,996]

You spent almost 12 weeks in the last 4 months in the USA. With the Visa Waiver Program, you are supposed to spend more time outside the country than inside, so I think coming back so soon, and wanting to stay for almost 3 months, it will be very difficult to gain entry. Not impossible- because as you say, it depends on the border control officer, but my money would be on a denial.

If you want to try, bring proof of funds (they will wonder how you can afford to stay in the US so long when you cannot work), proof of your ties to home (bills, lease, enrollment in university or letter from job), and your NOA1 from the K1 to show you want to do things the legal way.

[Johnny21 0]

I called the cbp center one day before i left and the guy over there told me that if i have proof that i will go back to my country then it shouldn't be a big deal but later he confused by saying that i need to spend more time in my country per year and he mentioned that the year is 365 days(which i didn't really understand),so i wonder if the 365 days count from my first visit or from january-december.

I have a job,a loan that i need to pay for in my country and bills that i pay for every month.Plus i have financial proof that i can support myself in the US.

Still i am kinda not so sure,it will be weird to be denied and then not be able to re-enter till the time that the visa will hopefully be approved.

Thanks for the answer,i really appreciate it.

[jaycali 415]

I called the cbp center one day before i left and the guy over there told me that if i have proof that i will go back to my country then it shouldn't be a big deal but later he confused by saying that i need to spend more time in my country per year and he mentioned that the year is 365 days(which i didn't really understand),so i wonder if the 365 days count from my first visit or from january-december.I have a job,a loan that i need to pay for in my country and bills that i pay for every month.Plus i have financial proof that i can support myself in the US.Still i am kinda not so sure,it will be weird to be denied and then not be able to re-enter till the time that the visa will hopefully be approved.Thanks for the answer,i really appreciate it.

There really is no definitive answer to this question. In theory and on paper, you may stay for 90 days, leave and come back the next day for another 90 days. If the CBP officer believes that you will return within 90 days, and not engage in unauthorized work during those 90 days, he/she will more than likely allow you entry.

That being said, you are not supposed to be spending more time in the US than outside the US. If you have two consecutive visits for 90 days, equaling 180 days, you'll likely not be let back in for another 180 days.

Bills are generally not considered good evidence of ties to your home country.. For all they know, you could be running away from those bills! A job is considered evidence of ties to your home country. In your case, I would have my employer sign a letter stating your job, your position and when they expect you to return to work.

Ultimately, it is up to the CBP officer at the airport/border crossing.

From my personal experience, if you have a good job and an employment letter, and can prove that you have the finances to stay you should be fine. I visited the US on the VWP in November 2007 for 50 days, spent a month back home, and visited for another 89 days. They pulled me into secondary questioning the second time - was a bit scary - but no big deal really. The officer just asked me "you come here a lot huh?" to which I answered "yes, I was a student here and have many friends here from college" he then asked "what do you do back home?" to which I answered truthfully that I worked as a XXXXX at XXXXX, and that it was a flexible job, but they expected me back to work the entire summer. He then spent 10 minutes on his computer, stamped my passport and said "have a nice stay."

Edited February 25, 2012 by jhsm85

[Boiler 46,007]

You might be lucky, you might not.

[Johnny21 0]

First of all i want to thank everyone for the useful information that shared with me and their personal experience.

I can easily get the letter from my work that they want me back so i think i will take that with me together with my return ticket and the proof that i can support myself over there and just hope i guess.

Hopefully there will be no problem,after all its almost one month away still so i might call the cbp and ask them for a little bit more info.

Again thank you for the information and the answers.

[Boiler 46,007]

How come they will let you have so much holiday and still want you back?

[Johnny21 0]

How come they will let you have so much holiday and still want you back?

Well,my job is a pretty good job but we are not so busy all the time of the year,we mostly are busy in summer so right now they don't really mind if i leave for a couple of months,its something like a seasonal one,but i am there and getting paid all the time of year.