ESTA

[homecroft 0]

Hi,

I've made 3 trips to the US this year for a week at a time but I'm planning next time to stay for up to 80 days which i know is within the ESTA requirements. What I'd like to know is can i then return to the UK for a couple of weeks & go back to the US for a further 90 days?

Appreciate any advices.

[Penguin_ie 5,996]

**** Moving from K1 to Tourist Visa forum as not K1 Process related ****

You already spent 3 weeks this year in the US, want yo go for 80, and then again a short time after for another 90 days? Chances of that being allowed are very slim. The VWP is for visitors, not to live in the USA, The general guideline is that you spend more time outside the US than inside, and no more than 180 days inside the USA in any rolling year. Additionally, they will wonder how you can afford all that travel without working illegally in the USA.

[kittylondon 47]

Not to muddy the waters, but although i agree with penguin_ie about the general guidelines, in my own experience it is possible, but highly stressful and uncertain! In 2011 i took two 10 day trips to the US, then returned for 90 days mid july - mid october, came home for 4 weeks, and returned for a further 90 days mid november-mid february. I never lied about my reasons for visiting the US (to see my boyfriend) and was only ever asked to show proof of a return ticket. Having said that, my second extended stay coincided with thanksgiving, and the officer was rushing the holiday crowds through without too much questioning... I answered his brief questions honestly.

It's certainly risky, and I was fully prepared to be denied entry the second time i was trying for a long stay. Just wanted to share my real life experience.

[homecroft 0]

Hi,

I've made 3 trips to the US this year for a week at a time but I'm planning next time to stay for up to 80 days which i know is within the ESTA requirements. What I'd like to know is can i then return to the UK for a couple of weeks & go back to the US for a further 90 days?

Appreciate any advices.

Thanks for the reply. I will only be visiting my fiance for the 80 days & have no intention of working. I'm trying to tie it in so that i return to the UK for my Visa interview then go back to the US with my approved visa in hand. It may be that I'm out there for less than that.

I work for an airline & therefore get really good travel concessions hence the frequent trips. I'll just have to ensure that i don't breach the 180 day. Good advice thank you

[homecroft 0]

Not to muddy the waters, but although i agree with penguin_ie about the general guidelines, in my own experience it is possible, but highly stressful and uncertain! In 2011 i took two 10 day trips to the US, then returned for 90 days mid july - mid october, came home for 4 weeks, and returned for a further 90 days mid november-mid february. I never lied about my reasons for visiting the US (to see my boyfriend) and was only ever asked to show proof of a return ticket. Having said that, my second extended stay coincided with thanksgiving, and the officer was rushing the holiday crowds through without too much questioning... I answered his brief questions honestly.

It's certainly risky, and I was fully prepared to be denied entry the second time i was trying for a long stay. Just wanted to share my real life experience.

Any shared experiences are much appreciated. So far i have done 3 X 1 week trips. Like you i always say I'm visiting my fiance & have a return ticket in hand & to date haven't had any trouble. I certainly wouldn't like to take the risk of denied entry.

Thanks again.

[JudyKCski 12]

I used the VWP for 4 years going back and forth to Norway. You are allowed 90 days then you have to stay home for 90 days. To help me calculate I used an online visa calculator ((link to the left)) so that I did not make the mistake of an overstay. This of course is allowable for those countries who are part of the Visa Waiver Program. ((link to the left))

Edited April 19, 2012 by JudyKCski

[kittylondon 47]

Thanks for the reply. I will only be visiting my fiance for the 80 days & have no intention of working. I'm trying to tie it in so that i return to the UK for my Visa interview then go back to the US with my approved visa in hand. It may be that I'm out there for less than that.

I work for an airline & therefore get really good travel concessions hence the frequent trips. I'll just have to ensure that i don't breach the 180 day. Good advice thank you

that's cool, i worked for BA until the end of 2010, and was taking very frequent trips to see my boyfriend for a few years on staff travel. it's a pretty good explanation - they know full well the awesome concessions available to airline staff, and the flexibility of work patterns. good luck!

Edited April 19, 2012 by kittylondon

[jaycali 415]

Hi,I've made 3 trips to the US this year for a week at a time but I'm planning next time to stay for up to 80 days which i know is within the ESTA requirements. What I'd like to know is can i then return to the UK for a couple of weeks & go back to the US for a further 90 days?Appreciate any advices.

It's a slight gamble but definitely not impossible.

I was in the US on the VWP for 50 days in 2007, went home for 8 weeks and then came back for 88 days. It's fully legal, the problem is proving to them you're a visitor. The CBP officer scanned my passport and immediately told me to follow him to another room (This is called secondary inspection).

Another officer took my passport and told me to wait. I saw him typing on his computer for about 5 to 10 minutes, called me up and asked what I was doing in the US, and what I did back home. I told him "visiting friends from college" and "I have a 3 month leave of absence from work" or something to that effect. I had brought an employer letter etc. just in case, but he never asked to see it. He just stamped my passport and wished me a pleasant stay.

After those 88 days I didn't return for 8 months and haven't really been asked any questions since.

Edited April 19, 2012 by jaejayC

[homecroft 0]

It's a slight gamble but definitely not impossible.

I was in the US on the VWP for 50 days in 2007, went home for 8 weeks and then came back for 88 days. It's fully legal, the problem is proving to them you're a visitor. The CBP officer scanned my passport and immediately told me to follow him to another room (This is called secondary inspection).

Another officer took my passport and told me to wait. I saw him typing on his computer for about 5 to 10 minutes, called me up and asked what I was doing in the US, and what I did back home. I told him "visiting friends from college" and "I have a 3 month leave of absence from work" or something to that effect. I had brought an employer letter etc. just in case, but he never asked to see it. He just stamped my passport and wished me a pleasant stay.

After those 88 days I didn't return for 8 months and haven't really been asked any questions since.

Thanks for that. All responses are proving really useful. I just assumed I'd be able to go backwards & forwards as i please but it's never that simple is it?. I'm keeping my fingers crossed that i get the visa appointment through during the 90 days that i intend to be in the US. According to my time line it should come through during the summer.

It's difficult enough having a long distance relationship without the added restrictions on the amount of time you can spend together. I actually met my fiance 23 years ago while he was in the military in the UK. We got engaged all those years ago but he got re deployed when his mum got sick. I left a forwarding address after i moved house but my overseas mail never made it despite him continually writing. We managed to get back in touch last year & both realize it was the biggest mistake we ever made not marrying all those years ago. We are both in our mid forties now & don't want to waste anymore years apart.

[homecroft 0]

that's cool, i worked for BA until the end of 2010, and was taking very frequent trips to see my boyfriend for a few years on staff travel. it's a pretty good explanation - they know full well the awesome concessions available to airline staff, and the flexibility of work patterns. good luck!

i work for bmi but from tomorrow will be BA. Yes the staff travel deals are good except for the last time when i got the jump seat from FRA/ATL that wasn't funny.

I always carry my airline ID just in case i get asked any awkward questions when i arrive in the states. i plan to leave at the end of July hence my planned 90 day trip then I'm hoping i'll have my visa in hand by then.

Are you now permanently in the US?

[jaycali 415]

I just assumed I'd be able to go backwards & forwards as i please but it's never that simple is it?

Yes and no. The vast majority of travelers on the VWP never encounter any large problems, and the vast majority of travelers don't break the rules.

But some do. Some find work, and some never leave, and some will try to de facto reside in the US (90 days in, 2 days out, 90 days in again etc). Technically you can "just go back and forth" as you please, as long as you're a genuine tourist/visitor ever time you do. The hard part becomes proving you're a genuine tourist/visitor every time. For example.. Spending 90 days in and then 2 days out and coming back for another 90 days will make any CBP officer wonder where you get the money from, and who goes on vacations like that.. The burden of proof is always on the foreigner.

Therefore, unusual travel movements can make the CBP suspiceous. By unusual I mean travel movements that are not common with tourists and visitors.

Edited April 19, 2012 by jaejayC

[ClaireGio 35]

Homecroft, I really don't think you will have a problem! I too work for an airline (Virgin Atlantic, based in London) and am forever flying into LAS/LAX/SAN to see my man. I am forever swapping trips for days off to go out there more and more. They do always ask me how long I intend to stay and when they see I have a US crewman visa in my passport, they usually just ask how long I've worked for the airlines, how I met my bf etc etc.. Just bring proof that your going back home, a letter from BMI perhaps? I imagine if your K1 is pending they might asked further questions, but as long as they can see you have a job back home in the UK I am sure that would satisfy them. Good luck!

Claire

[homecroft 0]

Homecroft, I really don't think you will have a problem! I too work for an airline (Virgin Atlantic, based in London) and am forever flying into LAS/LAX/SAN to see my man. I am forever swapping trips for days off to go out there more and more. They do always ask me how long I intend to stay and when they see I have a US crewman visa in my passport, they usually just ask how long I've worked for the airlines, how I met my bf etc etc.. Just bring proof that your going back home, a letter from BMI perhaps? I imagine if your K1 is pending they might asked further questions, but as long as they can see you have a job back home in the UK I am sure that would satisfy them. Good luck!

Claire

Thanks for that. I'll have a letter in hand. i think the Americans are amazed at how much leave we actually get in a year.

[cafeconleche 2]

I actually met my fiance 23 years ago while he was in the military in the UK. We got engaged all those years ago but he got re deployed when his mum got sick. I left a forwarding address after i moved house but my overseas mail never made it despite him continually writing. We managed to get back in touch last year & both realize it was the biggest mistake we ever made not marrying all those years ago. We are both in our mid forties now & don't want to waste anymore years apart.

Hey, almost like Judi Dench and Geoffrey Palmer in As Time Goes By! Very cool.

Edited April 19, 2012 by cafeconleche

[Hannah B 16]

Hi, I have read one entry on here from a British beneficiary only a couple of months ago that got caught doing this very same thing, spending long periods in the US and only returning to the UK for short periods of time. If I can find it I will add the link so you can read her experience. However, from what I read in that story, she was a little foolish in not bringing evidence of sufficient ties to the UK. She was specifically asked for proof of how she was funding her trip but was not able to provide any bank statements (she offered for them to check her online account but they refused and she was denied).

I think that you would be fine with your airline ID and just going over to the US for two long trips back to back. But just to be safe you could bring a few additional pieces of evidence showing your ties to the UK.

I have quite recently submitted by I-129F and so if I am asked about it I can't lie. But what I do is bring a few documents with me just in case I am asked any questions. For me this includes an employment letter showing when I am expected to return to work, a recent pay stub, my property deed showing I own my flat, a recent bank statement showing funds and a recent bill showing that I live in my flat. I know this may seem a little over the top but these documents take a few minutes to put in a plastic wallet and weight almost nothing and I know that I could prove I am returning to the UK if I am one of the unlucky ones who they question in a secondary interview.