How long must i stay out of USA?

[yourwelcome 0]

Basically I just had a 84 day summer visit to New York to stay with my Boyfriend, everything went fine and I had a great time - I was asked a lot of qustions though at the entry, and the agent hesitated a little but in the end he stamped and allowed entry. I just got back but im planning on returning at the end of november to be there for 2 weeks for his birthday and because his sister is having a baby , do u think they will allow me in that soon again if i have a return ticket and sufficient funds etc. ( ie nothing that would strike them suspicious of me besides my frequent trips ) I have about 4 seven day trips and 1 3 month trip in the space of a year and a half,

thanks

[aaron2020 11,651]

Basically I just had a 84 day summer visit to New York to stay with my Boyfriend, everything went fine and I had a great time - I was asked a lot of qustions though at the entry, and the agent hesitated a little but in the end he stamped and allowed entry. I just got back but im planning on returning at the end of november to be there for 2 weeks for his birthday and because his sister is having a baby , do u think they will allow me in that soon again if i have a return ticket and sufficient funds etc. ( ie nothing that would strike them suspicious of me besides my frequent trips ) I have about 4 seven day trips and 1 3 month trip in the space of a year and a half,

thanks

All we can give you is an uneducated guess.

Whether you will be allowed into the US will depend on 1) the person inspecting you and what his/her day was like, 2) your demeanor, 3) circumstances of your previous visit, 4) reason for this visit, etc.

[Penguin_ie 5,997]

Why did he hesitate last time you entered? I think a lot will depend on that.

Overall, I think you may be let in for 2 weeks but that they will stamp you for only 2 weeks- ie no extensions, and that after that, you will need to stay out for a good while. But as mentioned above, it's all guessing.

[jaycali 415]

All we can give you is an uneducated guess.Whether you will be allowed into the US will depend on 1) the person inspecting you and what his/her day was like, 2) your demeanor, 3) circumstances of your previous visit, 4) reason for this visit, etc.

5) Your country of citizenship, 6) Your situation back home.

Why did he hesitate last time you entered? I think a lot will depend on that.Overall, I think you may be let in for 2 weeks but that they will stamp you for only 2 weeks- ie no extensions, and that after that, you will need to stay out for a good while. But as mentioned above, it's all guessing.

I agree, all in all I think they'll probably admit you this time too. But don't be surprised if they stamp 2 weeks and "no AOS" on your I-94 and/or passport.

There is no set time that you have to be out of the country. When determining eligibility for a tourist to enter the CBP officers must determine whether:

1. The tourist is a genuine tourist, and not someone trying to de facto live in the US.

2. If the tourist has the necessary funds for his/her travel and won't likely have to take up unauthorized work.

3. If the tourist actually intends to return - Not i.e. get married and stay.

So while it's technically fully legal to come for 3 months, leave for a week and come back for 3 months - It's your job to prove you're a genuine tourist/visitor.

Do you work back home? Go to school? I would probably bring a letter from your i.e. employer stating that you have 2 weeks off and what date they expect you to return. You may not even be asked for it, but it's better to have something rather than nothing.

Edited October 3, 2012 by jaejayC

[yourwelcome 0]

5) Your country of citizenship, 6) Your situation back home.

I agree, all in all I think they'll probably admit you this time too. But don't be surprised if they stamp 2 weeks and "no AOS" on your I-94 and/or passport.

There is no set time that you have to be out of the country. When determining eligibility for a tourist to enter the CBP officers must determine whether:

1. The tourist is a genuine tourist, and not someone trying to de facto live in the US.

2. If the tourist has the necessary funds for his/her travel and won't likely have to take up unauthorized work.

3. If the tourist actually intends to return - Not i.e. get married and stay.

So while it's technically fully legal to come for 3 months, leave for a week and come back for 3 months - It's your job to prove you're a genuine tourist/visitor.

Do you work back home? Go to school? I would probably bring a letter from your i.e. employer stating that you have 2 weeks off and what date they expect you to return. You may not even be asked for it, but it's better to have something rather than nothing.

Well, i think the hesitation was because of the fact that i was a lone traveller and im an 18 year old and my pervious trips were all like a week long, there was no other actual cause for hesitation really-- I don't have school but i do have a part time job, in search of a full time one, and i also have enough money and i have never over stayed etc.

So if they allow me in with no AOS what exactly does that mean anyway? It just means that even if i decided to stay there for the 90 days that would not be allowed..do they let u know this when they stamp that? Oh and im a british citizen

[jaycali 415]

Well, i think the hesitation was because of the fact that i was a lone traveller and im an 18 year old and my pervious trips were all like a week long, there was no other actual cause for hesitation really-- I don't have school but i do have a part time job, in search of a full time one, and i also have enough money and i have never over stayed etc. So if they allow me in with no AOS what exactly does that mean anyway? It just means that even if i decided to stay there for the 90 days that would not be allowed..do they let u know this when they stamp that? Oh and im a british citizen

Most visitors on the VWP receive 90 days no matter what their actual vacation plans are. The amount of time you're allowed to stay in the US however is not necessarily 90 days - It's the date stamped in your passport. If you look at your previous stamp, it'll be a blue stamp, and it'll say "WT" (Waiver Tourist) and a date underneath it. That's the date you have to leave by, whether it be 90 days or 9 days. It is nearly always 90 days for VWP travelers.

If they stamp "No AOS" in your passport as well, it means you cannot adjust status. The only reason I could see for them doing that is if they believe you may be intending to visit your bf, get married and adjust status in the US. "Adjustment of status" is a legal process in which you can adjust status from a tourist visa/VWP to permanent resident (green card) based on marriage to a US citizen. It's fully legal to do, it's very illegal to intend to do. If they stamp "No AOS" it just simply means that even if you were to get married to your bf, you'd still have to leave the US to get a green card.

Most likely, you'll be fine this time around too, maybe some extra scrutiny though. I've visited the US for 88 days, went home for 7 weeks and came back for another 2 month visit. I was asked more questions than usual, but didn't have any big problems.

Edited October 4, 2012 by jaejayC

[yourwelcome 0]

Well the plan is to just have another 2 week break, and then leave again for probably like 3 months then return again.. and so on so on.

But i'm just worried because i don't have much proof that i'll go back, besides a return flight and the word of my boyfriend and familky etc. but i only have at home a part time job ( very little work ) because im looking for a full time one but not much luck ..

thats why i have enough time to travel ..

but yeah .. i always get so intimidated by the cbp they make me seem nervous.

And okay so they let you know about the whole no AOS when they stamp it or dont they, my other stamps just have a leaving date of 90 days and then a W.T on it ...

[jaycali 415]

Well the plan is to just have another 2 week break, and then leave again for probably like 3 months then return again.. and so on so on.But i'm just worried because i don't have much proof that i'll go back, besides a return flight and the word of my boyfriend and familky etc. but i only have at home a part time job ( very little work ) because im looking for a full time one but not much luck ..thats why i have enough time to travel ..but yeah .. i always get so intimidated by the cbp they make me seem nervous.And okay so they let you know about the whole no AOS when they stamp it or dont they, my other stamps just have a leaving date of 90 days and then a W.T on it ...

In my experience, being from a country with a higher or similar standard of living to that of the US, most initial suspicion of "immigrant intent" is gone by default. I've never been asked to prove any ties or anything to that nature. I was asked one time what I did back home, and I replied that I worked at ______. I didn't tell them it was a part time job, but I wasn't asked that either. I had an employer letter in my bag, but wasn't asked to show it or anything. On my last entry, I entered with my USC wife, and the CBP officer just asked to see my return ticket. I gave her my smartphone with the email itinerary on screen and that was good enough.

I would just get a letter from your part time employer stating that you work there and have been employed there since 20__, what your position is and when they expect you back.

Edited October 4, 2012 by jaejayC