Visa waiver 're-offenders'

[prsuzor 0]

What is the 'implied' limit on someone using the VWP?

My boyfriend came here for 2 months earlier in the year, then came back for 3 and the Customs weren't too happy about that (he was just going off what his travel agent said: that it was OK), but let him in anyway. It's now 5 months since he left and was considering coming over here for 4-6 weeks around January before we decide to submit the K-1, do you think they'd let him? Have any of you known others who have 'abused' the system worse in the space of a year?

Thanks.

Edited November 14, 2006 by domjeamou

[YuAndDan 153]

I can not find any restriction on using the Visa Waiver Program multiple times. I have read before that the CBP tends to prefer seeing 2 months between departure and re-entry. If he has been away for 5 months he should not have problems visiting.

I would recommend having evidence of strong ties back home, like a letter from an employer, or copy of an apartment lease agreement.

http://www.cbp.gov/xp/cgov/travel/id_visa/vwp/vwp.xml

http://travel.state.gov/visa/temp/without/without_1990.html

[Brazilitaliana 0]

I have come to the USA many times to visit my (at the time) boyfriend under the VWP, but always once a year and only for about a week or two at a time. The customs agents might get suspicious, but there is no restriction as far as how many times a person may enter the US under the VWP. However, it helps a bunch if your boyfriend shows strong ties to his homecountry, just as YuandDan posted. I remember them asking me questions about where I worked in my homecountry, and seemed happy to hear that I worked for a well known American company.

[bbintoh 0]

I dont think you will have a problem, just make sure you have strong ties back home. you need to have proof that you will return back home and continue with your life back home,, good luck. avoid Philly airport they are stupid???

[Aussielad 37]

yes, make sure you have strong evidence, and answer their questions preciseley,

[CarolineM 0]

I see you are from Australia - or your BF is - before you begin your K-1 processing, look into the DCF option. It's an easy, and much quicker process available to ppl in a few countires, Australia being one of them.

You have to be married, but if you don't mind jumping the gun on that -it's HEAPS faster

Check out the Australia DCF thread in the DCF forum, and come visit us in the Australia thread in the regional forums

[prsuzor 0]

Thanks guys, he's going to bring payslips & employer letter.

off topic:

I believe we can get married under the VWP, so long as it wasn't the intention or reason of the visit. Is that true?

[payxibka 10,045]

Thanks guys, he's going to bring payslips & employer letter.

off topic:

I believe we can get married under the VWP, so long as it wasn't the intention or reason of the visit. Is that true?

Already sounds like it is....

The question is not whether you can get married under VWP, the question is can you adjust status from.....