Re-entering the USA after a 90 day stay?

[Harpa Timsah 13,258]

When i was in Montreal I came over he border every weekend once the 90 days were up I just got a new stamp in my passport and another 90 days and so on

Yes but you were not staying the full 90 days. You were staying 1-2 days and returning. Each entry grants you 90 days legal time, though most don't use the whole thing.

I am allowed to go to the UK for 6 months at a time, and I have never been more than 2 weeks. That is normal tourism.

[Merrytooth 5,748]

Thanks for the thread link

I found you a case here

http://britishexpats.com/forum/showthread.php?t=727480

[jetskidia 0]

I found you a case here

http://britishexpats.com/forum/showthread.php?t=727480

Thanks for that link but my situation is completely different.

We are both early retired and looking to buy a place soon for our use only.

We do not want to stay longer than 90 days at a time but 2 breaks of 90 days, one in March/April/May and another in Sept/Oct/Nov

[Merrytooth 5,748]

Oh, ok.. different situation.. so you are thinking of buying vacation property in US?

http://britishexpats.com/forum/showthread.php?t=677537

Read #11

What you intend to do and what an immigration official thinks you are going to do may be entirely different things.

Whether you get let in and for how long is entirely dependent on what they think you are going to do.

If you are old enough to be considered a 'snowbird' (goes to the south of the USA in the winter) then you may have a good case to get a B visa.

If you can't get a B visa, then each successive VWP entry will get progressively harder after the previous long VWP stay.

[Sukie 1,462]

My spouse almost got kicked back once.

US-84 days

Out of country - 10 weeks

US - 87 days

Out of country - 8 weeks

Next time in - stopped and grilled, and then warned to stay out of the country more than coming in. Scared her to death.

It's true - there are no hard and fast rules. But be VERY careful. "Abuse" of the VWP can really haunt you in the future if you are rejected at the border.

So it ALMOST happened to us.

Sukie

[jerni 24]

With the answers in mind, has anyone on here ever been refused entry from the UK or know of someone that has been refused entry from the UK for visiting too many times in a short spell of time?

BTW I've never known of anyone ever being refused!

Thanks

Yes, back in 2000. It's not a very nice thing to go through.

[jetskidia 0]

Yes, back in 2000. It's not a very nice thing to go through.

What were the circumstances please?

[jerni 24]

Due to DOMA the early part of my relationship with my now husband involved lots of traveling back and forth between the US and the UK so we could be together. No other options existed for us at the time. I traveled 3 times on the visa waiver program (90 days in 90 days out), the third time I got a grumpy CBP agent who limited my trip to 30 days and informed me that I'd need to get a B1/B2 visa to continue visiting. So I left after 30 days and applied for a B1/B2 which was approved. Visited for 6 months then was out of the country for 4 months. On the next visit I was sent to secondary. The officer decided that my ties to the UK were not strong enough and refused my entry. I tried to explain our situation but at the time there was nothing in the law to help us.I was offered the option to withdraw my application for admission, which I did, and was put on the next flight back to the UK. It was a horrible experience, particularly because at the time I did not know when I'd see my husband again.

[JBW 0]

There is no official rule on how long you must wait before returning under VWP. However, they will ask you why you are visiting, and how long for. If it appears to them that you are spending more time in the US than out of it, then they are likely to consider that you are abusing the system, effectively becoming a semi-permanent resident. Just wanting to be together is not enough for them to allow you to keep returning after short intervals, especially if you are staying the full 90 days each time. You will probably get away with it a second time, but maybe not after that. Maybe you could make your stays a bit shorter, or at least shorter than the interval between visits.

[jerni 24]

Just wanting to be together is not enough for them to allow you to keep returning after short intervals, especially if you are staying the full 90 days each time.

Indeed, that is what immigrant visas or fiance visas are for, however for some people those options were not available before June 2013.

[cathy2904 97]

With the answers in mind, has anyone on here ever been refused entry from the UK or know of someone that has been refused entry from the UK for visiting too many times in a short spell of time?

BTW I've never known of anyone ever being refused!

Thanks

In the end I wasn't refused entry but I really think it was a possibility. I was taken into secondary and eventually, after a long wait and a grilling, was told I would be allowed in but, if I wanted to come back to see my (then) fiancé again after that visit, I would need to get a fiancée visa. That was in 2011 coming for a 60 day visit having been back in the UK for about 28 days after a prior 60 day visit.

[Jawaree 717]

Depends on CBP agent dealing with you under 6 mths outside it could cause a query

especially if U R school or working age, a senior may have a little more leeway showing

strong ties to his country...90 days in & out spells U live in the US at least some of the time

and U depart to re-enter , they'll want to know how U make a living & where that afford U

this type of travel

Edited January 29, 2014 by Jawaree

[HonestBeast 0]

Congratulations...

[otter~ 17]

Here's what happened with me:

When I was 17 I went to the US for 90 days, I had such an awesome time I wanted to go back ASAP, so after like, 3 weeks back in England, I decided to fly back for another 90 after my birthday.

The POE was Detroit, and I got an extremely grumpy POE officer, who asked me tons and tons of questions, rewording them to see if I'd give the same answer, he never made me go to secondary, but I was standing there for quite a bit with all these questions. Asking me if I planned to get married while in the US, have I got a visa processing, am I going to work when I get there etc. He warned me he could send me on the next plane back to England and at this point I was getting extremely upset. If I hadn't had the letter from my college stating I had a course starting the following September, I doubt he would have let me through.

It was a really bad choice to return so quickly and I really wish I had spaced out my visits more. I risked wasting a lot of money and I know how sad my boyfriend (now fiancé) would have been if I had been sent home. I think I was extremely lucky to have been allowed through, and I think the quick return, as well as being only 18 with hardly any ties back home was a major red flag. So I strongly suggest spacing your visits out as others have said. There is no set in stone rule for how long you have to stay out, but as people have already mentioned, it's best to spend as long as possible before trying to visit again.

I'm not trying to scare you or anything! xD You could be lucky and get a nice happy POE officer (I did on the first and third visit) buuut It's just better to be safe and wait a while, than to risk losing your ability to use the VWP

[Trisha89 36]

I had a refusal too! On June 30th, 2013!

I was stupid, didn't get myself more information (we didn't thought about it,aaahh)! how long you have to stay outside the country when you want to come back! I just stayed outside 2 weeks and wanted to go back for another 60 days uuuuuummgg O.o! NO nice experience! I can tell I didn't even was getting to see my (at that time still) boyfriend, and he came all the way by car (6hours drive) to the airport to pick me up there....... I was crying so much when they logged me for 22 hours in a room somewhere in the back of the airport,...... After the 22 hours in this small room without a wiindow to the outside just to their offices, two big ladys(officer) brought me to the exactly same aircraft (even the same crew) with whom I arrived! The purser she was so nice. it was the german LUFTHANSA I flew with and I cried myself out on her shoulder, since I was the first one who had to enter the aircraft.... She was a sweetheart and helped me to get along with what i had experienced the last hours!!!It was really the most horrible experience I've ever had in my life! I was losing my hair for 2 months after that experience..... And all we wanted was to spend another 2 months together.... NO intent to get married NO job offer or neither I was working there before, just spend time with my boyfriend.... But oh well it's their job but it was really hard!

Right now we apply for a K1 with an immigration lawyer. We wait since august 12, 2013 for our NOA2,.... But we know that the denial has no influance on our K1!

The problem is I have a really hard time, if I should get the K1 Visa after the interview to reenter the Country..... I can pass the border but ask me how scared I am to pass this person there and go back to that kind of person that was not letting me in the country...... I will probably already start to cry in the aircraft and I will have to calm down when I'm in line waiting for the border control..... Omg this thought is bringing me so down mentally I'm really really so scared....

Edited January 30, 2014 by Trisha89