Re-entering the USA after a 90 day stay?

[Brit Abroad 166]

Reading your post about both being early retired, I'm assuming you're both British and wanting a holiday home for two 90 day periods?

Realistically, you should go for a B1 visa for this, as it's an ongoing situation once you buy property and it will afford you the opportunity to potentially get a 10 year visa instead of having to complete the VWP for each visit and potentially be denied entry.

Yes, it's money up front, but 10 years of worry free entry into your holiday home? Priceless.

[h13rma 35]

I spent 2 years before getting married travelling to the USA on a month on month off basis, working in Africa for oil companies, In all 12 26 day visits split across 2 uk passports. I was never sent to secondary inspection or even asked any difficult questions, I always said I was visiting my girlfriend and none of the CBP officers even looked at me askew. I have a friend who has been effectively living in Hawaii for two years doing the same thing. In my experience less is more if you don't go near the 90 day limit then yo don't seem to generate the same level of concern.

[MacUK 983]

Reading your post about both being early retired, I'm assuming you're both British and wanting a holiday home for two 90 day periods?

Realistically, you should go for a B1 visa for this, as it's an ongoing situation once you buy property and it will afford you the opportunity to potentially get a 10 year visa instead of having to complete the VWP for each visit and potentially be denied entry.

Yes, it's money up front, but 10 years of worry free entry into your holiday home? Priceless.

Since when was a B1 (or B2) seeing as it's for tourism, not business) a path to worry free entry?

A B1/B2 is just the same as VWP in that it only allows you the chance to apply for entry.

You can still be turned away.

[Anna Grant 169]

I have never been refused entry into the US and here are my trips:

April 2012 - 2 weeks - returned to UK for 6 weeks

May 2012 - 6 days (over the jubilee holiday weekend) - returned to UK for 6 weeks

July 2012 - 89 days - we applied for K1 at the beginning of this visit (returned to UK for 6 weeks)

Dec 2012 - 90 days (returned to UK for 5 weeks)

April 2013 - 60 days (we got our NOA2 during this visit and I returned for the medical and interview)

June 27 2013 - arrived in the US for good on my K1 visa and married on 12 July 2013

I have always traveled with proof that I have to return to the UK. However, the only time I was asked for anything was on my trip in April 2013 where I was asked for proof of my return ticket. That was also the trip I was most concerned about because my proof of returning to the UK was very slight - we hoped I would be moving permanently soon, so I was cutting my ties.

However, I have to say that I was extremely lucky. I had a slight scare on my December entry when the customs officer (not the one at passport control) asked who I was staying with and I said 'Fiance'. He said 'oh - when are you getting married?' I replied 'April, we hope'. He said 'You know you have to go home'. My heart fell through the floor but he said 'You can't stay until April'. I said 'Oh. I know that! I am returning to the UK for my medical and interview!'. Then he said 'OK. Have a good day.'

It is really up to the CBP officer on the day. You should really spend more time out of the US than in it. I got away with spending nearly 9 months in the US and only 5.5 months in the UK. But I think I was lucky.

Edited January 30, 2014 by Anna Grant

[h13rma 35]

I have never been refused entry into the US and here are my trips:

April 2012 - 2 weeks - returned to UK for 6 weeks

May 2012 - 6 days (over the jubilee holiday weekend) - returned to UK for 6 weeks

July 2012 - 89 days - we applied for K1 at the beginning of this visit (returned to UK for 6 weeks)

Dec 2012 - 90 days (returned to UK for 5 weeks)

April 2013 - 60 days (we got our NOA2 during this visit and I returned for the medical and interview)

June 27 2013 - arrived in the US for good on my K1 visa and married on 12 July 2013

I have always traveled with proof that I have to return to the UK. However, the only time I was asked for anything was on my trip in April 2013 where I was asked for proof of my return ticket. That was also the trip I was most concerned about because my proof of returning to the UK was very slight - we hoped I would be moving permanently soon, so I was cutting my ties.

However, I have to say that I was extremely lucky. I had a slight scare on my December entry when the customs officer (not the one at passport control) asked who I was staying with and I said 'Fiance'. He said 'oh - when are you getting married?' I replied 'April, we hope'. He said 'You know you have to go home'. My hear fell through the floor but he said 'You can't stay until April'. I said 'Oh. I know that! I am returning to the UK for my medical and interview!'

It is really up to the CBP officer on the day. You should really spend more time out of the US than in it. I got away with spending nearly 9 months in the US and only 5.5 months in the UK. But I think I was lucky.

I'd agree with the fact it must be down to luck sometimes, my passports have 16 stamps over the 18 months before I got my green card, and I would say that on at least four of them I had no ticket for leaving the states. My company was booking round trip tickets for me for work. I was worried a couple of times how long i would be staying and said 2-3 weeks probably it depends when I have to go back to work, no other queries except one CBP officer who asked who he should apply to for a similar job.

[Brit Abroad 166]

Since when was a B1 (or B2) seeing as it's for tourism, not business) a path to worry free entry?

A B1/B2 is just the same as VWP in that it only allows you the chance to apply for entry.

You can still be turned away.

Sure, but which is more likely to be turned away - a visa that is applied for online per visit, or an interview based 10 year visa, where you have been properly vetted by consulate staff?

What the OP intends is regular visits, twice a year, to a vacation property. Who on earth would go through VWP 20 times rather than a B1 once?

[Boiler 45,553]

B1 is for Business trips.

[jetskidia 0]

Received this answer today from the USA Embassy,

"Please be aware that there is no specific time period that an individual must remain outside the United States between two trips under the Visa Waiver Program (VWP).

However, please be aware that to be eligible for entry to the United States you will be required to demonstrate to the satisfaction of immigration officials at the port of entry that you are a bona fide temporary visitor to the United States, that you have sufficiently strong social and economic ties to your country of residence to compel you to depart the United States at the end of your visit, that you have sufficient funds for your support during your stay and the you are maintaining as residence abroad."

There response raises even more questions, which I have asked them to answer,

1. How do I satisfy an immigration official that I am a bona fida temp visitor, which I am?

2. That I have strong social and economic ties to the UK, which I do? although my wife and I are both retired.

3. That I sufficient funds,which I do.

4. That I am maintaining a residence in the UK, which I am.

[Nich-Nick 3,354]

I think you are going to find it easier as a retired couple to have a legitimate holiday in the US than a 20 year old with no job or money who has an American girlfriend. You didn't clarify in your first post why you were asking. On this board, those who usually ask this question can't stand to be apart so try to "live" together via VWP. That's why so many warnings.

Your answer from the embassy is just about what everyone has said already....no written policy...need to have ties to home so they believe you will return.

Things you could have if questioned

Return ticket

Proof you own a home or have a lease.In the UK

Children or grandchildren in the UK you wouldn't abandon by going AWOL in the US as an illegal alien.

Memberships in clubs, church, or other social ties.

Bank statement showing balances or credit card showing how you will pay for the holiday.

Quite frankly you are of an age and situation where you would won't draw a lot of suspicion that you are going to overstay and work illegally, which is the concern. If questioned, just talk your way in. We have a holiday home we visit twice a year to take a break from the rain and get some sunshine....or whatever.

Edited January 31, 2014 by Nich-Nick

[Boiler 45,553]

Job, wife, children are the usual ones.

[Harpa Timsah 13,258]

How early is early retired? Someone reported having trouble because they were retired at age 40 or something and it seemed suspicious to the officers.

[jetskidia 0]

How early is early retired? Someone reported having trouble because they were retired at age 40 or something and it seemed suspicious to the officers.

I will be 55 and wife 53.

Dont have a job, have children but both grown up with their own children

[Harpa Timsah 13,258]

I will be 55 and wife 53.

Dont have a job, have children but both grown up with their own children

Okay, so not insanely early.

[Boiler 45,553]

But still iffy for a b2