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Visa Waiver Program UK Husband Visiting

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My husband is coming in March to visit for 85 days. Since he is from the UK, it will be under the visa waiver program. He has taken an extended holiday from work and has proof/copies of the contract saying he will return after 6 months. Other ties to UK include bank account, utility bills and a lease due to start on the date of his return. With all this information/proof that he is only visiting for such a long period of time should he have any trouble at customs?

What about leaving after 85 days and returning? How long should he wait? How long should the next visit be? The current plan is for him to stay 85days, leave for 2-3 weeks and then come back for about 80 days. After that he will have to return to work and start his new lease on an apartment.

His ESTA does not expire until 7/2015. Does that mean it is good for both visits or does it have to be renewed after 90 days?

While I've got you here...any word on how long this I-130 will take? Our NOA1 was 10/27/13.

Thanks!

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Thanks, but that didn't really answer my questions.

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Will he have any problems? Maybe. It's totally CBP's call when he tries to enter the USA, regardless of what evidence he carries with him. Having said that, you sound well-prepared, so it'll probably be fine. They don't much like folks coming in for near 90 days, leaving for less time than they were in the USA, then returning for another long stay. As in that other thread - they start to think you're living in the USA as a tourist.

His ESTA is good for as many visits as he wants to make, until it expires. He doesn't need to get a new one every time he makes a new trip, if that's what you meant.

Approvals for I-130s are... well.. long. You can study the averages from VJ members' timelines here: http://www.visajourney.com/timeline/

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Will he have any problems? Maybe. It's totally CBP's call when he tries to enter the USA, regardless of what evidence he carries with him. Having said that, you sound well-prepared, so it'll probably be fine. They don't much like folks coming in for near 90 days, leaving for less time than they were in the USA, then returning for another long stay. As in that other thread - they start to think you're living in the USA as a tourist.

His ESTA is good for as many visits as he wants to make, until it expires. He doesn't need to get a new one every time he makes a new trip, if that's what you meant.

Approvals for I-130s are... well.. long. You can study the averages from VJ members' timelines here: http://www.visajourney.com/timeline/

We're talking about only doing two months in, two months away and then a month back in. Think we'd have better luck with that one?

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We're talking about only doing two months in, two months away and then a month back in. Think we'd have better luck with that one?

Possibly. Longer time out seems like a plus. Always the potential that CBP will turn you away, no matter the trip circumstances.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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