Multiple long visits on ESTA VWP How long before i can go back?

[QueenComley 295]

Many moons ago when I was in the first throws of love I visited my now husband 3 times in less than a year. the first visit was for 2 weeks, the other two times were for 90 days. The last time I visited I knew I was skating on VERY thin ice. I was aware of an individual who was indeed turned away at POE and put on the next plane home. I was desperate to see my man for the Christmas holidays but knew there was a good chance I would be turned away at POE and it was a dicey chance to take. The golden rule.... never lie about anything they ask you. Answer truthfully. The third time I flew out I took my tenancy agreement (I lived alone and supported myself) Plus my contract of employment and bank statements. The third time I visited I was not even asked who I was staying with. The officer just looked at my passport photo and asked what had happened to my long hair. I explained it was in a bun as the airport was so darn hot and he just laughed and let me on through. As others have said, its pot luck, hit and miss. But Im telling you right now, I could very well have been put on the next plane home. I have a sneaky feeling that this "friend" is a little more than that, and that's ok... just don't lie when you are asked who you are visiting and the nature of your relationship.

Edited December 15, 2015 by QueenComley

[SunflowerSweet 1,321]

I have only visited america once for 10weeks. It was originally 3weeks but decided to travel to Dallas so extended. Whilst I was there the persons house I was staying at died. It was a shared house. Due to this and a few other circumstances I was unable to do the touristy things I had planned to do once i had extended my trip eg busch gardens beach trips trip to the big cat sanctuary and travel to orlando and miami and had hoped to travel to NY and possibly vegas.

I know the person because they have duel citizenship and lived for 20years in the UK. I am confused as I have read other forums where people have gone for close to 90 days come back for a month or even a week in some cases and gone back for another 90days with no problems but now I am being told that I could encounter major problems. It would only be my second trip to the US with a 2 month gap inbetween. Would I be better off going for a shorter length of time or because I originally went for 3 weeks but extended before that they would be suspiscous? This is throwing everything I had planned into mayhem.

I dont want to live in America! My home is England. I just didnt realise it would be a problem to come back again after 2 months! Naive maybe! I have had one trip! I just dont want to get to Tampa and be turned back!

I appreciate everyones input and I am taking it all onboard and weighing up my options. I just want as much information as possible really. I only have 3 more posts until tomorrow 7PM so I wont reply to each post but try to answer questions etc in bigger posts after a few responses.

I wouldn't really worry about your post limit as there really isn't much more to be said.

Can you come back as early as you want to? Well yes, you can try. There is a good chance you may be questioned and the only way to overcome the suspicions is to prove ties to your country, and yours seem very weak at best.

Should you come back as early as you want to? That's debatable, but as many others have mentioned you do not at all seem to be using the VWP for it's intended purposes. I'm not even going to get into the UK benefits issue, but please just be more mindful of what you are doing both by taking advantage of the VWP and possibly taking advantage of your tax-payer funded benefits..

[Jenvds 16]

Just like everyone says, it's a gamble.

Before we married my husband came to visit me for 2 weeks and was pulled aside and questioned intensely. A year later he came again with a round trip ticket and was questioned intensely again. They sent him back on the next flight that same night. He has PERMANANTLY LOST HIS VWP privileges. He cannot enter the US without a visa and his chance of a non-immigrant visa would be none to less than none.

He was honest about everything so he didn't receive a ban. (but if they catch you lying, they can from the US. After that any visa, even in the distant future, becomes much more difficult to get.

My advice: cool your heels. I've been separated from my husband for nearly a year now (our first year of marriage) and we still have months to go until his visa. It won't kill you to wait, believe me.

[Bzegurl 41]

This is why I keep my kool and don't ask questions on here. I prefer to read and take my chances.

[mallafri76 1,012]

I have visited my husband about 20 times in the last (almost) five years. Pretty much every three months like clockwork. I stay between 10 days and three weeks and then I fly back to Sweden. I have flown in through Newark (New York), Dulles (Washington) and O'Hare (Chicago), all big international airports. Once we got engaged, I started bringing ties to Sweden with me, like mortgage deed and a letter from my employer. I have never once been asked to show these proof of ties. I have never once had issues with CBP about my trips, ok maybe once but I don't really count it because it was a new CBP officer that sent me to secondary screening and the supervisor there took one look at my profile, stamped my passport and that was it.

I have friends here on VJ from Sweden and other VWP countries who have also visited their husband/boyfriend/fiance multiple times and then all of the sudden, on one trip they're denied entry by CBP. They have had strong ties to their homecountries; employment letters, rental agreements, one even have two small children in Sweden, they still got denied.

My point is that you never know what CBP will do until you're at the border. The fact that you're coming on here and asking questions if what you're doing is wrong or not and what to expect means that you're nervous about your trip and about being denied entry. CBP picks up on these things. That nervousness together with the fact that you have no real ties to the UK and that you have a long stay in the US followed by a short stay in your home country may very well mean you get denied entry. Or you might breeze through. You just won't know until you try. The question you should be asking yourself is if the trip is worth risking your VWP privileges for?! If the answer is yes, then fly over and try your luck. If the answer is no, then wait four to six months in the UK before flying back to the US.

[HFM181818 750]

BTW, calling our embassy in London re: using/abusing the VWP is pointless - the Dept of State does not regulate our borders - decisions about being admitted, etc, fall to DHS and CPB. Our embassies have no authority in this matter - they issue/deny visas, but a visa is merely an object that allows the holder to, in essence, request permission to be admitted.

Any other advice they (embassy) might provide has no legal oomph behind it...they do not interact directly with CPB regarding admissions.

Others have told you that if you lose your gamble some day about overusing the VWP, that privilege will be rescinded quickly and you will find it more than an uphill battle to obtain B2 visa for a long long time.

[IcezMan_IcezLady 582]

My ties are my whole family live here, mother father brothers grandfather etc. I am on state benefits and medication. Other than that I guess it would be rather awkward.

That tie (s) won't work..

[concernedesta 2]

I want to thank everyone for their responses even if some of them have felt rather harsh to me. Well I just rang the US embassay ESTA department in America and the man said that as he would not be the officer at the POE he could not give a difinitive answer but the fact that I would be looking to spend 5 and a half months in a short period of time that they would probably want to take a closer look at me and it would be up to me to prove i was going back home. Thats not so easy for me as I dont have real ties. no job no rent agreement etc. What other things could I use as proof that im going to return? Would it be better to book a shorter trip? show I have tourist type plans for whilst I am there?

I really am not using the VWP as a way to live in the US I have zero intention of working there and would be returning home at the end of my trip. From everything I have read I realise now that it will be a gamble to return in February after 2 months. I would think I would be allowed to enter but I know it would make things harder to go back for a third time if I chose to. This all seems so unfair that it is so difficult to travel to places for any length of time. I really am not trying to abuse the system to LIVE there. When you fill out the form at POE does it have place to fill out departure date? I dont remember what I had to fill in and wonder if the fact I extended my first trip would count against me or if it would not be on their records? does anyone know this and can anyone give me their experience as to length of time they spent in and out of the country between trips.

[Transborderwife 4,666]

Methinks thou doth protest too much in regards to not living in the usa.

Wait u til late spring/early summer. Without ties like a job, rent, social clubs, etc you would likely be scrutinized.

Travel privileges are never fair and are just that, privileges. Especially in our post 9/11 world.

[HFM181818 750]

camping out for half a year (in total) is living in the US, not visiting. I doubt that you are spending all of that time sightseeing - and likely, CPB will not buy off on that either. Even if living with your 'friend' while here, no one would believe that you have the resources to visit our national parks, take bus, plane or train rides to other cities, feed and house yourself while away from your 'friend', etc, because that would add up to a ton of money - far more than you have or will bring with you on the plane. So, when the option does not exist to be such a thorough tourist, then naturally a CO (if applying for a visa) or a CPB officer at the airport will wonder what is truly occupying all of that time as a 30 year old.....and the first thing that comes to mind is....work. Because claiming that you are just here, 'hanging out' or watching TV is far from credible (and I've had countless visa applicants try that one on me when either their VWP privileges were ended (and I was staring at the I-275, the report sent to our embassies when somebody is denied admission to the US - and in that report, gee, the entire interview with CPB when the alien admitted to working) or somebody who was given a single entry visa, claiming they were going to stay 2 weeks for some (bogus) conference, but stayed 5.9 months.....and were now seeking a new visa...and they could not offer a credible explanation of (a) how they managed to support themselves for such a length of time and (b) what activities were occupying all of the free time? Their answers were so ridiculous that often I had hard time keeping a straight face.....but the common, vague answers were 'hanging out with friends', 'helping friends' and 'watching TV.' For those who claimed to have been watching TV for 6 months, I handed them a sheet of blank paper and told them that I would issue them a visa if they could merely do the following: write down the ten shows you watched the most, with the names of the actors and actresses on those shows and the names of the characters they played, along with the basic plot line of those shows..'...I gave them 15 minutes....and when the time was up, the paper was blank (or they had written '60 Minutes, a news show') and their visa application swiftly denied, and in some cases, for those who finally admitted to have been working, a finding of ineligibility under INA 212 a 6 C I, for having lied to a CO, and having misrepresented their true intentions upon admission into the US, and then engaging in an activity that would have a required a COS to a category that allows work, without the benefit of that COS.

The OP should be aware that CPB can recover your luggage, open it, ask for your cell phone, date books, etc and scour those for evidence that your free time has not been filled sightseeing.....and if you really annoy them or try some creative story to cover your tracks (if they exist) you could easily be looking at a five year ban on readmission that won't be waived for eons. Just something to consider.

[DJ6372 111]

I want to thank everyone for their responses even if some of them have felt rather harsh to me. Well I just rang the US embassay ESTA department in America and the man said that as he would not be the officer at the POE he could not give a difinitive answer but the fact that I would be looking to spend 5 and a half months in a short period of time that they would probably want to take a closer look at me and it would be up to me to prove i was going back home. Thats not so easy for me as I dont have real ties. no job no rent agreement etc. What other things could I use as proof that im going to return? Would it be better to book a shorter trip? show I have tourist type plans for whilst I am there?

I really am not using the VWP as a way to live in the US I have zero intention of working there and would be returning home at the end of my trip. From everything I have read I realise now that it will be a gamble to return in February after 2 months. I would think I would be allowed to enter but I know it would make things harder to go back for a third time if I chose to. This all seems so unfair that it is so difficult to travel to places for any length of time. I really am not trying to abuse the system to LIVE there. When you fill out the form at POE does it have place to fill out departure date? I dont remember what I had to fill in and wonder if the fact I extended my first trip would count against me or if it would not be on their records? does anyone know this and can anyone give me their experience as to length of time they spent in and out of the country between trips.

Oh sometimes I wish I wasn't such a cynic!

But your 'case' reads working to me, and I'm just an innocent bystander who lives in the USA

What makes me such a cynic? The Brits I meet who are here on an ESTA, who think because they 'love' America they should be allowed to stay

Their reasoning, well they're Brits

The USCIS doesn't give 2 monkeys who you are, what you think or that you seem to think you have a right

You are playing a dangerous game and may find yourself on a ban

Your choice, not ours, do what you like, but don't reappear on here whinging you got returned with a ban, and how much the systems sucks

[amberammo9915 19]

I have been in and out of US before I decided to settle and even if I kept coming back every 2 or 3 months for the span of 5 years ( in some years , I came 2x ) , I was allowed to do so. My point of view is, it also comes with luck and prayer. I was asked how I can afford it , I told them I have enough money to travel this often and if you don't have bad record in their file , I think you can make it. Just make sure you have money with you as they may ask about it and a credit card.

[concernedesta 2]

HFM181818 It would be great to get you at a POE or an embassay as I could easily write a list of TV programs I watched and name characters plots not so much the actors and actresses but some of them. I can bring proof of having enough money to visit in the US. I also have bank records showing money transferred from my savings to my bank account and being drawn out in the US at regular intervals to cover my living expenses. While I was in US this time I did visit with friends as well as travel to dallas to meet friends, as my friend is a trainer I was able to go with him to "work" and watch him train as well as go and watch games being played. No disrespect but as a UK citizen that receives free healthcare and benefits as well as easy transportation and has a place to live why would I want to LIVE in america??

As I am staying with my "friend" rent free and he drives me places I want to go how much money would you say is a reasonable amount to have available to me?

Yes my posts may look suspiscous but the fact that I know I am being honest and not wanting to work/earn money in the states nor do I want to over stay my 90days a trip allowance makes me feel a little better about it. It has made me aware however that I will have to be careful and instead of booking 10 weeks i may have to settle for less ad that I will need to be prepared for hassle at the airport. I would hope that the fact that I am genuine would show through. There would be nothing in my luggage or phone to suggest I was coming to work!

[Mike-eeh and Odie 193]

...What other things could I use as proof that im going to return? Would it be better to book a shorter trip? show I have tourist type plans for whilst I am there?

When it comes to visiting the USA, CBP Officers could care less about the length of your "entitled period of stay," or the activities you will do while you are here. what they really care about are:

1. When will you go home?

2. Why you will go home after your visit is over?

I really am not using the VWP as a way to live in the US I have zero intention of working there and would be returning home at the end of my trip. From everything I have read I realise now that it will be a gamble to return in February after 2 months.

It is a gamble. Personally I think international flight tickets are expensive, why throw that money away if there is a chance you'll be sent home? I would follow the advise of your fellow countrymen and women who have visited on VWP before and wait at least 6 months.

I would think I would be allowed to enter but I know it would make things harder to go back for a third time if I chose to.

You know each time you visit within the same year makes it more difficult for a future visit. If a CBP believes you are abusing your VWP privilege, it can be revoked. Having your VWP revoked makes it all the more difficult to apply for a B2 visa, which would be your only option should that happen. In which case, you would not be visiting the USA for quite some time.

This all seems so unfair that it is so difficult to travel to places for any length of time.

The VWP is unfair? What some foreigners would not give to have the privilege you have! Many try to get a B2 visa with no success and can never see their loved ones. Those that do get a multiple entry visa sometimes get their visiting limited to a few weeks rather than the few months their visa allows at POE. You really need to cherish that free 90 day pass to the USA and respect the authority that issued it to you.

I really am not trying to abuse the system to LIVE there.

The fact that you reinforce this statement all through your posts is an indication that you DO want to live in the USA, from a psychological perspective, of course. CBP officers pick up on this as they are trained to do so. Your best defense is to have strong ties to your home country, or as others have mentioned, stay out of the USA for at least 4-6 months.

Edited December 15, 2015 by Mike-eeh and Odie

[canadian_wife 1,827]

. No disrespect but as a UK citizen that receives free healthcare and benefits as well as easy transportation and has a place to live why would I want to LIVE in america??

You are right, you do not want to live in America. You want to not work, continue to receive state benefits and travel unrestricted to the United States. We are all clear on that

Good luck with this venture.