Boyfriend/Fiance visiting with for 5 weeks.. worried about proving intent to return

[HFM181818 750]

a good travel history is an excellent asset

[DJ6372 111]

How much weight does a CBP put on past good compliance with VWP conditions? My wife is a USC (we both live in Ireland for the moment - I am in CR1/IR1 process) and I've travelled to the US on VWP 7-8 times over the past 5 years, each time as a bona-fide tourist for 2-3 weeks and each time returning on the intended date as specified to the CBP official.

Does this factor into the CBP official's decision making to any significant degree or is past performance viewed as insignificant to possible future intentions at each POE event?

Or does it essentially all boil down to questioning and verbal/non verbal response to same?

Very good question

I would imagine that you may spike an interest if you ran close to the limits, you know staying 89 days per visit or 5 months total in a calendar year

Similar to you I travelled a lot but stayed well within the rules

I know they have a record because the CBP actually said to me 'wow you visit us a lot'

I guess if you act like an idiot at the desk (as some people do) you may black mark yourself

I saw a drunk Brit in Vegas refused a flight as he was rude and obnoxious

Edited January 22, 2016 by DJ6372

[Boiler 45,949]

Where are you going and how long will you be here seem the common 2.

[SMINKACHU 0]

a good travel history is an excellent asset

That I have, to an extent, two visits, no issues and left on time.

[HFM181818 750]

it is hard to argue with a good travel history, unless, of course, one becomes a smart a$$ or something, but good travelers, I imagine, would rarely act like that....

[RJS7 5]

Very good question

I would imagine that you may spike an interest if you ran close to the limits, you know staying 89 days per visit or 5 months total in a calendar year

Similar to you I travelled a lot but stayed well within the rules

I know they have a record because the CBP actually said to me 'wow you visit us a lot'

I guess if you act like an idiot at the desk (as some people do) you may black mark yourself

I saw a drunk Brit in Vegas refused a flight as he was rude and obnoxious

No I didn't know that in respect of 5 months total per year. I wouldn't get near that in truth in my current circumstances but, nevertheless, useful to know. Still though, good to know that a consistently compliant travel record is a valuable asset to the would be traveller presenting at POE

And definitely no good a travel record will help a belligerent drunk.

[DJ6372 111]

No I didn't know that in respect of 5 months total per year. I wouldn't get near that in truth in my current circumstances but, nevertheless, useful to know. Still though, good to know that a consistently compliant travel record is a valuable asset to the would be traveller presenting at POE

And definitely no good a travel record will help a belligerent drunk.

I think it has to be slightly less than 6 months, but the general rule is whatever time you spend in the USA, follow it up with equal (or more) time back home

Also you become an interest to the IRS over 6 months and maybe liable for taxation!!

[NickD 203]

Even with a letter like this was unable to get a tourist visa for my stepson.

"U.S. Consulate,

As a US citizen, I am familiar with 8 USC Section 1324 of the US penal code with any attempts to bring an alien into this country by any means contrary to the polices dictated by both the DHS and USCIS. I am also very aware of the limits for visitation imposed by the I-94. And very familiar with the consequences of breaking these laws. I am enclosing proof of my residence in the USA.


With this knowledge and the bearer of this letter, a relative of my permanent resident wife, along with her country of origin proof of identity, it is my wish that you grant him/her a visa to the USA so they can come and visit us. If any transgressions are attempted by us, you have our location to send DHS agents to and I have full knowledge of the consequences of any such attempts to falsify our intent of this visit. We would just like to have a short visit within the guidelines of the I-94 for this visit. With this knowledge, please provide our relative with a visa.

Sincerely yours,"

And it sure doesn't help to have a president that is trying to shelter over 5 million people that overstayed their visas and are here illegally. Plus bring in refugees that have caused major problems for three other countries.

President, or the executive branch of our government has complete say over the DOS and NVC, even our congressmen and senators do not have a say in this matter. And determine the immigration limits for each and every country. Feel like we are living in a dictatorship type of country. And very aware if many marriages that broke up with this 90 day limit.

[HFM181818 750]

as you saw, such a letter has no more legal power than a two week old newspaper...it does not matter how aware you or anyone else might be of the law....awareness does not give authority...promises made by third parties regarding the actions of another are meaningless and unenforceable

and I admit that seeing millions of illegals about to be rewarded in some fashion makes me ill.

[SMINKACHU 0]

as you saw, such a letter has no more legal power than a two week old newspaper...it does not matter how aware you or anyone else might be of the law....awareness does not give authority...promises made by third parties regarding the actions of another are meaningless and unenforceable

and I admit that seeing millions of illegals about to be rewarded in some fashion makes me ill.

True, but that letter was written by a family member. I reiterate I'm not expecting a letter to guarantee anything. I'm hoping a good travel history, my nationality and common sense will get me through

[AMZJ 61]

Don't lie, be honest. The only thing I have ever had asked was if my daughter was mine. I ALWAYS take her birth certificate as we have separate names and she travels on her US passport and I have a UK passport. I also took any documentation I had to do with being able to travel with her. I've only ever been asked for this on the way back this last time I traveled with her. I've traveled with her 2 times. I've always just said I'm visiting my boyfriend. I always leave well before the 90 days ESTA is up and I always would do anyway as I'd never risk any trouble. We are applying for K-1 now. But I won't be flying again before it's approved. I also take my tenancy and bank account details (I have a lot of savings for my move). I was there 2 weeks feb, 6 from July and 3 weeks over Christmas. Never any issues on entry.

Edited January 23, 2016 by AMZJ

[SennaBrigante 92]

It's your answers and demeanor at questioning that will get you through.

I entered the US as a single Filipina 29 year old, working as freelancer with less than $500 in my bank account on a tourist visa. Was given 6 months to stay, left on the 4th month. Had to reschedule my ticket since I only planned to stay a month but plans change.

I was only asked for my plane tickets (onward and return) and nothing else. Yes I did mention my then-boyfriend. I wasn't the most confident in answering questions but I think my demeanor was just generally "let's-get-this-over-with-I'm-exhausted-and-hungry".

I imagine that if I was fidgety, shifty and nervous, I'd have been taken to secondary or just simply turned away. Questions that were asked were "what's your purpose for travel", "how long will you be in the US?", "where are you staying?"

[NickD 203]

as you saw, such a letter has no more legal power than a two week old newspaper...it does not matter how aware you or anyone else might be of the law....awareness does not give authority...promises made by third parties regarding the actions of another are meaningless and unenforceable

and I admit that seeing millions of illegals about to be rewarded in some fashion makes me ill.

Obviously, no one is checking for overstayed I-94's, if they did, there would not be an estimated over 11 million illegals here.

But if you apply for adjustment of status with that I-485, they ask this question, and if you didn't answer honestly, could be deported for ten years. Not because you overstayed your I-94 for even a couple of days, but because you lied on your application. This time they check to see if you overstayed.

Always had to get my wife to be back on time, one time, her flight was delayed for 24 hours, but she was okay, got through the gate in time, but had to stay overnight at the airport until her flight took off. Course, I couldn't spend that night with her, didn't have an airline ticket to get thru the gate.

So when you go thru this, tend to get a little upset when the president is trying to shelter them.

[SMINKACHU 0]

It's your answers and demeanor at questioning that will get you through.

I entered the US as a single Filipina 29 year old, working as freelancer with less than $500 in my bank account on a tourist visa. Was given 6 months to stay, left on the 4th month. Had to reschedule my ticket since I only planned to stay a month but plans change.

I was only asked for my plane tickets (onward and return) and nothing else. Yes I did mention my then-boyfriend. I wasn't the most confident in answering questions but I think my demeanor was just generally "let's-get-this-over-with-I'm-exhausted-and-hungry".

I imagine that if I was fidgety, shifty and nervous, I'd have been taken to secondary or just simply turned away. Questions that were asked were "what's your purpose for travel", "how long will you be in the US?", "where are you staying?"

It's going to be hard not to be nervous given i could be potentially refused entry.

[SennaBrigante 92]

It's going to be hard not to be nervous given i could be potentially refused entry.

Nerves are a given. I get nervous going through immigration whatever country I go to. Just try to keep it to yourself and have all your docs within easy reach. Before I reached the counter, I had my passport and plane tickets out of my travel pouch. I dont think I was asked for anything other than those.