VWP (ESTA) How soon can I return to U

[Harmiliyah 0]

We started our Green Card application in March 2016 naively thinking it would be a fast process So now we are planning alternative scenarios and I would be grateful for some input.

We are planning to go to the US the beginning of August as my daughter will start school there (my husband and daughter are USC). We currently live and work in the Middle East.

I will enter on the ESTA Visa Waiver Program for 90 days. I will leave the US and return to the Middle East to finalize all the paperwork

I know the VWP is for 2 years but I cannot find out how soon I can re-enter the US - does anyone know? Alternatively, can anyone offer a different solution?

Thank you

Caroline

[Georgia16 2,858]

What do you mean by GC application? Is it the spouse visa CR-1/IR-1?

You can enter again but just remember you must stay out more then being in and it is op to the people in the airport if they will let you in or not.

[Harmiliyah 0]

I meant IR1 application. I know I can enter again as it's valid for 2 years, but is there a statutory length of time you must be out of the US before re-entering. I cannot find any information on this on any official website.

[Kastrs 723]

something to consider, will you mention using the VWP to enter the US, will you still have legal residence in the middle east at the time of your interview? if not you will need to complete processing/medical/interview in your home country

[A'n'L 735]

It's at the discretion of CBP, which makes it somewhat unpredictable.

The rule of thumb is to stay out for twice as long as you stayed. If you stay the maximum allowed time on your first trip, that makes it less likely they will let you back in.

You need to show a return ticket and bring with you evidence of ties to your home country/country of residence :-)

[JFH 12,190]

The VWP is for visiting, not living in the USA in 90-day installments. You need to satisfy the CBP officer that you are only visiting and that you will be returning to your country of residence at the end of your stay. You will struggle to convince him that after 90 days you will leave your husband and child and return. All foreignors who arrive at the border are automatically assumed to have immigration intent. Multiply the assumption by 100 when said foreignor has a husband and child in the country. What have you got to go back to after 90 days? Will you still have a job?

If you do manage to get in for 90 days, leaving and re-entering very soon after will almost certainly not be possible.

You can't use the VWP to live in USA and make a short trip home every 90 days.

Edited April 27, 2016 by JFH

[Boiler 45,516]

VWP amongst other things requires you to have a residency abroad.

[Harmiliyah 0]

JFH - I have absolutely no intention of trying to circumvent the system, I am merely trying to ascertain the rules of re-entering. My daughter is entering boarding school and my husband and I will return to the Middle East or the UK until I have completed the process. We have company housing here and property in the UK and US.

[JFH 12,190]

So why do you need the full 90 days and want to know how soon you can return?

[Harpa Timsah 13,258]

There is no official rule and you are never guaranteed entry. Your VWP allows you to request entry. You can request entry the day after you leave if you want.

[Harmiliyah 0]

something to consider, will you mention using the VWP to enter the US, will you still have legal residence in the middle east at the time of your interview? if not you will need to complete processing/medical/interview in your home country

Kastrs, Yes I think I will have to wait until get to the NVC stage, Ramadan is fast approaching and getting Police Clearance will take longer than normal. This will no doubt impact the length of time for processing if I have to Change my country of residence from Saudi to the UK. Inshallah it will all work out.

Edited April 27, 2016 by Harmiliyah

[Harmiliyah 0]

So why do you need the full 90 days and want to know how soon you can return?

As far as Im aware the ESTA is issued for 90 days, I only plan to be in the US for one month.

[Kastrs 723]

Kastrs, Yes I think I will have to wait until get to the NVC stage, Ramadan is fast approaching and getting Police Clearance will take longer than normal. This will no doubt impact the length of time for processing if I have to Change my country of residence from Saudi to the UK. Inshallah it will all work out.

You said you are planning to enter the US sometime in August under the VWP- You should look in to how long it will take to request the PCC now. By August, it will likely be nearly about time to submit your documents to the NVC. If you have everything prepared in advance and ready to send ASAP your process will go faster. Since your husband and daughter will be moving to the US at that time, I would suspect you would no longer have a valid residence visa for SA? I know everything will come to a crawl during Ramadan and it is coming so soon!