ESTA/VWP how long between visits?

[KierenHby 899]

He has his own business, but he visited you in

1. Late July 2015 - Early Oct 2015

2. Late Nov 2015 - Mid Feb 2016

3. ??

Again, what season is his business peak?

[Boiler 45,553]

March until June?

[EmilyW 1,441]

OP, I know it seems like people are grilling you, but these are likely the questions a CBP may ask your partner. Better to be over-prepared and get through than under-prepared and put on a plane home.

[TimAdri 8]

Same sort of thing happened with us....Adri visited in October of 2013 on a VW...we returned to Spain for Xmas (Dec 15 to 29) for a couple weeks, and then came back in together and got flagged and sent to the "special room" for questioning. It all boils down to time between visits on ESTA/VWP.....As stated before...you generally should be outside the country for a considerable amount of time before trying to come back in. You are subject to all kinds of scrutiny since it's a "Visitors Visa" and the presumption is you are coming for a short period to sight-see/travel/visit someone....Not conduct commerce, or potentially commit some other kind of Visa fraud.....There is no recourse, and you can't battle your way out of it....Visa Waiver Program states that you waive all your rights to legal representation to fight your ability to stay...you can be denied and sent home no questions asked....

We got a slap on the hand, approved for another 90 days...and were told not to risk it again....

You should probably go visit him this time around in-between, and have him come back after 6 months or so...That is if you don't want to find out if something bad might happen....They can revoke his right to come back, and be banned from entering for a considerable amount of time (<-- That's what the agent told us)....Me personally...I would not take any risks...

[Unlockable 7,314]

If your fiance got questioned and accused of working in the US then take that as a indication that his ESTA is at risk and plan accordingly.

You may think that people are grilling you but you have to look at it throw immigration eyes. An letter stating that you will fund his visits for months at a time only shows an immigration officer that your bf has stronger ties here in the US than back home. If he has a place to stay and can stay here for months at a time then he can leave his business and other ties back home and just continue staying with you.

[Sukie 1,463]

We had a similar experience. My partner (then) came into the US and spend 87 days. She was back in Australia for 2 months and then came back - this time for 8 weeks. She was back in Australia and came back after 5 weeks and got grilled, told she was abusing the system and that she needed to stay OUT of the US for longer than she was IN the US. She was in tears when we met up at the baggage claim.

We are both retired - so no job to go back to. So the lesson is: Stay in the US for 3 months? Better stay out of the US for 4 - 6 months before you come back.

Stay in the US for 4 weeks? Then stay out of the us for 3-4 months.

Once we filed the I-130, we didn't feel as nervous about coming in and out, but we still were VERY careful.

Best of luck to you!

Sukie in NY

[llaz 232]

I've never had a 9-5 job, nor do I know anyone in this day and age who does...but that's beside the point.

I asked a simple question (which the CBP officer is also likely to ask so you may as well prepare your boyfriend for it) as to who will run the business whilst he is away so much. If you think that's grilling... I don't know what to say. If it's a business that can be run perfectly fine without his presence for many months of the year, the CBP officer's next thought is going to be "so what need does he have to go back?"

Regarding the letter. If you are supporting him it's also going to lead to the question of what reason the boyfriend would have to leave on time when he has a girlfriend who can comfortably accommodate him on her salary in her free housing. That's the risk of making everything look too comfortable.

CBP officers like hearing the phrases "I have to get back to work" or "I only have 2 weeks leave from work".

I know you wanted other people's experiences but every situation is different and every arrival is treated differently and on its own merits. I have entered with the VWP in excess of 40 times. Doesn't mean that the person sitting next to me on the plane will be admitted.

I apologize, I was simply frustrated by some peoples one sentence questions and no real answers questions. I had no idea as to why some of the questions that were being asked were being asked, I do understand your question now and appreciate it as it did get me thinking...

I am thinking that maybe what we need to do is have a contract (in writing instead of by word which is how it is right now) between my fiancee and his sister agreeing to a certain amount of items that she will need for her business by a certain date. He makes the items, sells them to her and then she sells them in her business.

Do you suggest I maybe not send the letter then with him? We obviously want to go about the K1 process in a legal way, we want no legal issues that may seperate us in the future, hence which is why we have spent over $5000 in airplane tickets to see each other and the leave in the allotted amount of time.

Thank you for your response.

[KierenHby 899]

I am thinking that maybe what we need to do is have a contract (in writing

Do you suggest I maybe not send the letter then with him?

That written contract has practically no value to a CBP; can be prepared by anyone.. with no legal enforceability.

What he should do is to spend a decent amount of time in his country, visit you on occasion, and when face to face with the CBP officer, look him\her in the eye and just be plain honest. That credibility will be worth a lot more than a letter.

[Boiler 45,553]

You have to remember we have seen it all, and often getting pertinent details is like pulling teeth. In this case you seem to know what the real issues are and chose not to mention them in your first post, which also raise suspicion.

His profile is what it is, he has nothing much at home and he has been staying in the US for significant periods, much longer than you would expect as a regular tourist.

Can he get in again, well the only way is to try, if he does he will get another 90 day stamp. Assuming he is honest and does not get in all he will lose is his VWP access.

[llaz 232]

While he cannot lie if asked about a girlfriend in the USA, he need not mention it. An invitation letter may raise questions as to him staying illegally, and getting married to you; you promising to support him holds no weight, anyone can write that and it is not legally binding. Starting the K1 process may actually help in your case, it shows he wants to do things the legal way and may make it easier for him to visit.

If his business is such that it can be left alone for some time, he is more likely to overstay illegally in the USA; if he can prove he MUST go back to run the business, it can help.

I used to visit my now-husband a lot, and once got pulled into secondary. The next time, I just got waived through. I was so nervous, but they didn't say anything! My situation was slightly different in that I'd come often (5 times in one year), but always only for a week or two.

Yes they never asked him the second time whom he was visiting, the first time we were just friends the second time we were together, but they never asked him they just jumped to the working accusation. He did not show the invitation letter the second time nor the first time because he forgot about them. That sounds good, maybe we will wait until we receive the NOA1.

Like I asked in a different post, maybe it might be a good idea for his sister and him (instead of by word) to sign a contract for the large amount of items he makes for her and have it state the due date for the items. Do you think this might be a good idea?

You make it sound like he has no real ties and at best works part time.

He works very hard. Its hard to have your own business but luckily he does most of it out of his home where his family is, its not just making the items but its constant quotes, constant marketing, constant accounting. So its probably "part time" in regards to the actual making the items of fixing items for people, but the other portion of it is very time consuming (I even help him with marketing from over here in the US to try to take some off of his plate).

He will make up everything he's had to make up, build up an inventory for sale, finish his contracts and then will come. His sister sells the items while he is gone, while we market the items over the internet.

Can you blame him? 3 month holidays from work with everything paid for in the USA... he hit the jackpot.

THANK YOU! lol!

He has his own business, but he visited you in

1. Late July 2015 - Early Oct 2015

2. Late Nov 2015 - Mid Feb 2016

3. ??

Again, what season is his business peak?

Usually September - May-ish, it all depends on how hard the winter hits though too down there. Last year he took a nice break during his "peak time" because business wasn't picking up as usual, he picked it back up in February.

OP, I know it seems like people are grilling you, but these are likely the questions a CBP may ask your partner. Better to be over-prepared and get through than under-prepared and put on a plane home.

Yes, thank you. I agree.

Same sort of thing happened with us....Adri visited in October of 2013 on a VW...we returned to Spain for Xmas (Dec 15 to 29) for a couple weeks, and then came back in together and got flagged and sent to the "special room" for questioning. It all boils down to time between visits on ESTA/VWP.....As stated before...you generally should be outside the country for a considerable amount of time before trying to come back in. You are subject to all kinds of scrutiny since it's a "Visitors Visa" and the presumption is you are coming for a short period to sight-see/travel/visit someone....Not conduct commerce, or potentially commit some other kind of Visa fraud.....There is no recourse, and you can't battle your way out of it....Visa Waiver Program states that you waive all your rights to legal representation to fight your ability to stay...you can be denied and sent home no questions asked....

We got a slap on the hand, approved for another 90 days...and were told not to risk it again....

You should probably go visit him this time around in-between, and have him come back after 6 months or so...That is if you don't want to find out if something bad might happen....They can revoke his right to come back, and be banned from entering for a considerable amount of time (<-- That's what the agent told us)....Me personally...I would not take any risks...W

We are considering meeting in a different country (maybe Panama or Costa Rica) for a week or two. I just unfortunately do not get as much freedom in regards to vacation time as he does. Do you think 6 months or so from like August? Because he's been out since February of this year?

Do you happen to know if they revoke his right to come back, does that mean even if we get the K1 visa? (I am assuming so). Maybe I should speak to a lawyer.

We had a similar experience. My partner (then) came into the US and spend 87 days. She was back in Australia for 2 months and then came back - this time for 8 weeks. She was back in Australia and came back after 5 weeks and got grilled, told she was abusing the system and that she needed to stay OUT of the US for longer than she was IN the US. She was in tears when we met up at the baggage claim.

We are both retired - so no job to go back to. So the lesson is: Stay in the US for 3 months? Better stay out of the US for 4 - 6 months before you come back.

Stay in the US for 4 weeks? Then stay out of the us for 3-4 months.

Once we filed the I-130, we didn't feel as nervous about coming in and out, but we still were VERY careful.

Best of luck to you!

Sukie in NY

Thank you for sharing your experience.

[llaz 232]

That written contract has practically no value to a CBP; can be prepared by anyone.. with no legal enforceability.

What he should do is to spend a decent amount of time in his country, visit you on occasion, and when face to face with the CBP officer, look him\her in the eye and just be plain honest. That credibility will be worth a lot more than a letter.

Whats considered a decent amount of time? He's been there since February, 7 months now, we are considering maybe him visiting after 9 months which would be October.

You have to remember we have seen it all, and often getting pertinent details is like pulling teeth. In this case you seem to know what the real issues are and chose not to mention them in your first post, which also raise suspicion.

His profile is what it is, he has nothing much at home and he has been staying in the US for significant periods, much longer than you would expect as a regular tourist.

Can he get in again, well the only way is to try, if he does he will get another 90 day stamp. Assuming he is honest and does not get in all he will lose is his VWP access.

Trust me, we are not trying to dupe the system. We just want to be able to spend time together, and since I do not get the freedom that he gets in regards to vacation time, its easier for him to visit me than for me to visit him (seriously, 6 months in Chile not having to work sounds like a grand ol'time in comparison to working over 40 hours a week, unfortunately, my finances do not allow me to do that, I make good money, but I also spend good money with the bills I do pay.)

So are you telling me that if he does not get in that wont cause harm to our K1 process?

[EM_Vandaveer 2,408]

If he loses his VWP access, he can still get a K-1.