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Posted

I am going to America at the end of November and I am planning to stay there for the 90 days my ESTA allows. This is more like a gap year for me, or graduation trip. I have a lot of friends here and relatives to visit. This is also an opportunity for me to look at potential companies I could work at. Thus, why I need quotes but if time. Of course I will be flying back to my home country before any plans of moving into the US. 

Is it possible to extend my stay for another 2 months by going out of the country and then applying for another ESTA and re-entering America? Will it be guaranteed? 

 

I have been to the US before, one for my student exchange, and twice my ESTA applications have been approved  over the past 2 years. 

 

Will it also be a problem of showing a return ticket that exceeds more than 90 days that my ESTA allows?

 

 

thanks!! 

Posted (edited)
13 minutes ago, Ariannakim said:

 

Is it possible to extend my stay for another 2 months by going out of the country

 

No. If you leave to Mexico or Canada, it does not reset the 90 day clock. You cannot extend a VWP entry (without adjusting status or similar).

You must leave (again, not to mexico or canada) and then try to re-enter again as an entirely new entry.

 

13 minutes ago, Ariannakim said:

and then applying for another ESTA and re-entering America?

 

An approved ESTA is valid for two years. You do not need to re-apply every time.

Entry with a valid ESTA is at the discretion of CBP at your POE.

 

13 minutes ago, Ariannakim said:

Will it be guaranteed? 

Nothing is guaranteed...especially with regards to US immigration. 

 

13 minutes ago, Ariannakim said:

Will it also be a problem of showing a return ticket that exceeds more than 90 days that my ESTA allows?

 

Not if you fancy a really short trip!

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted
3 minutes ago, mindthegap said:

 

An approved ESTA is valid for two years. You do not need to re-apply every time.

Entry with a valid ESTA is at the discretion of CBP at your POE.

Does this mean that once I leave the US, my 90 days resets? Because I have already spent 60 days this summer in America, so in my understanding I would have 30 days left. So I was thinking of applying for another ESTA to get back the 90 days again. 

 

Posted
5 minutes ago, Ariannakim said:

Does this mean that once I leave the US, my 90 days resets? Because I have already spent 60 days this summer in America, so in my understanding I would have 30 days left. So I was thinking of applying for another ESTA to get back the 90 days again. 

 

No. The ESTA approval allows you to board a plane without a visa. Nothing more. Once you arrive you request admission under the VWP (visa waiver program) for 90 days. This can be done as many times as you wish. But no entry is ever guaranteed. You must have a round-trip ticket to make use of the VWP. 

An approved ESTA application does not guarantee admission into the USA. Only American citizens are guaranteed admission. The rest must ask for permission and hope for the best.  

Returning again so soon after a 90-day stay is risky. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

To clarify, it's 90 days per visit. Not per year.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
Just now, JFH said:

Returning again so soon after a 90-day stay is risky. 

 

Especially after a 60 day stay just a few months prior....

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted
1 minute ago, mindthegap said:

 

Especially after a 60 day stay just a few months prior....

Indeed. So we are already at 150 days before we even think about the third trip. 

 

OP, don't be surprised if you are turned away due to suspected immigration intent.

 

Why spend all of your gap year in one place? Get out and see the world. If you want to spend a longer period here, look into a J-1 visa which is ideal for gap year people. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Citizen (apr) Country: Indonesia
Timeline
Posted
23 minutes ago, mindthegap said:

No. If you leave to Mexico or Canada, it does not reset the 90 day clock. You cannot extend a VWP entry (without adjusting status or similar).

You must leave (again, not to mexico or canada) and then try to re-enter again as an entirely new entry.

You also cannot go to a "nearby island" (i.e. a country in the Caribbean) to reset the 90 day clock. While I believe Central America is OK to reset the clock, I have a hunch it would raise some red flags when you tried to re-enter the USA.  

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

Posted
6 hours ago, JFH said:

Indeed. So we are already at 150 days before we even think about the third trip. 

 

OP, don't be surprised if you are turned away due to suspected immigration intent.

 

Why spend all of your gap year in one place? Get out and see the world. If you want to spend a longer period here, look into a J-1 visa which is ideal for gap year people. 

So coming back 4 months later after staying there for 2 months raises some flags ? 

 

Also, just to be sure, I do not need to re-apply for an ESTA right? I went back to my home  country in Germany, so that means instead of 30 days left, it re-clocks back to 90 days?

Posted

Yes, when you return you will have another 90 days.

 

Of course frequent trips raises red flags. Too much time in the US will jeopardize your ESTA. You could be denied entry and have your ESTA revoked. Plan accordingly.

 

And to confirm what others said, making trips to neighboring countries do not reset the clock.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
5 hours ago, NuestraUnion said:

Yes, when you return you will have another 90 days.

 

Of course frequent trips raises red flags. Too much time in the US will jeopardize your ESTA. You could be denied entry and have your ESTA revoked. Plan accordingly.

 

And to confirm what others said, making trips to neighboring countries do not reset the clock.

Hi Thanks for your comment. 

 

I have reconsidered my trip for my gap year. I was thinking of staying in the US for 2 weeks then to Canada for 2-3 weeks to visit other relatives. However, do I have to show the officers a returning ticket where I originally came from? I will be flying from Amsterdam as I am there for my graduation but after Canada I will be flying to Thailand because that is where my parents live, then travel some countries in South East Asia. (Note that i hold a German passport). 

My question is, is showing an outbound ticket of me leaving America to Canada good enough? Since this is all last minute I typically will book tickets a month or so prior to my departure. Or do I have the show  them all the tickets of my planned travel? 

Posted
58 minutes ago, Ariannakim said:

do I have to show the officers a returning ticket where I originally came from?

 

No. Return ticket or onward travel out of the US. It does not have to be back to your point of origin.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
2 hours ago, Ariannakim said:

My question is, is showing an outbound ticket of me leaving America to Canada good enough?

No. Unless you're a resident, outbound tickets to Canada, Mexico, Bermuda, or the Caribbean don't count - you'll need the onward flight to Thailand too.

Posted
1 minute ago, broppy said:

No. Unless you're a resident, outbound tickets to Canada, Mexico, Bermuda, or the Caribbean don't count - you'll need the onward flight to Thailand too.

So i would have to show tickets From Amsterdam to America --> America to Canada --> Canada to Thailand?

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
1 minute ago, Ariannakim said:

So i would have to show tickets From Amsterdam to America --> America to Canada --> Canada to Thailand?

Yup (or Canada to pretty much anywhere except Mexico/Bermuda/Caribbean). Or book yourself a return ticket from Amsterdam (within the 90 days), then make the rest of the travel bookings and throw away or cancel the return leg once you've left the US.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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