Pushing luck with VWP?

[DBR 36]

Hi All, 

 

My situation is as follows....

 

I recently spent 87 days in the US on the VWP with my fiance, we were planning on having the K1 visa all approved by the end of February (no way that's happening now) and made plans to visit her family in Pittsburgh around the end of March. These plans are still going ahead however it will have only been 70 days since I last left the US, although I will only be visiting for around 5 nights this trip.... Am I right to be concerned about the possibility of getting sent back home due to the lengthy previous visit, or has anyone done this before and had no issues?

 

[Ben&Zian 4,398]

While not entirely familiar with the VWP, it has been my understanding it is always recommended to remain out of the US twice as long as you stayed... so if stayed 60 days, stay outside the US for 120 days before attempting to come back; but I am sure that people have come back sooner like you are intending with no issues. It is always subject to the immigrations when you get here whether to permit you or not. 

[Scandi 4,166]

There are tons of people who have done it before. Some were let in by CBP, some weren't. No one can give you a more exact answer than that, it's all up to the CBP officer you end up with at POE.

[Boiler 45,534]

2 hours ago, Scandi said:

There are tons of people who have done it before. Some were let in by CBP, some weren't. No one can give you a more exact answer than that, it's all up to the CBP officer you end up with at POE.

Agree

 

Take plenty of evidence your ties to be shown if asked.

[JoannaV 174]

Most likely perfectly fine. Returning after 70 days for a very quick trip? Most likely A-OK. Just the normal caveat that there are no guarantees.
Back when I was visiting my boyfriend/fiance/husband I spent about 190 days in the US over the course of 10 months. Not promoting this as something likely to succeed but rather as an opposing example to the idea that "VWP always needs to follow xyz time rule".

[acidrain 325]

It may prompt closer scrutiny and raise questions as to how you are able to spend so much time in the US. With such a short visit this time around I would be surprised if they denied you. But as others have said it's all the luck of the draw.