ESTA - period of time between the two trips

[Danio940 0]

Hello! Do you know if there is a minimum period of time that you need to be outside the US between one ESTA stay and another? For example, it possible to re-enter the ESTA after staying in the USA for 2 months and returning to your home country for 2 weeks? Maybe someone was in a similar situation?  

[Mike E 11,739]

1 minute ago, Danio940 said:

Hello! Do you know if there is a minimum period of time that you need to be outside the US between one ESTA stay and another? For example, it possible to re-enter the ESTA after staying in the USA for 2 months and returning to your home country for 2 weeks? Maybe someone was in a similar situation?  

That pattern of travel is high risk and will put your ESTA privilege at risk. 
 

Why are you spending the majority of your time in the U.S.?  

[Danio940 0]

2 minutes ago, Mike E said:

That pattern of travel is high risk and will put your ESTA privilege at risk. 
 

Why are you spending the majority of your time in the U.S.?  

I wanted to spend a few months with my husband (he’s American) before his deployment. I’m waiting for my CR1 visa, we applied for it in March. Do you know how long should the gap between the entries be?

[Mike E 11,739]

57 minutes ago, Danio940 said:

Do you know how long should the gap between the entries be?

The gaps across all trips should be such that between the beginning of the first trip to U.S. and the end of the last trip to the U.S., more days are spent outside the U.S. than inside the U.S.  

 

In addition, spend N days in the U.S., do not come back for at least N+1 days. 

 

Some people on visa journey recommend a ratio of days outside to days inside to be  at least 2 to 1. So spend N days in the U.S., do not come back for at least 2 * N days. 
 

That your husband has filed I-130 will elevate the risk of denial of entry or worse. 

[Dashinka 24,417]

I agree with @Mike E.  There is no set in stone requirement from USCIS, DHS, or CBP, but the general rule of thumb is more time outside the US than inside between trips.

 

Btw, did you look at trying to expedite the spousal visa application due to the military deployment?

 

Good Luck!

[SalishSea 17,753]

10 hours ago, Danio940 said:

Hello! Do you know if there is a minimum period of time that you need to be outside the US between one ESTA stay and another? For example, it possible to re-enter the ESTA after staying in the USA for 2 months and returning to your home country for 2 weeks? Maybe someone was in a similar situation?  

The ESTA is not for living in the US.  

[Danio940 0]

2 hours ago, SalishSea said:

The ESTA is not for living in the US.  

Yes, I know. My purpose is travelling and visiting family before they leave to another country.

[SalishSea 17,753]

33 minutes ago, Danio940 said:

Yes, I know. My purpose is travelling and visiting family before they leave to another country.

My point is that most people do not have the type of lifestyle where they can spend more time in the US than out.   This will raise suspicions and your ESTA privilege may be removed.   We see this often here on VJ.

[beloved_dingo 1,976]

Agreed with others, returning in 2 weeks after 2 month visit will not look good (especially when you're planning to stay even longer than last time). You risk being denied entry and losing ESTA as an option.

 

How long before your spouse is deployed? 

Edited June 21, 2023 by beloved_dingo

[Boiler 45,360]

You could be waived through

 

You could be sent to secondary then let in

 

You could be sent to secondary and your application for entry revoked and sent back

 

I do not know which category you will fit in, sometimes they are more generous when the Military is involved.

 

 

[SalishSea 17,753]

6 hours ago, Boiler said:

You could be waived through

 

You could be sent to secondary then let in

 

You could be sent to secondary and your application for entry revoked and sent back

 

I do not know which category you will fit in, sometimes they are more generous when the Military is involved.

 

 

Good point, they would have no way of knowing that OP is married to a service member - maybe to her advantage to mention?

[Redro 4,611]

On 6/21/2023 at 2:48 PM, Danio940 said:

Yes, I know. My purpose is travelling and visiting family before they leave to another country.

Where will your husband be deployed? Are you on his orders? Do you plan on living in the US after you receive your visa or living with your husband?

You should investigate expediting the I-130 and then maybe expediting citizenship, too. Depending on your future plans. 

[Danio940 0]

20 hours ago, Redro said:

Where will your husband be deployed? Are you on his orders? Do you plan on living in the US after you receive your visa or living with your husband?

You should investigate expediting the I-130 and then maybe expediting citizenship, too. Depending on your future plans. 

Thanks for your comment! Unfortunately from what I read a deployment is not a reason for expediting the I-130, only a permanent change of station... but maybe someone here had different experiences?

[Boiler 45,360]

4 minutes ago, Danio940 said:

Thanks for your comment! Unfortunately from what I read a deployment is not a reason for expediting the I-130, only a permanent change of station... but maybe someone here had different experiences?

Free to try.