ESTA/VWP how long between visits?

[llaz 232]

My fiancee wants to come visit me here in the US in October. We have not sent our K1 package yet, and probably wont until late October rolls around. He is from Chile and both him and I are very nervous about him coming back to attempt to visit me. He doesn't speak a whole lot of English and had a heck of a time trying to get back in the second time he came. Below its laid out the times he came to visit me.

He's visited me the following times, both times POE was Chicago.

1. Late July 2015 - Early Oct 2015

No issues at all, welcome to the US!

2. Late Nov 2015 - Mid Feb 2016
Many, many, many issues, the officer accused him of working in the US. I think he was accused because he said he came with $100 and that his sister would be sending him more and forgot that I had written him an invitation letter explaining that I would be financially responsible for him.

I visited him in Chile...

Early Nov 2015 - Late Nov 2015

Mid Feb 2016 - Mid July 2016

Does anyone have any advice? Since he's been gone for over 6 months now do you think he'll have the same issues he had as last time getting in? What happens if they dont let him in? Does that count as "deportation" or just "denial of entry"? How might that have an effect on our k1 visa process?

[Boiler 43,436]

How long is he coming for?

[llaz 232]

How long is he coming for?

Not quite sure, we haven't bought him the ticket quite yet. We want to sort of weigh our risks/options before he gets on a plane. He's talking a month to three months.

[EM_Vandaveer 2,369]

The reason he had trouble on the second trip is most likely that he was only outside the US for month and a half.

[az2014 381]

He came back the second time too soon after his first, no surprises he was grilled at the POE.

He should spend at least the same time out of the US as he did in.

[Boiler 43,436]

What does he do that gives him so much vacation?

[llaz 232]

What does he do that gives him so much vacation?

He has his own business and works for his sister too. Plus I have a very good job that allows enough income for both him and I plus I have free housing.

[JFH 12,189]

There is no magic number of days or weeks between visits or for the length of visits that will guarantee admittance. Even an ESTA approval or a visa is no guarantee of admittance. Only US citizens can be assured of that.

An invitation letter from you is more of a hindrance than a help. If all he had was 100 bucks and his sister was sending money it doesn't look good. A love interest in the country always makes it more difficult to convince the CBP officer that you are just visiting and will return. Every visitor must overcome the assumption that they are intending to immigrate illegally. Spouses and partners of USCs are considered the most likely to do this.

The VWP is a valuable privilege for a chosen few nationalities to visit. It's not for living in the USA in installments. If you're spending more time in than out in any 12-month period, you are effectively using it to live in the USA.

Who runs the business while he spends so much time with you?

[llaz 232]

There is no magic number of days or weeks between visits or for the length of visits that will guarantee admittance. Even an ESTA approval or a visa is no guarantee of admittance. Only US citizens can be assured of that.

An invitation letter from you is more of a hindrance than a help. If all he had was 100 bucks and his sister was sending money it doesn't look good. A love interest in the country always makes it more difficult to convince the CBP officer that you are just visiting and will return. Every visitor must overcome the assumption that they are intending to immigrate illegally. Spouses and partners of USCs are considered the most likely to do this.

The VWP is a valuable privilege for a chosen few nationalities to visit. It's not for living in the USA in installments. If you're spending more time in than out in any 12-month period, you are effectively using it to live in the USA.

Who runs the business while he spends so much time with you?

Thank you for your response I understand the general idea of admittance into the US under a tourist visa or VWP and that he must overcome the assumption that he is intending to immigrate illegally. My question is more looking for peoples experiences rather than cold hard facts since those I already know.

What I am curious in regard to your response is, how is an invitation letter from me more of a hinderance than a help? Especially if it is stating that I am going to be financially responsible for him while he is traveling to visit me?

Also, why do I feel like Boiler and yourself are grilling me about this small business he has? What does his business and the questions you and Boiler are asking (who runs the business, what does he do that gives him so much vacation) have anything to do with my original questions? If you believe that these questions have something pertaining to my OP then by all means please explain away as to how they may pertain and I will be happy to answer them. Also, regarding the business please understand that in Chile (a third world country) things I'm sure work much differently than in Wales or the UK in regards to vacation time, pay, opening and closing times and time off etc. Culturally, they are much more willing to spend time with family and friends than work a 40 hour, 9 - 5 job, in which most people do not even do in Chile.

Edited August 30, 2016 by llaz

[Boiler 43,436]

He has his business, he works for his sister, why does he need you or anybody else to be financially responsible for him?

[llaz 232]

He has his business, he works for his sister, why does he need you or anybody else to be financially responsible for him?

Because its a small business and just like any other small business some months are great and some months are not so great especially when you are talking about a difference in income when it comes to summer and winter months. Plus his sister business is also a small business and she works with gardening and plants and my fiancees small business works with his sisters small business because he does welding and woodwork.

So sometimes I do financially support him because sometimes during winter business doesn't go so great.

[Penguin_ie 5,986]

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.

[Boiler 43,436]

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

[az2014 381]

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

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

[JFH 12,189]

Thank you for your response I understand the general idea of admittance into the US under a tourist visa or VWP and that he must overcome the assumption that he is intending to immigrate illegally. My question is more looking for peoples experiences rather than cold hard facts since those I already know.

What I am curious in regard to your response is, how is an invitation letter from me more of a hinderance than a help? Especially if it is stating that I am going to be financially responsible for him while he is traveling to visit me?

Also, why do I feel like Boiler and yourself are grilling me about this small business he has? What does his business and the questions you and Boiler are asking (who runs the business, what does he do that gives him so much vacation) have anything to do with my original questions? If you believe that these questions have something pertaining to my OP then by all means please explain away as to how they may pertain and I will be happy to answer them. Also, regarding the business please understand that in Chile (a third world country) things I'm sure work much differently than in Wales or the UK in regards to vacation time, pay, opening and closing times and time off etc. Culturally, they are much more willing to spend time with family and friends than work a 40 hour, 9 - 5 job, in which most people do not even do in Chile.

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.