ESTA Entering repeatedly

[DaveNot 55]

I have made a recent trip to DC and spent 89 days there with my Fiancee and returned home (june-sep). I am planning to make a return trip in 2 weeks and spend another 80 odd days there. This is so we can spend as much time as possible together whilst the K1 application is being processed. The time difference since my return and flying out again soon is roughly 21 days.

I am wondering if I should take additional documentation and keep it at hand to show I have ties in the UK? I Am also wondering if I am to expect hassel at the boarder and potentially be denied entry? Does anybody have any advice regarding this situation please?

[canadian_wife 1,791]

You are essentially asking to spent 6 months in the US out of 7 correct? I assume that the CBP will ask for ties to the UK, such as what sort of job allows for such generous time out of the county

good luck

[DaveNot 55]

Makes perfect sense, but could provide evidence for such, which isn't an issue. I am really just wondering what to expect.

You are essentially asking to spent 6 months in the US out of 7 correct? I assume that the CBP will ask for ties to the UK, such as what sort of job allows for such generous time out of the county

good luck

Edited September 20, 2014 by DaveNot

[Hypnos 6,576]

Given you have only been outside the US for three weeks before attempting another entry on the VWP, it's possible CBP will think you are attempting to live in the US on a tourist visa, rather than being a genuine tourist.

You should carry a copy of the I-129F NOA showing you have a K-1 in-process, together with any evidence you can show that would necessitate your return to the UK at the end of your trip. It's still possible you may be denied entry, but those documents will give you your best chance.

[DaveNot 55]

How do you propose I should approach that? I'm reading conflicting information regarding this. Some are stating all is fine, "be honest and just carry formal documents at hand", and others are stating it's pretty much a no win situation. I understand personal perspective, but I imagine my case isn't rare, so I'd also expect somebody being in my position before.

My idea for this approach is to simply state the truth and answer all questions as I've always done so without any concern in my mind that I will be denied (not more than asked).

I really don't know if I'm panicing for an unjustified reason, or actually have a feasible one to panic. ARG!

Given you have only been outside the US for three weeks before attempting another entry on the VWP, it's possible CBP will think you are attempting to live in the US on a tourist visa, rather than being a genuine tourist.

You should carry a copy of the I-129F NOA showing you have a K-1 in-process, together with any evidence you can show that would necessitate your return to the UK at the end of your trip. It's still possible you may be denied entry, but those documents will give you your best chance.

[Penguin_ie 5,985]

You'll be wanting to show significant savings, or other reasons of how you can spend 6 months in the USA almost continuously, without having to work there.

[Hypnos 6,576]

One of two things is likely to happen:

(i) they wave you through without even a word about it.

(ii) they notice how much time you've spent in the US recently and send you to Secondary about it.

I think ultimately they will probably let you in - even if you get sent to Secondary - but they will want to proof you will return and to know how you are supporting yourself in the US without working.

The chances of you getting denied entry and put on the next plane back are, I think, minimal, but the possibility exists.

Edited September 21, 2014 by Hypnos

[Boiler 43,433]

You tend to read about people who have issues, probably more do not but you never hear from them.

[Ketsuban 1,034]

If you're in the US for 180 days in a year, you have to file taxes there on your income. Something else to think about!

[landr 126]

Only a three-week break between substantial visits is very likely going to trigger alarm bells.

As others have said, bring documents to show that you have a K-1 in progress and ties to the UK, e.g., rental agreement, etc. Make sure you have a return ticket booked and can demonstrate that you can support yourself financially during your stay.

I used to visit about twice a year and stay 2-5 weeks, with 5-8 months between visits. With each visit, the questions became more probing, but I've never had to show my documents - though I brought them anyway, just in case. Your experience will depend on the CBP officer processing you at the desk, so the likelihood of being able to get through is anyone's guess. My experience tells me that you'll probably be okay, but as previously mentioned, the possibility of a denial of entry is still there. I would definitely not chance a third visit while you are waiting for your K-1.

[Hotter Otter 1,211]

Fully agree that a lot of it depends on the CBP officer you get, some of them are a lot stricter than others and it's hard to predict for that reason. I had no hassle for a visit of over a month and lots of questions over a mere two week visit! Anecdotally from this forum there's a fair chance you will get put into secondary with two long visits so close together but you might not have any issues.Good luck with whatever you decide to do.

Edited September 21, 2014 by Hotter Otter

[cathy2904 97]

I did a similar thing to what you are proposing although we were not yet in the process of applying for a visa. My first stay was only about 56 days and my intended second stay was about 60 days. There was about a month in between the two visits. I was taken into secondary and waited for about two hours before I was seen. When I was questioned the main issue seemed to be that they could not see a return flight in their system. When I showed them that they let me through but told me that I would not be allowed in again without a proper visa. We got married on that trip and applied for the CR1; I went home as planned and did not try to visit again!

It's up to the officer you see on the day so no one can give you a guarantee, but I think that you will most likely be allowed in,maybe with a warning. The fact that you can show that you are in the process of applying for a visa should help.