re-entering on VWP

[Silvia Marie 37]

Hello everybody,

 

I am German and stayed on VWP in the US from 10/07/2016 to 01/03/2017 so thats 89 days and I did not overstay.

It was my 1st visit to the US and I actually got in secondary inspection at the PoE (Chicago) when I came over but was finally allowed in for 90 days on VWP. 

IO asked me the reason for my stay and I said pleasure, visiting friends, they actually searched my phone and scared the out of me (excuse my language).

 

Now I wanna come back asap, still as a tourist and of course leave again after my holiday but I am really scared they won`t let me enter.

 

What do you think on this? Do I have a fair chance of beeing admitted?

[Kastrs 723]

There is a chance you will be denied as the VWP is for visiting not living, you say you want to come back ASAP but you have hardly spent any time out of the country

At a minimum, expect a long inspection at the airport

[Brit1 54]

The general rule is to spend as much time out of the country as you do inside. So maybe try to visit again in April.

[az2014 381]

So after spending nearly 3 months in the US, you have been out for 2 weeks, and have to ask whether everything will be fine, after you already got questioned the first time?

 

What do you think??

[Silvia Marie 37]

8 minutes ago, az2014 said:

So after spending nearly 3 months in the US, you have been out for 2 weeks, and have to ask whether everything will be fine, after you already got questioned the first time?

 

What do you think??

 

Uhm your answer doesn`t help at all!

There is no law saying that I am not allowed on VWP to re-enter, it is up to the IO though and I did not say that I want to go back immediatley, I said asap.

 

I have been working all my life and saved some money and after I got sick I am off work now for a year so what`s wrong with spending my money in the US?

[Penguin_ie 5,984]

As mentioned, a rule of thumb is to spend as much time outside than in. That is not a strict policy (I got in once with only 5 days inbetwen, but I only stayed three days either side), but it helps getting admitance.

 

If you want to try, be sure to bring lots of evidence of ties to home, and proof you can financially support yourself in the USA and will not work.  Also, be prepared to get less than 3 months this time, and likely not be let back in for half a year or more IF you are let in this time.

[Silvia Marie 37]

2 minutes ago, Penguin_ie said:

As mentioned, a rule of thumb is to spend as much time outside than in. That is not a strict policy (I got in once with only 5 days inbetwen, but I only stayed three days either side), but it helps getting admitance.

 

If you want to try, be sure to bring lots of evidence of ties to home, and proof you can financially support yourself in the USA and will not work.  Also, be prepared to get less than 3 months this time, and likely not be let back in for half a year or more IF you are let in this time.

 

Thank you very much! That is an answer I can absolutely work with.

[DaveNot 55]

I spent 89 days, left and returned 2 weeks later and spent another 89 days. I also missed two flights in that time frame because i didn't want to leave. I had no issues, but that was me. I don't think you need to worry much. I took a NOA with me just in case.

[KierenHby 897]

5 hours ago, Silvia Marie said:

I have been working all my life and saved some money and after I got sick I am off work now for a year so what`s wrong with spending my money in the US?

You'll have to ask CBP on your next POE. 

As others pointed out, it's best to spend some time outside the US before returning, though CBP is the final adjucant. 

[Transborderwife 4,666]

Cbp is very conscious of legal presence and just how much time is spent in the USA.  More than 120 days a year and you're required to file taxes.  Because of this, many snowbirds are changing their length of stay often going home for Christmas for a few weeks and returning.

Edited January 17, 2017 by Transborderwife

[Dutchster 1,106]

It really depends on the CBP officer. Two years ago I visited my then-boyfriend in March for a week and mid-April again for two and a half weeks, I thought there was nothing wrong with it. If you have the money, time and such. Apparently the CBP officer I had thought I was returning too soon, was questioned for five minutes at his booth before he put everything in a plastic sheet and send me to Secondary. Been in secondary for about thirty minutes before it was all cleared. (No phone search or scary things but they did contact my then-boyfriend)

Bring strong ties from home -like lease contracts, bank statements, anything that shows you are still paying your stuff in Germany- with you if you want to go asap again. It's a wild guess since you've been in secondary once already.

Edited January 17, 2017 by Dutchster

[Hypnos 6,576]

I'd say 50-50 on being admitted or turned around and put on the next flight back. 

[f f 725]

13 hours ago, Penguin_ie said:

Also, be prepared to get less than 3 months this time, and likely not be let back in for half a year or more IF you are let in this time.

they either admit you for 90 days or not at all on vwp and there is no option to extend your visit. also keep in mind if they deny you entry on vwp you lose the right to use vwp in the future and will have to apply for a b visa.

[Penguin_ie 5,984]

6 minutes ago, f f said:

they either admit you for 90 days or not at all on vwp and there is no option to extend your visit. 

 

I agree there is no option to extend, but there IS the possibility of being given less than 90 days at the border.  This happened to myself and other frequent VWP travellers several times. 

[Boiler 43,429]

15 hours ago, Penguin_ie said:

As mentioned, a rule of thumb is to spend as much time outside than in. That is not a strict policy (I got in once with only 5 days inbetwen, but I only stayed three days either side), but it helps getting admitance.

 

If you want to try, be sure to bring lots of evidence of ties to home, and proof you can financially support yourself in the USA and will not work.  Also, be prepared to get less than 3 months this time, and likely not be let back in for half a year or more IF you are let in this time.

VWP is 90 days or nothing.