Multiple Shorter Entries within a year on ESTA/VWP

[Aussie_Mike 12]

Dear VJ Community,

 

I am planning to visit the USA roughly 6 times over the next 12 months for less 4 weeks each trip using the visa waiver program/ESTA. Should I anticipate problems? Should I plan to apply for a B-2?

 

A few facts:

• Early 30's, Male, Caucasian, Australian Citizen.
• Spent a lot time in the USA on L1, J1 and F1 visa's over the last 10 years. No visa over-stays. No criminal history, etc.
• My intent is spend time with my girlfriend whom I met while on my L1 visa. That job assignment ended in June 2017. We are considering engagement and K-1 in the next 6-12 months
• I continue to be employed as a professional by the same company. My current assignment has me working rotationally, spending 28 days at work in central asia, I then have the next 28 days off work.
• I had no issues arriving on ESTA on my first time off.
• I have documentation and evidence in my passport of my continued employment and plans to leave (e.g. flights back to work in central asia)

 

I am concerned that my planned multiple entries dont fit most tourists patterns. Equally, applying for a B1/B2 also opens myself up for explaining why I intend to visit the USA frequently, and concerns we may marry on the wrong visa type (which we obviously wont do).

 

Any thoughts would be helpful, thanks.

[Jordan8768 107]

2 minutes ago, Aussie_Mike said:

Dear VJ Community,

 

I am planning to visit the USA roughly 6 times over the next 12 months for less 4 weeks each trip using the visa waiver program/ESTA. Should I anticipate problems? Should I plan to apply for a B-2?

 

A few facts:

• Early 30's, Male, Caucasian, Australian Citizen.
• Spent a lot time in the USA on L1, J1 and F1 visa's over the last 10 years. No visa over-stays. No criminal history, etc.
• My intent is spend time with my girlfriend whom I met while on my L1 visa. That job assignment ended in June 2017. We are considering engagement and K-1 in the next 6-12 months
• I continue to be employed as a professional by the same company. My current assignment has me working rotationally, spending 28 days at work in central asia, I then have the next 28 days off work.
• I had no issues arriving on ESTA on my first time off.
• I have documentation and evidence in my passport of my continued employment and plans to leave (e.g. flights back to work in central asia)

 

I am concerned that my planned multiple entries dont fit most tourists patterns. Equally, applying for a B1/B2 also opens myself up for explaining why I intend to visit the USA frequently, and concerns we may marry on the wrong visa type (which we obviously wont do).

 

Any thoughts would be helpful, thanks.

You should be fine. I came on the VWP around 11 times in a 3 year spell and they never questioned it once. You just have to be honest with them and bring proof of your employment and ties back to your country and you will be fine. 

[Aussie_Mike 12]

Thanks Jordan. Can you elaborate on "ties to your home country" Given I legally resided in the USA for the last 3 years, and my new job has me working 50% of the time internationally I am concerned that this may be tough to demonstrate. Thoughts?

 

I have got proof of Australian private health insurance, Australian drivers license, proof of electoral enrolment. Do you think that is sufficient?

[Jordan8768 107]

9 minutes ago, Aussie_Mike said:

Thanks Jordan. Can you elaborate on "ties to your home country" Given I legally resided in the USA for the last 3 years, and my new job has me working 50% of the time internationally I am concerned that this may be tough to demonstrate. Thoughts?

 

I have got proof of Australian private health insurance, Australian drivers license, proof of electoral enrolment. Do you think that is sufficient?

That should be sufficient. I mean, honestly, my ties to home were just me verbally confirming I had a job to return to as well as a ticket to leave

[Crazy Cat 39,219]

28 minutes ago, Aussie_Mike said:

Dear VJ Community,

 

I am planning to visit the USA roughly 6 times over the next 12 months for less 4 weeks each trip using the visa waiver program/ESTA. Should I anticipate problems? Should I plan to apply for a B-2?

 

A few facts:

• Early 30's, Male, Caucasian, Australian Citizen.
• Spent a lot time in the USA on L1, J1 and F1 visa's over the last 10 years. No visa over-stays. No criminal history, etc.
• My intent is spend time with my girlfriend whom I met while on my L1 visa. That job assignment ended in June 2017. We are considering engagement and K-1 in the next 6-12 months
• I continue to be employed as a professional by the same company. My current assignment has me working rotationally, spending 28 days at work in central asia, I then have the next 28 days off work.
• I had no issues arriving on ESTA on my first time off.
• I have documentation and evidence in my passport of my continued employment and plans to leave (e.g. flights back to work in central asia)

 

I am concerned that my planned multiple entries dont fit most tourists patterns. Equally, applying for a B1/B2 also opens myself up for explaining why I intend to visit the USA frequently, and concerns we may marry on the wrong visa type (which we obviously wont do).

 

Any thoughts would be helpful, thanks.

Personally, I think you can expect a lot of questions........and I'm curious......why are you concerned about explaining your intent to "visit" frequently?? A reasonable person could think you are actually trying to live in the US.....

Edited July 21, 2017 by missileman

[Cyberfx1024 7,978]

36 minutes ago, Aussie_Mike said:

Dear VJ Community,

 

I am planning to visit the USA roughly 6 times over the next 12 months for less 4 weeks each trip using the visa waiver program/ESTA. Should I anticipate problems? Should I plan to apply for a B-2?

 

A few facts:

• Early 30's, Male, Caucasian, Australian Citizen.
• Spent a lot time in the USA on L1, J1 and F1 visa's over the last 10 years. No visa over-stays. No criminal history, etc.
• My intent is spend time with my girlfriend whom I met while on my L1 visa. That job assignment ended in June 2017. We are considering engagement and K-1 in the next 6-12 months
• I continue to be employed as a professional by the same company. My current assignment has me working rotationally, spending 28 days at work in central asia, I then have the next 28 days off work.
• I had no issues arriving on ESTA on my first time off.
• I have documentation and evidence in my passport of my continued employment and plans to leave (e.g. flights back to work in central asia)

 

I am concerned that my planned multiple entries dont fit most tourists patterns. Equally, applying for a B1/B2 also opens myself up for explaining why I intend to visit the USA frequently, and concerns we may marry on the wrong visa type (which we obviously wont do).

 

Any thoughts would be helpful, thanks.

I think this may work for a couple visits but after about 2-3 "visits" of basically you living in this country then I can see them having a problem with it and you will be put in secondary and possible not allowed into the country. Any immigration official will look at your times coming and going then get curious about everything. So be prepared to be put in secondary at the very least in order to explain your frequent visits to the country especially coming from a Central Asian country. 

 

Also once you explain that you are seeing your gf then I can expect you to not be let in because they might believe that you will marry during one visit and not leave. 

[Aussie_Mike 12]

5 minutes ago, missileman said:

Personally, I think you can expect a lot of questions........and I'm curious......why are you concerned about explaining your intent to "visit" frequently?? A reasonable person could think you are actually trying to live in the US.....

You highlight the concern I have and the thoughts/experiences I was hoping to get from the VJ community. While my intent is to visit my girl friend on my time off, and only for a limited period of time until we are ready for engagement. The question then becomes, at what point does it look this way, and what are steps I can take to manage these questions at the border or consulate. Obviously my aim here is to do the right thing and stay within the law.

[Coco8 1,039]

I am guessing that you work full-time and because they make you travel a lot they give you free time to compensate for the travel. If so, you can ask your employer to write you a letter saying you work full-time for them and that you have a lot of holidays due to the extensive travel you do for them. I think a letter from your job would be better because this:

 

43 minutes ago, Aussie_Mike said:

I have documentation and evidence in my passport of my continued employment and plans to leave (e.g. flights back to work in central asia)

 

This could bite you in the behind because basically you would be showing them that you don't live in Australia (you travel all over Asia) and you spend all your free time in the US! That sounds more like living in the US and traveling for work to me. So you cannot really use all your time away from Asia to be in the US. I'm mentioning this because you basically want to spend 6 months out of 12 in the US and the rest of the time you'd be traveling in Asia rather than in Australia. 

 

If you always travel to the US from a country another than Australia, that could look odd. 

 

People using VWP say that you have to spend out of the US at least as much time as you spent in the US. 

 

 

 

Edited July 21, 2017 by Coco8

[Crazy Cat 39,219]

4 minutes ago, Aussie_Mike said:

You highlight the concern I have and the thoughts/experiences I was hoping to get from the VJ community. While my intent is to visit my girl friend on my time off, and only for a limited period of time until we are ready for engagement. The question then becomes, at what point does it look this way, and what are steps I can take to manage these questions at the border or consulate. Obviously my aim here is to do the right thing and stay within the law.

1.  Previous residence in US

2.  Plan for 6 "visits" in next 12 months when not working

3.  Girl Friend in US.

That smells like "residing" in the US between jobs.

It looks that way now, to me.

 

You could easily be denied entry at any time, in my opinion.

Edited July 21, 2017 by missileman

[Aussie_Mike 12]

1 minute ago, missileman said:

1.  Previous residence in US

2.  Plan for 6 "visits" in next 12 months when not working

3.  Girl Friend in US.

That smells like "residing" in the US between jobs.

It looks that way now, to me.

Thanks. Do you have any thoughts or strategies that could work so that I can continue to visit my girlfriend?

[Coco8 1,039]

 

Just now, Aussie_Mike said:

Thanks. Do you have any thoughts or strategies that could work so that I can continue to visit my girlfriend?

Cut down your travel to 3 visits and see if your girlfriend can visit you in Australia once, maybe she can go during the December holidays.

[Aussie_Mike 12]

12 minutes ago, Coco8 said:

 

Cut down your travel to 3 visits and see if your girlfriend can visit you in Australia once, maybe she can go during the December holidays.

1. Would shorter stays, of the same frequency (up to 6 in the next 12 months), where I flew in and out from Australia help?
2. Would applying for a B-2 be helpful, carry a reasonable chance of success? 
3. Am I likely to get clear guidance from an immigration attorney, or will their advice be attorney to attorney dependent.

 

If this were the Shengen arrangement, it would be clearer and an OK strategy <sigh>

 

Edited July 21, 2017 by Aussie_Mike

[Crazy Cat 39,219]

12 minutes ago, Aussie_Mike said:

1. Would shorter stays, of the same frequency (up to 6 in the next 12 months), where I flew in and out from Australia help?
2. Would applying for a B-2 be helpful, carry a reasonable chance of success? 
3. Am I likely to get clear guidance from an immigration attorney, or will their advice be attorney to attorney dependent.

 

If this were the Shengen arrangement, it would be clearer and an OK strategy <sigh>

 

It's really difficult to determine how many visits will trigger an entry denial.  I found this from an immigration attorney in 2009:

Visitors: How Often Is Too Often?

Deborah from the UK just submitted a wonderful question to the blog, which gets at a very important set of concepts one must understand about the rules for visiting the US.  While the question is about entering on the Waiver Program (for nationals of countries that do not need a B-2 visa to visit the US), the answer applies equally to visitors who have obtained B-2 visas in their countries.

The question, how often can one come to the US as a visitor, and how long can one stay, plus the answer, after the jump.

Deborah’s question is:

Hi. I am a UK citizen and regular visitor to the US for vacation purposes.  I am about to have more free time (wonderful!) and would like to spend more time in the States – say 3 months at a time twice a year.  Can I do this under the Visa Waiver program? Noting the VWP is OK for trips up to a max of 90 i days, is this a limit per trip or a cumulative number over a period of, say, a year?

There is no one answer to this question, but it does illustrate the tension between two principles that apply to visitor entry applications.

The first principle is that the United States wants to encourage tourism and visits from other countries, so there is no hard-and-fast or bright-line rule for how many times a person may use the Visa Waiver Program, or a visitor’s visa, in a single year.  Depending on the person’s situation, two trips in a year may be “too many,” or seven trips in a year may be fine.

The second principle is that each time a person comes to the United States as a visitor, the Immigration Inspector must be able to determine that the person is, indeed, “just visiting” — that is, that the person maintains their residence (their “principal place of abode,” as we say) in another country, and that the purpose, duration and frequency of trips to the United States is consistent with the fact that the person lives abroad.

What kinds of facts will determine how often is “too often”?  Well, for example, if a person has few personal or career ties to the home country, then the chances are higher that entry as a visitor will be denied.  So, for example, a university student who has two long vacation periods in her school terms and comes to the US during those breaks would have a lower chance of refusal than an unemployed recent graduate (who has plenty of time to visit, but no particular reason to return home).  Similarly, a person who came twice in one year and stayed one month each time, with six months between them, is much less likely to have a problem than someone who came twice in one year, but stayed for three months, left for one week and is now returning the second time after almost no time at home.

At the end of the day, the Immigration Inspector is assessing each visitor’s honesty and reliability when interviewing him or her, as well as looking at any evidence they have brought with them of the purpose of their trip, and the immigration service’s own records of the person’s travels in and out.  Whatever the reason for a person’s trips, therefore, honesty is always the best policy.

Visitor’s entries are the most common kind of entries to the United States, and can often be quick and easy.  There are important limits, though, as I’ve discussed in this post, and so prospective visitors should be sure that they are not entering so often that they have abandoned their residence overseas.

[Cyberfx1024 7,978]

25 minutes ago, Aussie_Mike said:

Thanks. Do you have any thoughts or strategies that could work so that I can continue to visit my girlfriend?

Have her come see you instead. 

 

It looks like to me that your employer using you for work in a unnamed central asian country but they do not want to pay for a work visa there for you. So that is why the 28 days there and the 28 days out of that country.

[Aussie_Mike 12]

1 minute ago, cyberfx1024 said:

Have her come see you instead. 

 

It looks like to me that your employer using you for work in a unnamed central asian country but they do not want to pay for a work visa there for you. So that is why the 28 days there and the 28 days out of that country.

Unnamed Country is Kazakhstan where I am on a designated multiple entry work visa. My employer is a global US based energy company and would not risk the reputational loss from visa fraud in the USA or anywhere. My documentation is clear about the nature of my job, its conditions and pay. Nothing about my information I am providing is intending to hide anything. Genuinely a professional engineer who has been employed by this company to work around the world for the last 8 years AND I am getting ready to buy a ring.

 

Girlfriend is in med school with limited time off

 

It sounds like at a minimum flying back to Australia and spending some time there on my 28 days off would be helpful in showing that? No?

 

Does anyone have experience in a similar situation of being denied entry without warning signs ahead of time?