Multiple Shorter Entries within a year on ESTA/VWP

[Coco8 1,039]

28 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>

 

 

1. I think that it is better to have less entries for longer stays that more entries. That is from the simply reason that less entries mean less encounters with immigration at the POE and less probability of getting someone suspicious. Also, less entries mean you allow for more time between your entries. More time between entries is better. So rather than 6 entries 1-2-3-4-5-6, have 3 entries at times 2-4-6 for example. 

 

2- People that request a B2 when they can travel for VWP get denied. You don't have a good reason for requesting the B2 either because it is not the case that you want to do 1 long trip or something. If they deny B2 than you cannot use VWP for like 6 months or more.

 

3. Immigration attorney usually give dumb guidance. There are a lot of people on VJ that got the wrong advice and now they are paying for the consequences. The issue is that there is no statistical data to base decisions on. Attorneys can say whatever they want but there is no attorney representation at POE, there is total bureaucratic discretion so you have to be careful

 

 

 

[Aussie_Mike 12]

3 minutes ago, Coco8 said:

 

1. I think that it is better to have less entries for longer stays that more entries. That is from the simply reason that less entries mean less encounters with immigration at the POE and less probability of getting someone suspicious. Also, less entries mean you allow for more time between your entries. More time between entries is better. So rather than 6 entries 1-2-3-4-5-6, have 3 entries at times 2-4-6 for example. 

 

2- People that request a B2 when they can travel for VWP get denied. You don't have a good reason for requesting the B2 either because it is not the case that you want to do 1 long trip or something. If they deny B2 than you cannot use VWP for like 6 months or more.

 

3. Immigration attorney usually give dumb guidance. There are a lot of people on VJ that got the wrong advice and now they are paying for the consequences. The issue is that there is no statistical data to base decisions on. Attorneys can say whatever they want but there is no attorney representation at POE, there is total bureaucratic discretion so you have to be careful

 

 

 

Sounds like the best strategy is to decide if we are going to get engaged sooner rather than later.

[Cyberfx1024 7,978]

4 minutes ago, Aussie_Mike said:

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?

There are numerous stories on here on where people have been warned about spending to many trips in the USA and not either the home country or a different country.  

 

I know how it works while working abroad in Central Asia trust me, I did gig for about 3 years before I got ready to move back to the USA. Good pay and the vacation time is good, it only sucks that your gf can't spend alot of time with you outside the USA.  I would say do about 4 trips in all to see her then the other two spend in Australia. 

[Unidentified 2,930]

You should make sure you spend more time in  Australia then in the US. That said, don't do a bunch of short trips. When I was waiting for my K1 I went to visit my now husband about 2 times in one year and then he came and visited me for christmas. I stayed my full 90 days but then I stayed in Sweden for about 4 months. 

[Coco8 1,039]

5 minutes ago, Aussie_Mike said:

Sounds like the best strategy is to decide if we are going to get engaged sooner rather than later.

You don't have to rush. If you are unsure you need to take time. Besides, she is in medical school and she needs to study and focus on her stuff. Seeing each other every 3 months for a full month is a lot of time. You are one of the lucky ones.

 

Also, are you aware that if you do a K1 once you get to the US you might be unable to work for almost 4 months starting from the day you file AOS? You might want to look into a spousal visa instead because it seems your company really needs you and not working for a long time might not work for you. 

 

 

[Unidentified 2,930]

Just now, Coco8 said:

You don't have to rush. If you are unsure you need to take time. Besides, she is in medical school and she needs to study and focus on her stuff. Seeing each other every 3 months for a full month is a lot of time. You are one of the lucky ones.

 

Also, are you aware that if you do a K1 once you get to the US you might be unable to work for almost 4 months starting from the day you file AOS? You might want to look into a spousal visa instead because it seems your company really needs you and not working for a long time might not work for you. 

 

 

Coco8 has an awesome point, this might be a really good option for you. Just be aware that it does take longer than a K1. But like Coco said, you will be ready to work as soon as you get to the US when you go the spousal route. 

[Aussie_Mike 12]

Just now, Coco8 said:

Also, are you aware that if you do a K1 once you get to the US you might be unable to work for almost 4 months starting from the day you file AOS? You might want to look into a spousal visa instead because it seems your company really needs you and not working for a long time might not work for you. 

 

 

I am semi aware that this could be an issue. As I did see an immigration lawyer several months ago, as my girlfriend and I were planning for this new job. 

 

I was hoping that expedited/emergency parole would be an option given that job loss would carry significant financial loss (and taxation for the US Govt). I was going to pose this question to VJ community at a later point. I have significant time off accrued with my employer as a secondary measure to manage this risk.

[Unidentified 2,930]

3 minutes ago, Aussie_Mike said:

I am semi aware that this could be an issue. As I did see an immigration lawyer several months ago, as my girlfriend and I were planning for this new job. 

 

I was hoping that expedited/emergency parole would be an option given that job loss would carry significant financial loss (and taxation for the US Govt). I was going to pose this question to VJ community at a later point. I have significant time off accrued with my employer as a secondary measure to manage this risk.

Emergency Parole is for travel. I think you mean expediting your work authorization.

[Coco8 1,039]

8 minutes ago, Aussie_Mike said:

I am semi aware that this could be an issue. As I did see an immigration lawyer several months ago, as my girlfriend and I were planning for this new job. 

 

I was hoping that expedited/emergency parole would be an option given that job loss would carry significant financial loss (and taxation for the US Govt). I was going to pose this question to VJ community at a later point. I have significant time off accrued with my employer as a secondary measure to manage this risk.

 

Since January people are saying on VJ everything is taking much longer. People have been waiting for EADs 120 days and getting it expedited it is not easy.  I would not count on it. It is risky.

 

 

[*Snowdrop* 603]

I think that if the pattern is very regular and you are only out for 28 days each time then it might look as though you are living in the US between jobs - but it's possible to visit often in a calendar year without suspicion.

 

I used to visit 5 or 6 times a year for the three years before I got married and moved over.

 

But it was a very irregular pattern - for example -  a week in Jan, two weeks in May, a weekend in June, three weeks in Aug, long weekend in Oct, two weeks in Dec. 

 

I was never questioned about how often I was visiting but was asked most times about my job - although I never had to prove it. 

 

[Aussie_Mike 12]

2 hours ago, Trellick said:

 

I was never questioned about how often I was visiting but was asked most times about my job - although I never had to prove it. 

 

Did you state that you were visiting your USC girlfriend or boyfriend/fiance? Thank you for sharing your experience

Edited July 21, 2017 by Aussie_Mike

[mallafri76 1,012]

It depends on how long your planning on staying each time?! Someone visiting the US six times a year and staying say a week each time, won't really have any issues. At least I never did. Someone visiting six times a year and staying say four weeks each time will probably run into some scrutiny...

 

If you're planning on spending 28 days in Asia working and 28 days in the US "visiting" on a rotating basis then yeah, expect to run into trouble because then you're basically living in the US and traveling to Asian for work. 

 

Edited July 21, 2017 by mallafri76

[AmyWrites 593]

I was just an immigration officer, but no reputable CBP I know would be okay with your plan.

[Aussie_Mike 12]

27 minutes ago, mallafri76 said:

It depends on how long your planning on staying each time?!  

 

 

11 minutes ago, AmyWrites said:

I was just an immigration officer, but no reputable CBP I know would be okay with your plan.

 

Thanks for the feedback. I'm trying to understand what is a realistic strategy.  Would say 2-3 weeks in the USA followed by 5-6 outside be less alarming?

 

Spending time in Australia is not a deal breaker. I'm trying to understand what doesn't raise suspicion while also wanting to be with my significant other.

[Crazy Cat 39,363]

28 minutes ago, Aussie_Mike said:

 

 

Thanks for the feedback. I'm trying to understand what is a realistic strategy.  Would say 2-3 weeks in the USA followed by 5-6 outside be less alarming?

 

Spending time in Australia is not a deal breaker. I'm trying to understand what doesn't raise suspicion while also wanting to be with my significant other.

I think that any pattern of frequent visitation could be seen by a particular officer as trying to reside in the US. There just isn't a clear definition of "too frequent" or realistic strategy....and that is probably a good thing.... Most everyone here on VJ has had to pay a price for having a significant other from another country. In many cases (mine included), we have had to endure a year or more of time away from our loved ones before getting a K-1 or CR-1/IR-1 visa. It is a price we pay for love.

Best Wishes