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roman1982

Is the Visa Waiver Stamp always 90 days?

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Filed: Timeline

Hi there,

I have a question as I am intending to travel to the US for 3 months. I was there for 6 weeks this year already, but have waited over 2 months to visit again.

I am not looking for work or anything like that, and am just touring around and visiting family. I am just wondering if the stamp is always for 3 months, and if so if it is best to say I am just visiting for 2 weeks to the POE guard, so that it doesnt look to suspect, because they will stamp for 3 months anyway? I know it is up to the POE guard's discretion, but was wondering if anyone had experience of this? Thanks in advance!

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Filed: K-1 Visa Country: Australia
Timeline
Hi there,

I have a question as I am intending to travel to the US for 3 months. I was there for 6 weeks this year already, but have waited over 2 months to visit again.

I am not looking for work or anything like that, and am just touring around and visiting family. I am just wondering if the stamp is always for 3 months, and if so if it is best to say I am just visiting for 2 weeks to the POE guard, so that it doesnt look to suspect, because they will stamp for 3 months anyway? I know it is up to the POE guard's discretion, but was wondering if anyone had experience of this? Thanks in advance!

You've filed for a K-1?

If so they'll more than likely ask for documentation showing you will be returning back home, including a return ticket. That last thing you want to do is go around making untrue claims at POE when you have a visa pending.

TIMELINE:

December, 2008 - Started talking on plentyoffish.com

March 25, 2009 - Left Australia to to meet her

March 28, 2009 - Finally met in person!!

April 30, 2009 - Engaged

May 4, 2009 - Returned to Australia

June 26, 2009 - Filed I-129F

July 6, 2009 - NOA1 Received

July 25 - August 12, 2009 - Janet visited Simon is Australia for 2 and a half magical weeks. Met the family and is loved by all of them! :)

September 18, 2009 - NOA2!!!!!

September 28, 2009 - NVC Received

October 1, 2009 - NVC Sent

October 7, 2009 - Consulate Received

October 14, 2009 - Medical

October 17, 2009 - December 8 - Simon visiting Janet in the U.S

December 11, 2009 - Packet 3 sent

December 18, 2009 - Packet 4 received

January 12, 2010 - Interview date

January 14 2010 - Visa Received

January 23 2010 - US Entry

February 7 2010 - Marriage

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Is the Visa Waiver Stamp always 90 days?

No, it is occassionally shorter than 90 days if the immigration officer feels you have been spending too much time in the U.S., but decides to allow an entry for a shorter period.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Citizen (apr) Country: Ireland
Timeline

Usually it is for 90 days, no matter when your return ticket is for. However, it is totally up to the border agent. One time, after I had visited several times (though only for long weekends each time), they gave me less than two weeks (one day longer than my return ticket was for).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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I've had friends come over on the VWP and because they look "surly", they were given less than 90 days...

But the max is 90 days.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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