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Grant Ogilvie

Visa Waiver Program question

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I visited the USA from march 1st to 12th on an ESTA, my passport was stamped 03/01/12-05/29/12. Im returning on may 21st and would like to make sure a new 90 day period will begin as I will be there until june 27th.

I believe I have nothing to worry about since either passport control or the airline should have registered me as leaving the states but I gotta check to be safe.

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I visited the USA from march 1st to 12th on an ESTA, my passport was stamped 03/01/12-05/29/12. Im returning on may 21st and would like to make sure a new 90 day period will begin as I will be there until june 27th.

How long you will be allowed to stay in the US (if CBP admits you) is entirely within the discretion of CBP. The 90 day period is not automatic.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I visited the USA from march 1st to 12th on an ESTA, my passport was stamped 03/01/12-05/29/12. Im returning on may 21st and would like to make sure a new 90 day period will begin as I will be there until june 27th.

I believe I have nothing to worry about since either passport control or the airline should have registered me as leaving the states but I gotta check to be safe.

The airlines are required to provide the names of passengers and their flights to the US government. That should be in their database. The US government should you left the US on March 12th. If there is a problem with their record retrieval, bring proof that you left the US on March 12th; photocopy of your plane tickets, a travel printout with your name and the dates. That should be proof that your visit was brief in March, and your travel in May is a separate entry. The intervening time outside the US from March 12th to May 21st should be sufficient to show you are not abusing the VWP, and your time outside the US was meaningful and not a trick to reset the VWP 90 days.

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