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VWP question

By josey89 in Tourist Visas

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josey89 Newbie

josey89   0

Posted
Filed: Timeline
Posted

Sorry if this isn't the correct part of the forum. I am trying to find out when I will be able to return to the USA on another VWP trip. I've been twice so far, on:

Dec 20 2011 until March 18 2012 and

Apr 25 2012 until July 23 2012

They were 90 days and 89 days respectively (I think). I know I can't send more than six months in any 12 month period in the States, so when can I go back for another 3 month stay?

Thanks in advance.

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Boiler Grand Master

Boiler   43,600

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sorry if this isn't the correct part of the forum. I am trying to find out when I will be able to return to the USA on another VWP trip. I've been twice so far, on:

Dec 20 2011 until March 18 2012 and

Apr 25 2012 until July 23 2012

They were 90 days and 89 days respectively (I think). I know I can't send more than six months in any 12 month period in the States, so when can I go back for another 3 month stay?

Thanks in advance.

A few more daysthis yearand you will wbe paying taxonomy your wold wide income.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

It's 180 days in a rolling year. Fast forward to eg. October, you would still have spent 179 in the US within the past year by that time. Your 179 days won't be reset by a certain date but December 20th 2012 is the date you start having less days in the US and more in your home country if you stay in your home country.

Bear in mind that it's up to 180 but that isn't neccessarily a magic number. The point of it is to spend more time in your home country than any other country, not just the US. That's one of your ties to your home country. CBP officers may let you in without blinking an eye, or they may conclude that you need to establish yourself in home country(or whatever reason they'd use for refusing you to enter on VWP).

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Boiler Grand Master

Boiler   43,600

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

? There is no magic number.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,600

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

? There is no magic number.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

? There is no magic number.

Precisely. Some just think that 180 is the limit, or magic number. That's misunderstanding the concept, IMO.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

You have placed this in the wrong places- yes.

In regards to vwp stay there is no actual number of days you can stay in a 1 year period as far as I am aware. You are supposed to spend more time in your home country than in the USA, but there is no gaurantee even if you do that, that you will be let in.

You should make sure you can prove ties to your home country if needed and also that you.can explain why/how you can spend so much time in the US.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

*** Moving from AOS to Tourist visa forum ***

Yes, I would suggest to be on the safe side come back in January. You can try for December- or anytime before- but your chances of gaining entry will be reduced. Be sure to bring ties to your home country, and prove how you can spend so much time in the USA without working here.

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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jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted

Precisely. Some just think that 180 is the limit, or magic number. That's misunderstanding the concept, IMO.

There is no magic number. The 180 days in one given year is the rule for the Schengen area, not for the US.

In theory, you could go back for another 90 days tomorrow if you wanted to. The problem isn't that it's illegal, it's fully legal. The problem is convincing the CBP at the airport that you're nothing more than a genuine tourist - Because who spends 90 days on vacation, goes home for a day, and then takes another 90 day vacation?

They're going to wonder:

1. Where do you get the money to travel like this?

2. Are you de facto living in the US?

The first question because they want to make sure you're not working illegally in the US, and the second question because the VWP is for tourism/visiting/business only, not for covertly living in the US.

In US immigration law, the visitor is always, by law, to be presumed to be an intending immigrant until the CBP officer is satisfies that they are in fact not intending to immigrate. You're in essence guilty until proven innocent.

Thus, no law will directly keep you from visitng for 90 days all year - The presumption that you're not a genuine tourist will.

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