Am i taking too much advantage of VWP

[Jacque67 7,328]

Just tom re-iterate- if you get denied entry on the VWP you can NEVER use VWP again (but you can try for a B2)

I think you should wait until after Christmas...

How about trying for American citizenship through your father?

[Boiler 43,387]

No entry is guaranteed but I would expect that with that pattern you are more likely to get a warning first rather than a straight bounce.

I assumed her Father was not eligible to pass citizenship, but an interesting question. If she is then she is, otherwise her father would need to petition her and he is living in the UK.

[del-2-5-2014 1,339]

Yes you are. And I didn't even have to read anything but the title.

[*Snowdrop* 603]

The length of your last trip might cause you some problems but frequent short trips are usually okay.

Before I moved here I visited my husband every two-three months for 2 years. I was never questioned about my use of the VWP. I was using it for visiting and that's what it was for. My husband visited me in the UK every two-three months too. He had a far harder time with UK immigration over the frequency of visits than I had with US immigration.

My trips were usually only from 4 days to two/three weeks at a time though.

I always brought a big packet of evidence of my intent to return - letter from employer etc. I was never asked for any of it.

[scotinmass 588]

The length of your last trip might cause you some problems but frequent short trips are usually okay.

Before I moved here I visited my husband every two-three months for 2 years. I was never questioned about my use of the VWP. I was using it for visiting and that's what it was for. My husband visited me in the UK every two-three months too. He had a far harder time with UK immigration over the frequency of visits than I had with US immigration.

My trips were usually only from 4 days to two/three weeks at a time though.

I always brought a big packet of evidence of my intent to return - letter from employer etc. I was never asked for any of it.

I did the same. Every 2 or 3 months a short visit for between 3 days and a week. On one visit the CBP officer went through a list of the last 5 or 6 visits I'd made. He said I was spending more time in the US than I was at home. I pointed out that I hadn't stayed for more than a week at any one time and I'd been in the US 42 days in the last year. He had a think about it and stamped my passport.

I would imagine if I had stayed 84 days on one of my visits he would have given me a harder time.

[Karee 4,189]

Someone educate me please.

If her father is American, can't she get American Citizenship through him?

I guess we're the only two that noticed that. Good question.

[del-2-5-2014 1,339]

I guess we're the only two that noticed that. Good question.

Not true.

The assumption I made, and I assume others did too, is that an adult child who knew about immigration (as in VWP, etc) would have pursued citizenship through her Father if that route was possible.

Perhaps she's estranged from him?

[yourwelcome 0]

Hi,

I visited my boyfriend for 12 days in April 2010. Then went back for 3 months with my son, from July-Sept'10. I then went back again from Nov'10-Jan'11. This time I was questioned for a long time in a seperate room and then the officer took all of my belongings into a separate room and searched through them. I was then allowed entry.

My next 3 month stay was April'11-July'11 and I was asked 2 questions and let through.

My next trip was for 7 weeks from Oct-Nov'11. This time me and my son were taken to a separate room and asked a lot of questions again. The officer was firm, but ok. I had paperwork to show her I had to be in court at the end of November (custody hearing) and she let me through. However she said I had, had too many trips on the VWP, and next time I come over I should have some sort of visa. She said she would hate for me and my son to get turned straight back to the uk after a 7 hour flight.

I told my boyfriend who then proposed and we filled for the K-1 visa. I had to spend 9 months in the U.K waiting for all the paperwork to get processed and my fiance came over twice to visit. It was tough, but we got through it and now I'm living in America, happily married

My advice is wait until after christmas, I know it's hard being away from your loved one, but be patient.

I heard from someone, you are only suppose to have one, three month stay a year and then they won't let you in, although there's nothing that says that in the VWP. Well, I pushed it and being questioned was horrible.

If you do decide to go, you will need to show really strong ties to the U.K. Proof of your job, rent agreement/mortgage etc and even then then could deny entry. On the other hand it could be like my third trip, where I was asked 2 questions, 'how long are you staying for' and 'who are you staying with' I answered 11 weeks and my boyfriend and was let through?!

Like Celeste says, if your father is American, couldn't you get an American passport?

I know it's such a gamble, i'm torn between taking the risk or playing it safe. But to be honest i always try and stay out the country 3 months before i return this trip was just out of the blue because my boyfriend's sisters had a lot of bad news about her baby and it's affecting him and i just want to be there for him ..

But you had so many long trips and they still allowed you? I only had 3 one week trips and then one 3 month one which was the most recent.. and when i go next it will have been about a month and a half since being there ...

I will have a job to go back to so i can show that but .. also im only just going to have turned 19 so surely they might think 'she's too young' which i am to be planning on leaving home yet, but i suppose it doesnt matter to them, just saying it may help though.

and RE the american passport thing, my dad tried to get me one through the i130 but because he's lived in the UK for so long and i was already 18 apparantly although the initial forms were approved, he couldnt continue with it because he realised he had to reside there and , he doesnt so. Yeah.

So do you think it's worth me taking the risk?

[newlyweds2010 208]

I agree with those that suggested that you start looking into whether you are eligible to obtain the US citizenship through your dad, before you even contemplate applying for any type of visas.

[yourwelcome 0]

I agree with those that suggested that you start looking into whether you are eligible to obtain the US citizenship through your dad, before you even contemplate applying for any type of visas.

No i'm pretty sure thats a lost case. He hasn't lived there for over 30 years, and im over 18. So although he is a citizen and does have an american passport, i dont think i can obtain anything that would help from him

[VanessaTony 3,567]

I know it's such a gamble, i'm torn between taking the risk or playing it safe. But to be honest i always try and stay out the country 3 months before i return this trip was just out of the blue because my boyfriend's sisters had a lot of bad news about her baby and it's affecting him and i just want to be there for him ..

But you had so many long trips and they still allowed you? I only had 3 one week trips and then one 3 month one which was the most recent.. and when i go next it will have been about a month and a half since being there ...

I will have a job to go back to so i can show that but .. also im only just going to have turned 19 so surely they might think 'she's too young' which i am to be planning on leaving home yet, but i suppose it doesnt matter to them, just saying it may help though.

and RE the american passport thing, my dad tried to get me one through the i130 but because he's lived in the UK for so long and i was already 18 apparantly although the initial forms were approved, he couldnt continue with it because he realised he had to reside there and , he doesnt so. Yeah.

So do you think it's worth me taking the risk?

Only you know whether it's "worth" the risk. We can only tell you what happens if you're denied: which is that you will be unable to use the VWP again, but you will NOT be ineligible for a K1 or CR-1 visa, and neither would you be ineligible to apply for a B2 visitor visa.

Re citizenship: Have you looked at this - http://en.wikipedia.org/wiki/United_States_nationality_law#Birth_abroad_to_one_United_States_citizen A friend of mine wasn't aware she was a USC until I showed her this. I assume though because he filed the I-130 and it was approved he may not fulfill the residency requirements to pass on citizenship.

[yourwelcome 0]

Only you know whether it's "worth" the risk. We can only tell you what happens if you're denied: which is that you will be unable to use the VWP again, but you will NOT be ineligible for a K1 or CR-1 visa, and neither would you be ineligible to apply for a B2 visitor visa.

Re citizenship: Have you looked at this - http://en.wikipedia.org/wiki/United_States_nationality_law#Birth_abroad_to_one_United_States_citizen A friend of mine wasn't aware she was a USC until I showed her this. I assume though because he filed the I-130 and it was approved he may not fulfill the residency requirements to pass on citizenship.

Well i'm already over the age of 18 so it wouldnt matter anyway -- but even if it did when my dad was a child he left the US with his brit mum, leaving his US dad ( my grandad ) and never seeing him again so, i couldnt get documents from him anyway ..

[kevleigh 0]

All i can do is share our experience. My fiance is British. He came over for the first time Oct. 22, 2010, for two weeks. Then came back for 90 days Dec. 17. He went back in early March and then came back again in May again for 90 days and this time he was detained for hours, he missed any connecting flights and it was late into the evening before he was finally able to contact me to let me know he was still in Detroit and would fly into Virginia the next day. It was awful, to say the very least. He said they were nasty to him, they accused him over and over again of "living" in the US and no matter how many times he told them and I told them because they called me numerous times I can only assume trying to trip us up to prove we were lying. They also told him NOT to come back again without a Visa of some kind. He went back in Aug. of 2011 and we didn't see each other again in person until 11 months later. He did come here to Texas where i live now with no trouble and we're contemplating him coming back in Dec. but not sure if that will be too soon. Just be careful. Make sure when you come again you have all your documents that prove you have ties to England and that you have no plans to stay. Good luck to you on your journey.

[jenniferjones101 19]

My understanding is the VWP allows you in for the normal 90 day stay for no more than 180 days out of the year in total. Not sure if they enforce this though...

[Moomin 292]

My understanding is the VWP allows you in for the normal 90 day stay for no more than 180 days out of the year in total. Not sure if they enforce this though...

There's no "magic number" or set days. CBP officers may turn anyone away before the 180 days(in a rolling year). It depends on travel pattern and if the individual officer sees it as misusing the tourist function. Even more so, it's not only about being in the US for less than 180 days; it's also about being in your home country more than 180 days.

That's why there isn't just one indicator of being refused entry. Too many factors to account for.

To the OP - if funds aren't an issue, you can always try to visit. Bring ties to your home country though; employment letter and when you start/is supposed to come back, lease agreement etc. They might help you however they won't make up for the amount of time you've spent in the US. Worst thing that'll happen is being turned away. Orrr.. you could wait it out, have your boyfriend visit you. You can help each other out with the financials(selfpaid vacation).