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Spruu

Visiting US for second time under VWP

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Hello!

I apologize in advance if I'm not posting this in the right thread.

I'm going to visit my boyfriend, who resides in California, for the second time for a period of three months.

My problem resides in a possible denial while crossing the border. I live with my parents and I have no strong ties with my country either since I wont have a job past the 20th of this month, date when 3 moths contract will end.

It was told to me in a private message that basically visiting the US is more like a "privilege" and that if I'm not a resident, or US citizen, I basically have no "right" to be there and it's all in the border control officer's hands to determine if I should pass or not. The same person also told me that I should show that I have enough money on me to sustain myself for that period of time.

My first stay was actually payed by my boyfriend however, I had money with me to sustain myself during my stay but, this time it will be all by me due to the money I gathered during working contract. This first stay was from June 18th till September 17th and I already have the tickets for my next trip that will be from the 20th of January till the 20th of April.

Right now I'm actually scared if they deny my entry in the US just because I currently have no strong ties to my country even if I say that do not intend to stay in the US.

I come to you all asking for advice on what to do.

Many thanks.

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It looks like you're doing everything you can. Make sure you have a copy of your full itinerary, including your return flight, be clear that you plan to return home, that you're just coming for a visit, and that you have enough money that you can support yourself without trying to do any work in the US. Then you just have to hope for the best. It has been my experience so far that the border guards and customs officials can tell if you're being honest and have nothing to hide.

It looks like you're doing everything you can. Make sure you have a copy of your full itinerary, including your return flight, be clear that you plan to return home, that you're just coming for a visit, and that you have enough money that you can support yourself without trying to do any work in the US. Then you just have to hope for the best. It has been my experience so far that the border guards and customs officials can tell if you're being honest and have nothing to hide.


 

Is your timeline updated?


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Spruu,

We've had some challenges using the Visa Waiver Program for my spouse's visits from Australia. There are not any hard, fast rules except that you must not stay in the US over 90 days. However, there are quite a few unwritten rules that can be applied by the border officer as he or she sees fit.

My spouse was told by the border officer that she needed to stay OUT of the US longer than she stayed in. So...if you stay here for 90 days, you should be in your home country for more than 90 days when you go back. We got in trouble when she was in the US for 85 days, then she was in Australia for 10 weeks, then she came back for 87 days, then was back in Australia for only 8 weeks.

And, yes, you should show strong ties to your home country - usually work.

Be careful. I know how much you want to see your partner, but during your immigration process, be very careful!

Sukie


Spoiler

 

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It is not basically a privilege, it IS a privilege to visit the US, When we began to take that for granted is when I was denied entry twice.

I see you are traveling for exactly 90 days. I recommend you change your flight to depart a few days earlier. If unforeseen circumstances arise where you cannot leave on time (weather, a volcano eruption in Iceland, etc) then you lose the ability to use the VWP due to an overstay.

It sounds like you are prepared for your trip, good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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It looks like you're doing everything you can. Make sure you have a copy of your full itinerary, including your return flight, be clear that you plan to return home, that you're just coming for a visit, and that you have enough money that you can support yourself without trying to do any work in the US. Then you just have to hope for the best. It has been my experience so far that the border guards and customs officials can tell if you're being honest and have nothing to hide.

It looks like you're doing everything you can. Make sure you have a copy of your full itinerary, including your return flight, be clear that you plan to return home, that you're just coming for a visit, and that you have enough money that you can support yourself without trying to do any work in the US. Then you just have to hope for the best. It has been my experience so far that the border guards and customs officials can tell if you're being honest and have nothing to hide.

Indeed I am trying to do everything I can and I'm extremely nervous after what was told to me through private message.

I have my e-tickets with me and I will keep them till my return home and, like the previous ones, I will save them as a "souvenir".

I'm just afraid that the paper that I might get from my current boss wont be enough to prove the officials that I do need to come back home to continue working.

I live with my parents by choice because like that I can help them with house holds and bills and stuff but yeah, custom officers wont care about that.

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Spruu,

We've had some challenges using the Visa Waiver Program for my spouse's visits from Australia. There are not any hard, fast rules except that you must not stay in the US over 90 days. However, there are quite a few unwritten rules that can be applied by the border officer as he or she sees fit.

My spouse was told by the border officer that she needed to stay OUT of the US longer than she stayed in. So...if you stay here for 90 days, you should be in your home country for more than 90 days when you go back. We got in trouble when she was in the US for 85 days, then she was in Australia for 10 weeks, then she came back for 87 days, then was back in Australia for only 8 weeks.

And, yes, you should show strong ties to your home country - usually work.

Be careful. I know how much you want to see your partner, but during your immigration process, be very careful!

Sukie

I will be coming back home because I will have another working contract for, as far as I know, another three months.

I wouldn't have a reason to return to the US that soon, after my return home, since my partner is going to travel to Thailand for two months, meaning I will be staying home for at least five months.

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It is not basically a privilege, it IS a privilege to visit the US, When we began to take that for granted is when I was denied entry twice.

I see you are traveling for exactly 90 days. I recommend you change your flight to depart a few days earlier. If unforeseen circumstances arise where you cannot leave on time (weather, a volcano eruption in Iceland, etc) then you lose the ability to use the VWP due to an overstay.

It sounds like you are prepared for your trip, good luck

I will change it to 85 days just for precaution.

you made me cry once you said. Thank you for the support! It means a lot.

It sounds like you are prepared for your trip, good luck

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immigration to the US, or traveling to see a loved one, is stressful. I give honest answers. I'm sorry I made you cry. It is not personal

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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immigration to the US, or traveling to see a loved one, is stressful. I give honest answers. I'm sorry I made you cry. It is not personal

good luck

It was a good cry since you said that it sounds like I'm prepared for the trip and then you wished me good luck. :')

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My first stay was actually payed by my boyfriend however, I had money with me to sustain myself during my stay but, this time it will be all by me due to the money I gathered during working contract. This first stay was from June 18th till September 17th and I already have the tickets for my next trip that will be from the 20th of January till the 20th of April.

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Hello!

I apologize in advance if I'm not posting this in the right thread.

I'm going to visit my boyfriend, who resides in California, for the second time for a period of three months.

My problem resides in a possible denial while crossing the border. I live with my parents and I have no strong ties with my country either since I wont have a job past the 20th of this month, date when 3 moths contract will end.

It was told to me in a private message that basically visiting the US is more like a "privilege" and that if I'm not a resident, or US citizen, I basically have no "right" to be there and it's all in the border control officer's hands to determine if I should pass or not. The same person also told me that I should show that I have enough money on me to sustain myself for that period of time.

My first stay was actually payed by my boyfriend however, I had money with me to sustain myself during my stay but, this time it will be all by me due to the money I gathered during working contract. This first stay was from June 18th till September 17th and I already have the tickets for my next trip that will be from the 20th of January till the 20th of April.

Right now I'm actually scared if they deny my entry in the US just because I currently have no strong ties to my country even if I say that do not intend to stay in the US.

I come to you all asking for advice on what to do.

Many thanks.

I don't want to add to your worries, but word of caution -- the 90 day period is 90 calendar days, not 3 months since, as you know, some months have more than 30 days. The period from Jan. 20 to April 20 is actually 92 days if you count them (if I counted right, that is, and, yes, it makes a difference to US immigration). So, you would be leaving on the 92nd day -- good thing you decided to change your ticket! (And, not to cause additional worries, but I would check the June to September visit -- I think, if you didn't leave until Sept. 17, you might have overstayed a day or so on that trip.) Good luck.

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I don't want to add to your worries, but word of caution -- the 90 day period is 90 calendar days, not 3 months since, as you know, some months have more than 30 days. The period from Jan. 20 to April 20 is actually 92 days if you count them (if I counted right, that is, and, yes, it makes a difference to US immigration). So, you would be leaving on the 92nd day -- good thing you decided to change your ticket! (And, not to cause additional worries, but I would check the June to September visit -- I think, if you didn't leave until Sept. 17, you might have overstayed a day or so on that trip.) Good luck.

February will have 28 days next year, which makes 2 days less in the calendar.

I used ITA to calculate the amount of days, we chose the time to stay according to the day you pick it will give you the departure and arival. Bellow follows an example:

9zRzSyj.png

This website gives you the length of your stay and the day your trip ends. My trip was scheduled by me from the 20th of January till the 20th of April, meaning I will be staying 89 days and not 90.

On my first trip from June till Septembed I did leave on the 17th at 4 something pm.

Edited by Spruu

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Your first visit was for more than 90 days.


“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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Your first visit was for more than 90 days.

I used the same exact system that I showed in my spoiler previously, which is kind of impossible for me to have exceeded my time there.

I re-checked the dates and it was from 20th of June till the 17th of September. The ITA system shows the time frame according to the days you choose to travel.

Since I can't edit my Original Post I want to say here that my first trip to the US was from 20th of June till the 17th of September.

Edited by Spruu

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February will have 28 days next year, which makes 2 days less in the calendar.

I used ITA to calculate the amount of days, we chose the time to stay according to the day you pick it will give you the departure and arival. Bellow follows an example:

9zRzSyj.png

This website gives you the length of your stay and the day your trip ends. My trip was scheduled by me from the 20th of January till the 20th of April, meaning I will be staying 89 days and not 90.

On my first trip from June till Septembed I did leave on the 17th at 4 something pm.

Sorry -- I don't know what the formula is for this website, but Jan. 20th to April 20th is exactly 13 full weeks (Mon.-Sun.) Your arrival and departure days count. 7X13 = 91. This site appears to be counting nights in the US -- so, if you spend 90 nights and leave the next day, you are leaving on the 91st day, not the 90th. Not trying to be difficult -- just want you to look at it carefully so you don't cause problems for yourself. Really good news that the first trip was shorter than you originally indicated. Again, good luck.

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