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Spruu

Visiting US for second time under VWP

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Filed: Country: Portugal
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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.

You are forgetting that February next year will have only 28 days.

January = 31 days

February = 28 days

March = 31 days

31 + 28 + 31 = 90 days smile.png

If February had 29 days like this year, then yes, I would be over staying with my VWP, however, since it has only 28 days, it makes it 90 days total (89 nights like the simulator showed me)

Edited by Spruu
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Filed: Other Country: United Kingdom
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You are forgetting that February next year will have only 28 days.

January = 31 days

February = 28 days

March = 31 days

31 + 28 + 31 = 90 days smile.png

If February had 29 days like this year, then yes, I would be over staying with my VWP, however, since it has only 28 days, it makes it 90 days total (89 nights like the simulator showed me)

Call me old fashioned but have you thought of looking at a calender and counting the days?

I did, and though I accept that I may have miscounted but I came up with 91 days for your stay.

Is it really worth risking your future ability to travel to the States for the sake of 1 day?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Country: Portugal
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Call me old fashioned but have you thought of looking at a calender and counting the days?

I did, and though I accept that I may have miscounted but I came up with 91 days for your stay.

Is it really worth risking your future ability to travel to the States for the sake of 1 day?

I did it that way as well before my previous post smile.png Then I proceeded with the math. Unless I miscounted but I got 90 days again.

I even used a simulator online and I got as result 12 weeks and 6 days

mfs8.png

All this is confusing me already and I'm feeling scared and lost in all these comments and I'm not making sense anymore.

Edited by Spruu
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Filed: Other Country: United Kingdom
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Just counted it out again.

Someone with more knowledge than me might know but do they count the day you arrive as part of the 90 days?

If they do then including the day you arrive and the day you leave then it's 91 days.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Country: Portugal
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Just counted it out again.

Someone with more knowledge than me might know but do they count the day you arrive as part of the 90 days?

If they do then including the day you arrive and the day you leave then it's 91 days.

Yeah I counted it again as well.

About knowing if they count with the arrival date I'm also not sure, I just know that my trip will have a total time of more than 24h, meaning I will be departing on the 20th of january but arriving in California on the 21st.

Since I'm already fearing that I might be indeed over staying in my trip I'm already proceeding to re-schedule my trip to the 18th of April.

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Filed: Other Country: United Kingdom
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Yeah I counted it again as well.

About knowing if they count with the arrival date I'm also not sure, I just know that my trip will have a total time of more than 24h, meaning I will be departing on the 20th of january but arriving in California on the 21st.

Since I'm already fearing that I might be indeed over staying in my trip I'm already proceeding to re-schedule my trip to the 18th of April.

Arriving on the 21st and not the 20th?

That would put it at 90 days.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Country: Portugal
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Does anyone know if the time spent traveling is also included in the 90 days stay under the VWP?

I ask this because my trip is going to have long layovers both going to California and then returning home. I will be having layovers that can go till 11 hours waiting for my next flight.

If anyone knows if the flight duration is included in the 90 days stay it would be precious information.

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Depends on where the layovers are. The 90 days starts the day you land in the U.S. and includes your time in the U.S./Canada/Mexico/the Caribbean. Normally, what that means is that it is the time from when you land in the US until the time you leave the US. (In your original plan, that appeared to be from your arrival on Jan. 20 -- although it was actually the 21 -- until your departure on April 20.) If, however, you leave the U.S. and your layover is in Canada or Mexico, for example, that period would also count against the 90 days, since you must leave the US and its contiguous territories.

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Filed: Country: Portugal
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Depends on where the layovers are. The 90 days starts the day you land in the U.S. and includes your time in the U.S./Canada/Mexico/the Caribbean. Normally, what that means is that it is the time from when you land in the US until the time you leave the US. (In your original plan, that appeared to be from your arrival on Jan. 20 -- although it was actually the 21 -- until your departure on April 20.) If, however, you leave the U.S. and your layover is in Canada or Mexico, for example, that period would also count against the 90 days, since you must leave the US and its contiguous territories.

God! thank you for explaining that to me. The CBP is not clear at all at providing me that info. I've been messaging them since yesterday and they don't give me clear information at all.

I'm just confused because they are not straightforward at all like you were. Thank you very much :)

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Filed: Country: Vietnam (no flag)
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Does anyone know if the time spent traveling is also included in the 90 days stay under the VWP?

I ask this because my trip is going to have long layovers both going to California and then returning home. I will be having layovers that can go till 11 hours waiting for my next flight.

If anyone knows if the flight duration is included in the 90 days stay it would be precious information.

Your time starts when you first land in the US from an international flight.

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Filed: IR-1/CR-1 Visa Country: Morocco
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For those of you who want to precisely calculate the duration of a visit, you may want to try http://www.timeanddate.com/, which we always use for our visits.

They have a very handy date calculator function: http://www.timeanddate.com/date/duration.html - be sure to check the "Include end date in calculation" box, since you need to count both the day you arrive and the day you depart!

I *strongly* recommend giving yourself at least several days as a buffer (we usually do a maximum of 83 to 85 days). If you go for exactly 90 days, and then your flight gets delayed or cancelled, or your car breaks down on the way to the airport or something else like that, you've got a problem.

Edited by Jamie & Izzy

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09/08/2013 - I-130 Priority Date
02/26/2014 - RFE
03/10/2014 - RFE sent
03/26/2014 - NOA2 date

04/08/2014 - NVC received
05/08/2014 - Case number assigned
05/12/2014 - DS-261 Completed
05/13/2014 - AOS paid
05/22/2014 - AOS pack sent
06/13/2014 - IV Paid,Finally!
06/14/2014 - IV pack sent
06/17/2014 - DS-260 completed
06/22/2014 - IV pack scan date
07/01/2014 - AOS checklist
07/02/2014 - Checklist Reply sent
07/09/2014 - Checklist scan date
08/22/2014 - Case Completed!

09/08/2014 - Case left the NVC
09/10/2014 - Case is ready
09/10/2014 - Interview letter received
10/20/2014 - Medical Appointment
10/29/2014 - Interview day ...

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I would go for a few less than 90 in any case. Flight delays and freak weather cause people to unintentionally overstay all the time, and there are no exceptions. Once you overstay, you're ineligible for the VWP for life.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Filed: IR-1/CR-1 Visa Country: Portugal
Timeline

From a Fellow Portuguese, at your POE just be honest, be relaxed and have all your flight plans in your hand. I have been traveling to the US since 2010 and all the time they were nice and when they asked me about what i was doing in the US I always told them I was going to visit my boyfriend (first time), my fiancé (second time), on third time no questions asked (got married that last time). I guess all depends on who's making the questions. I actually was advised not to travel there this time due to the fact i had a spouse visa process going on.

Just be "calm".

USCIS

2013-04-... - Sent I-130(Lawyer)
2013-04-15 - NOA1
2013-11-29 - Transferred to TSC
2013-12-30 - Approved NOA2 by e-mail
2014-01-13 - NOA2 Shipped to NVC

NVC
2014-01-21 - NVC received
2014-02-25 - NVC case number assigned case
2014-XX-XX - Completed DS-261 online
2014-03-05 - I-864(AOS) Bill Generated and paid
2014-04-01 - Sent I-864(AOS) Package
2014-XX-XX - DS-261 accepted
2014-03-10 - IV bill invoiced and paid
2014-03-19 - DS-260 completed online
2014-04-01 - IV packet sent
2014-04-04 - AOS & IV Packages arrived NVC
2014-04-21 - IV Package false check list
2014-04-22 - AOS check list
2014-05-07 - AOS check list Package scanned at NVC
2014-06-02 - Case completed
2014-06-11 - Interview scheduled

Consulate
2014-04-21 - Medical Exam
2014-07-17 - Interview - APPROVED
2014-XX-XX - Visa in hand
2014-08-14 - POE-Newark

-ROC Journey-
07/20/2016 - Sent package via UPS to CSC.
07/25/2016 - Package received.
07/28/2016 - Check cashed.
-- /--/2016 - NOA1 received.

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