Is it ok to stay for 3 months, return for a few weeks and then go back to USA?

[JCV 5]

Is it ok to stay for 3 months, return for a few weeks and then go back to USA?

Background:

I am from a VWP country, and saw a guy who's wife from germany does this often, is there a stage in the CR1 where it is not allowed to visit after the i130? I would be able to return as soon as i get a letter etc.

[Dualie 185]

It should be allowed as long as the beneficiary has strong ties for return to their country, and keep in mind that it is always at the border officer's discretion. There are no guarantees at the border. I crossed the border many times during the process (although Canada is not VWP, Canadians have been denied frequent access in the past), I had lots of documentation with me to prove my ties to Canada, but I was always prepared for that one time when a border officer was having a bad day and didn't like my proof. It never happened, but you never know.

I crossed right up to a few weeks before my interview, so as long as the beneficialy is in their own country for the interview, shouldn't be any problems.

Hope this helps!

Edited February 13, 2015 by Dualie

[JCV 5]

It is allowed as long as the beneficiary has strong ties for return to their country, and keep in mind that it is always at the border officer's discretion. There are no guarantees at the border. I crossed the border many times during the process, I had lots of documentation with me to prove my ties to Canada, but I was always prepared for that one time when a border officer was having a bad day and didn't like my proof. It never happened, but you never know.

I crossed right up to a few weeks before my interview, so as long as the beneficialy is in their own country for the interview, shouldn't be any problems.

Thanks for the response! I don't have any strong ties as I am a student and finish in April, which is when I would like to visit for 3 months and then return. Is my NOA1 not enough if i just print it out and my return flight? I clearly am doing it the legal way as i had the choice to just stay last time i was there!

[NikLR 13,227]

Please note the time frame is 90 days, not 3 months. Also if you overstay, even by a day, you lose your ESTA privileges so be aware of that.

Each CBP officer is different so if they ask you for proof of your ties to your home country, and you can't provide them, be prepared to be denied entry. Denial of entry doesn't affect your visa process. But they may not even ask.

[Dualie 185]

Please note the time frame is 90 days, not 3 months. Also if you overstay, even by a day, you lose your ESTA privileges so be aware of that.

Each CBP officer is different so if they ask you for proof of your ties to your home country, and you can't provide them, be prepared to be denied entry. Denial of entry doesn't affect your visa process. But they may not even ask.

Exactly what NLR says here. That is why, you should have as much documented evidence of your ties to your country as possible. Whether or not you are granted entry to the US is totally dependent upon the officer you speak with and how he or she views your proof. If they think you intend to stay, they will not admit you.

[Boiler 45,659]

General rule of thumb is to stay out as long as you have visited otherwise it looks like you are living here.

[Ontarkie 14,275]

~~Moved to Tourist Visas from CR1/IR1 - As the OP is asking about visiting.~~

[dwarrell 21]

Exactly what NLR says here. That is why, you should have as much documented evidence of your ties to your country as possible. Whether or not you are granted entry to the US is totally dependent upon the officer you speak with and how he or she views your proof. If they think you intend to stay, they will not admit you.

The other thing to consider is that they will look at your entire pattern of visits, including the length of each stay and how long you're away for each one. There was a period early on in our relationship when I stayed a couple of times for a week or two less than the 90 days, stayed away for a while, then came back. Each subsequent time I came back I got more and more hassle from the CBP staff, having to go to secondary screening a couple of times. Even though I had been scrupulous about never overstaying, what they told me was they don't actually expect many people to use the full 90 day allocation, and when they start to see multiple extended stays they start getting suspicious.

[JCV 5]

The other thing to consider is that they will look at your entire pattern of visits, including the length of each stay and how long you're away for each one. There was a period early on in our relationship when I stayed a couple of times for a week or two less than the 90 days, stayed away for a while, then came back. Each subsequent time I came back I got more and more hassle from the CBP staff, having to go to secondary screening a couple of times. Even though I had been scrupulous about never overstaying, what they told me was they don't actually expect many people to use the full 90 day allocation, and when they start to see multiple extended stays they start getting suspicious.

That's good information! I lived there for one year on J1 visa and after that I have visited three times, haven't visited since we got married on my last visit and didn't think I even had the option.. but now I might just take a risk, if i get denied i wouldn't be entering again on WVP anyway so it seems like I have nothing much to lose, apart from money and time of course.

[mallafri76 1,012]

Where do you live, i.e do you have a rental apartment or mortgage? Do you own a car? Those would be strong ties to your home country.

Most of the time when you arrive under the VWP, they ask you what you're doing there and how long you're staying. And you're allowed to travel under the VWP program until you have your spousal visa.