Denial with VWP? Do I need a tourist visa instead

[jess2016 1]

Hi, firstly sorry if this is the wrong place - I didn't know where else to put it.

I'm currently living in England, and I'm a student. I'm in a long distance relationship, and we both struggle with the distance. Luckily we're in a position where we can afford for me to travel out to the US fairly regularly (under the visa waiver programme) during my uni holidays. (he can rarely come to England as he works full time and doesn't get many holidays).

However, on my recent entry, I was questioned in detail about why I was returning so soon (I spent 2 weeks in America in January and I came back early April for 2.5 weeks) and when I explained I was a student, the officer was very sceptical and asked if I even attended classes & how I could afford to travel so much. Obviously I know I have to spend more time outside of the US than in it, but as I want to return in June, and then possibly in August/September; I'm wondering how likely it is that I'm denied on the VWP?

Since I am generally visiting roughly every 2 months, and staying around 2 weeks (I may stay longer in summer - 3-4 weeks) would it be better to get a tourist visa or something instead?

Sorry, I'm just really paranoid I'll get denied POE at some point. Thanks for your help

[NigeriaorBust 4,087]

Being from a VWP country tourist visas are harder to get and if denied then VWP is usually out for a period of time also. I think you need to visit less often

[JFH 12,195]

Welcome! I was drawn to your post as I had a bad experience at the POE yesterday. My husband lives in the USA and I live in the UK so I sympathise with the distance.

I travel more frequently than you to see my husband and it has never been a problem but I work full-time and have no kids so my money is all mine, if you see what I mean. Also, because of my job and lots of experience doing this journey, I have never paid more than £250 or so to go to either LA, Seattle or Las Vegas.

Ultimately, no one has the right to enter the USA apart from US citizens. So an approval for the VWP means nothing, anyone can be denied at any time.

You are extremely unlikely to be granted a tourist visa given your circumstances. They are rarely given to people from VWP countries anyway and I can't think of a student being a suitable candidate for one. If you apply and are denied (which is likely) you will need to declare this on future ESTA applications. Why complicate matters? Stick with the VWP and limit yourself to 90 days or less. Much simpler.

I can kind of see the CBP officer's point. When I was at university many years ago I couldn't afford to travel that much. And I had too much to do during the breaks from classes. But I didn't go to university in the UK so the system was different, I suppose. It does seem they have a lot more free time in the UK.

Everyone at POE is perceived to have immigration intent unless they can satisfy the officer otherwise. That's just how immigration works in the US. Always spend more time out than in. Unfortunately, the VWP is open to abuse and you have those who have previously abused to thank that you got a grilling last time.

Edited April 7, 2016 by JFH

[jess2016 1]

Welcome! I was drawn to your post as I had a bad experience at the POE yesterday. My husband lives in the USA and I live in the UK so I sympathise with the distance.

I travel more frequently than you to see my husband and it has never been a problem but I work full-time and have no kids so my money is all mine, if you see what I mean. Also, because of my job and lots of experience doing this journey, I have never paid more than £250 or so to go to either LA, Seattle or Las Vegas.

Ultimately, no one has the right to enter the USA apart from US citizens. So an approval for the VWP means nothing, anyone can be denied at any time.

You are extremely unlikely to be granted a tourist visa given your circumstances. They are rarely given to people from VWP countries anyway and I can't think of a student being a suitable candidate for one. If you apply and are denied (which is likely) you will need to declare this on future ESTA applications. Why complicate matters? Stick with the VWP and limit yourself to 90 days or less. Much simpler.

I can kind of see the CBP officer's point. When I was at university many years ago I couldn't afford to travel that much. And I had too much to do during the breaks from classes. But I didn't go to university in the UK so the system was different, I suppose. It does seem they have a lot more free time in the UK.

Everyone at POE is perceived to have immigration intent unless they can satisfy the officer otherwise. That's just how immigration works in the US. Always spend more time out than in. Unfortunately, the VWP is open to abuse and you have those who have previously abused to thank that you got a grilling last time.

Thanks for your reply! It's nice to know someone else is in the same situation haha.

How often do you go and see your husband? I work too, just in term time and I get paid incredibly well for being a student which means it's also my own money too and I really don't struggle to afford flights, I'm not sure if that makes a difference?

Since my boyfriend works even when I do visit, I bring most of my uni work with me and just do it while he's out which I also think maybe helped my situation?

Thanks a lot for your advice, it's been really helpful . I'm just concerned I'll get turned away this summer mainly! I go into my final year in September so I'm going to be visiting less anyway, so I'm just trying to make the most of my time while I can and see him as much as possible.

I was thinking of maybe bringing proof of ties to my university next time? Such as applications for my student finance for next year, along with proof of my attendance for this year, as well as next year (for instance my ethics approval for a project I'll be conducting in September and such). Would it be worth including upcoming appointments/employment letters next time I travel too?

[Unlockable 7,322]

Take it as an "suggestion" to span out your visits. Some officers seem to scrutinize frequent travelers of VWP countries. Being denied entry may not happen your next visit or at all but at least you got a heads up. There are stories here of ppl not getting previous "warnings" at all.

From what I have read on this site being denied entry and losing VWP privileges really suck.

There is no definite way to know if you will be denied. It's almost kind of a gamble. You already know being denied entry is possible. Now you have to weigh if your current schedule of trips will push it towards probable.

A tough situation.

Wish you the best of luck.

[JFH 12,195]

I have been more than 40 times and always been lucky, I suppose.

I do recommend bringing proof of ties to home. I never used to bother with that but yesterday they went through all my travel documents and asked me about my job. I wish I had something from work with me to show when I'm expected back.

I (foolishly thought) my impeccable entry and exit history (always left exactly when I said I would, never lied about visiting my husband, etc) would see me through. Apparently not.

[Teddy B 17,252]

Hi, firstly sorry if this is the wrong place - I didn't know where else to put it.

I'm currently living in England, and I'm a student. I'm in a long distance relationship, and we both struggle with the distance. Luckily we're in a position where we can afford for me to travel out to the US fairly regularly (under the visa waiver programme) during my uni holidays. (he can rarely come to England as he works full time and doesn't get many holidays).

However, on my recent entry, I was questioned in detail about why I was returning so soon (I spent 2 weeks in America in January and I came back early April for 2.5 weeks) and when I explained I was a student, the officer was very sceptical and asked if I even attended classes & how I could afford to travel so much. Obviously I know I have to spend more time outside of the US than in it, but as I want to return in June, and then possibly in August/September; I'm wondering how likely it is that I'm denied on the VWP?

Since I am generally visiting roughly every 2 months, and staying around 2 weeks (I may stay longer in summer - 3-4 weeks) would it be better to get a tourist visa or something instead?

Sorry, I'm just really paranoid I'll get denied POE at some point. Thanks for your help

2 short trips within 3 months really isn't abusing the VWP, but it is understandable that a student may not have the funds to travel to the US that frequently. If I were you, I would think about just having one longer trip during the summer rather than two. Once you are allowed entry you can stay up to 90 days on the VWP.

[yuna628 9,888]

Hi, firstly sorry if this is the wrong place - I didn't know where else to put it.

I'm currently living in England, and I'm a student. I'm in a long distance relationship, and we both struggle with the distance. Luckily we're in a position where we can afford for me to travel out to the US fairly regularly (under the visa waiver programme) during my uni holidays. (he can rarely come to England as he works full time and doesn't get many holidays).

However, on my recent entry, I was questioned in detail about why I was returning so soon (I spent 2 weeks in America in January and I came back early April for 2.5 weeks) and when I explained I was a student, the officer was very sceptical and asked if I even attended classes & how I could afford to travel so much. Obviously I know I have to spend more time outside of the US than in it, but as I want to return in June, and then possibly in August/September; I'm wondering how likely it is that I'm denied on the VWP?

Since I am generally visiting roughly every 2 months, and staying around 2 weeks (I may stay longer in summer - 3-4 weeks) would it be better to get a tourist visa or something instead?

Sorry, I'm just really paranoid I'll get denied POE at some point. Thanks for your help

You may have been questioned, but on the bright side you still were allowed to enter, right? I don't believe the officer had a problem with you visiting your boyfriend, only that they probably had a problem with the frequency of your visits to see him. Tickets are expensive, especially on a student budget. You're keeping your visit time in the states short, but the gap of time between your visits is too frequent. I'd advise not trying again until much later. Visiting every two months is not what the VWP is for unfortunately... and they are privileges you want to keep. Because once you lose them, things get very tough indeed.

My husband and I visited each other over the course of many many years. No matter his status of school or employment, he kept his visits to once or twice every year and never experienced a problem. Spring and Fall or Spring and Winter, either a couple weeks or near max of allotted time. When in uni he would come during his holiday period if he had enough money. I know it's hard not being able to see each other.. sometimes it can feel unbearable, but you have to do what you have to do. Bring what proof you can, uni, job, living arrangements, and travel insurance may also be a good idea.

[Shiobhan 235]

you should space out your travel more

wait until summer, you wont get approved

for a visa