ESTA visits and the 90-day limit

[EleanorQ 0]

If someone who is in the CR1 process visits the country on VWP with a return ticket of exactly 90 days later, with legitimate intention to not change status during the visit, would this be a problem?

[JFH 12,190]

Theoretically it's possible.

Not recommended, though, for various reasons.

If you go one minute over the 90-day mark you have overstayed. So what happens if the flight is delayed or cancelled? Best to have 87 days as the maximum just to be on the safe side.

One question that will immediately come to mind at POE when CBP find out how long the person is planning to stay 'What work do you do that allows almost 3 months leave?' And how the person will support themselves during that time and continue to meet their financial obligations at home (bills, rent/mortgage, etc).

I would never recommend such a long visit.

[KierenHby 899]

Should be prepared to explain purpose of the 90-day visit, other than that, no issue. Account for any weather-related delays or flight cancellations; even a 1-day overstay could jeopardize future VWP visits if the CR1 drags on.

Off topic.. South Korea or Singapore?