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hiffland

Time between ESTA visits to boyfriend

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Hi,

I'm coming to the end of a less than 90 day visit on my ESTA to the United States. We have plans to visit again for the allotted 90 days (or less) once I leave the United States and go back to the UK.

 

When I came for this trip, I was flagged by CBP presumably because I did not have a job when they asked what I did for work. I was put into a waiting room, asked only a few questions (where we met, how long we'd been together, where I was staying and how I was able to fund this trip) after my luggage and phone was searched. I was given the go ahead with no issues after that, but considering I was already flagged once, I'm worried it may be worse the second time around.

 

My question is, how many weeks/months should I stay in the UK before visiting him in the U.S. again to prevent being denied entry?

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3 minutes ago, hiffland said:

Hi,

I'm coming to the end of a less than 90 day visit on my ESTA to the United States. We have plans to visit again for the allotted 90 days (or less) once I leave the United States and go back to the UK.

 

When I came for this trip, I was flagged by CBP presumably because I did not have a job when they asked what I did for work. I was put into a waiting room, asked only a few questions (where we met, how long we'd been together, where I was staying and how I was able to fund this trip) after my luggage and phone was searched. I was given the go ahead with no issues after that, but considering I was already flagged once, I'm worried it may be worse the second time around.

 

My question is, how many weeks/months should I stay in the UK before visiting him in the U.S. again to prevent being denied entry?

General thinking is at least as long out of the US as you were in the US. At your next entry the CBP Officer will see all the notes about your last entry , so don’t be surprised if you do get heavily scrutinised 

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If you stayed 90 days last time, it is recommended you stay twice as long outside the US. Having ESTA is a privilege, it is not meant for you to be living inside the US or to be using it too often.

 

 

 

 


 

 

 

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The ESTA is for occasional visiting, not living in the USA on (almost) 90-day installments. Yes, the separation is awful - we have all been through it or are going through it. Remember that no entry is ever guaranteed to non-USCs and they have every right to send you back home if they consider that you are abusing the privilege. Don’t push your luck is what I’d say. 

 

Remember also that if you spend more than 180 days a year in the USA you become of interest to the IRS for tax filing. 


 

 

 

 

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No guantaree but give it 6 months and see.


“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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I agree with others. Take the time you was here, multiply by 2, and that is how long you should wait before returning.

 

Your experience with CBP should give you fair warning that you are on their radar. ESTA is privilege that can easily be loss.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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General rule, make sure you are staying in the UK more than the US. Me and my husband went back and forth on the Esta from May 2015 until January 2018. We started dating in November 2014 and he finally visited me in May 2015. Surprise, I get pregnant. He then came again for 3 weeks that September and then again right before our daughter was born mid January 2016 and stayed until April. After that we did that back and forth until January 2018. That is the first time he was ever stopped for questioning. The officer told him he had been taking advantage of his Esta and not to return without his K1 (which we had applied for anyway October 2017 we were still waiting). He claimed he stayed in the US more than the UK. He hadn't technically but it was damn close like 5 1/12 months in the US the rest in the UK but we honestly didn't think we were breaking any rules. We always obeyed the 90 day rule and he never missed any flights, etc. It was just pure ignorance on our end and a technicality that they throw in there. My suggestion is if y'all are serious, get married in the UK and apply for the spousal visa. If you're in a hurry do the K1 but be mindful it is only a few months shorter than the spousal now and you have to wait another year to get a green card interview (we're still waiting on that AND his work authorization). Either way the time apart is torture if you truly are in love but it's worth it in the end. Best of luck and if you have any future questions you can message me. We learned a lot about UK to US immigration through our own journey.

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Put yourself in the CBP officer's place--how would you view a foreigner's visits to the US and judge immigrant intent or abuse of a visa meant for tourism?  Frequent, short trips are best or you will raise suspicion and be subject to questioning and maybe denial at the POE.  If you're a CBP officer, would you think someone had strong ties to their home country if they stayed for more than a month?  Anything over two months seems like it's much longer than a normal tourist visit.  What kind of a job allows for vacation time of more than a month anyway?

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