Re-Entering USA on Visa Waiver After 5 Weeks - Advice?

[chris_s 0]

Hi all,

 

My first post here.

 

My fiancé and I are planning to file paper work for the fiancé visa soon. 

 

In the meantime, I've been in the US over summer on an ESTA. I'll have been here 79 days by the time I leave. 

 

Our original plan was for me to go back home, she come over to visit me in September, then I return around October/November for her birthday and Christmas. 

 

Since then,  my fiancé (a fashion designer) has been given the opportunity to take part in 2 major fashion shows in September, meaning she can't come over. 

 

Our plan now is for me to come back in September so that I can attend her shows, then stay for her birthday in November, then head home again and have her follow me out in December.

 

The thing I'm worried about is that I'll only be out of the United States for 5 weeks. 

 

Everything I've read says there's no limit to how many times you can re-enter on an ESTA, but that it's going to be tougher to get into the country.

 

I'm not planning on working. My partner mainly supports me while I'm here, and I use savings and a loan from my parents if needed.

 

I'll also have written evidence that I'm planning to leave .

 

Is there anything else I can do to make this easier or is this generally a bad idea?

[arken 4,197]

8 minutes ago, chris_s said:

Is there anything else I can do to make this easier or is this generally a bad idea?

Leave asap.

 

Staying for 79 days (just near 90 days allowed) and coming back in 5 weeks to stay again for another 2 months or more may create an issue at POE for sure.

 

A good strategy is to be abroad for min of whatever days spent in the US before traveling back.

 

 

 

 

 

 

[Mike E 11,740]

21 minutes ago, chris_s said:

Is there anything else I can do to make this easier or is this generally a bad idea?

You can assume you will denied entry and possibly have your esta canceled.  This is because you are spending more time in the USA than outside. 
 

You still in the  USA. You’ve plenty of time left on your authorized stay. Why not get married now and file to adjust status to get a green card (before your authorized stay expires)?

Edited July 7, 2022 by Mike E

[Boiler 45,651]

I do not know what will happen to you, nobody here does.

 

You could be just waived through.

 

I have come across pretty much every variant.

 

They may well be wondering what you do to allow so much holiday.

[chris_s 0]

21 minutes ago, Mike E said:

You can assume you will denied entry and possibly have your esta canceled.  This is because you are spending more time in the USA than outside. 
 

You still in the  USA. You’ve plenty of time left on your authorized stay. Why not get married now and file to adjust status to get a green card (before your authorized stay expires)?

 

We haven't done the paper work for the fiancé visa yet. I'm not sure what options we would have for getting married without it?

[Boiler 45,651]

1 minute ago, chris_s said:

 

We haven't done the paper work for the fiancé visa yet. I'm not sure what options we would have for getting married without it?

A marriage license

 

Where I am you get one from the County Office and they cost $30.

[Mike E 11,740]

4 minutes ago, chris_s said:

 

We haven't done the paper work for the fiancé visa yet. I'm not sure what options we would have for getting married without it?

 

[Verrou 1,962]

7 minutes ago, chris_s said:

 

We haven't done the paper work for the fiancé visa yet. I'm not sure what options we would have for getting married without it?

u dont need fiance visa to get married. 

u can just marry, leave like ur plan, and apply for spouse visa

[StellaGB1 29]

6 minutes ago, chris_s said:

 

We haven't done the paper work for the fiancé visa yet. I'm not sure what options we would have for getting married without it?

You just get married and file the paper work to adjust your status and get your green card, essentially skipping the K1 process. You won’t be able to work or leave the country for a long time though so keep that in mind if you have current commitments in the UK. 

[arken 4,197]

36 minutes ago, Misscloud said:

u dont need fiance visa to get married. 

u can just marry, leave like ur plan, and apply for spouse visa

Or just marry, don't leave, and file for i130 and AOS. OP is planning to come back and stay till Nov anyway, might as well get AP and if lucky EAD too by then.

Edited July 7, 2022 by arken

[SalishSea 17,916]

If you choose to marry and try to adjust status to stay, you need to make sure your partner is eligible to sponsor you, and that you can afford to stay in the US for a chunk of time without working or traveling home.   8-10 months at least.

[Crazy Cat 41,975]

18 hours ago, chris_s said:

Hi all,

 

My first post here.

 

My fiancé and I are planning to file paper work for the fiancé visa soon. 

 

In the meantime, I've been in the US over summer on an ESTA. I'll have been here 79 days by the time I leave. 

 

Our original plan was for me to go back home, she come over to visit me in September, then I return around October/November for her birthday and Christmas. 

 

Since then,  my fiancé (a fashion designer) has been given the opportunity to take part in 2 major fashion shows in September, meaning she can't come over. 

 

Our plan now is for me to come back in September so that I can attend her shows, then stay for her birthday in November, then head home again and have her follow me out in December.

 

The thing I'm worried about is that I'll only be out of the United States for 5 weeks. 

 

Everything I've read says there's no limit to how many times you can re-enter on an ESTA, but that it's going to be tougher to get into the country.

 

I'm not planning on working. My partner mainly supports me while I'm here, and I use savings and a loan from my parents if needed.

 

I'll also have written evidence that I'm planning to leave .

 

Is there anything else I can do to make this easier or is this generally a bad idea?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Chancy 6,241]

18 hours ago, chris_s said:

We haven't done the paper work for the fiancé visa yet. I'm not sure what options we would have for getting married without it?

 

Unlike in the UK, no special visa is needed to get married in the US.  Because you are currently in the US, you have these legal options --

1. get married now, file to adjust status, and stay until you get your travel permit or green card.  (If you leave now, this option will no longer be legally available to you next time on ESTA.)
2. get married now, return to your home country, and pursue a spouse visa.
3. if you are not ready to marry now, proceed with your plan to leave, and pursue a fiance visa.

In my case, my spouse and I chose option 2.  I got married in the US while on a tourist visa, then returned to my home country.  Several months later, I returned to the US for another visit.  CBP knew that I'm married to a USC.  A year and a half later, I returned with a spouse visa.

 

[CMJuilland 485]

Like others have said, nobody can tell you what will happen.  From personal experience, I can tell you that I was pulled into secondary once when I came back just five weeks after my last departure, but my previous visit had just been a 5 or 10 day visit, not a 79 day one.  Also, I had a return ticket for three weeks later, which is most likely why I was ultimately admitted. Personally, I would therefore not dare to show up at the border again with a return ticket two months out after an over 11 week visit had ended just 5 short weeks prior.  

 

I think you got really good advice regarding your options from other, more experienced people here.  Also from personal experience, I would go the CR1 route if I could start over again as it is, overall, less hassle.  

 

 

Best of luck to you and your future spouse, and I hope you will find the right way for your situation! 

Edited July 11, 2022 by CMJuilland

[caliliving 606]

Fiancé visa is a waste!!! Get married and apply for sos/greencard. It’s your best option 

if not please update us on how the Poe goes