# VWP problems



## Skippy13 (Oct 1, 2008)

So my girlfriend is in the US and I want to visit her fairly often. Im lucky enough to run my own business and can work remotely from anywhere so taking periods of time to visit her isnt a problem.

however, Ive heard of problems entering the country for long periods of time on the VWP. Would I be likely to face objections if I intended to stay for close to the 90 days? And how often could I feasibly visit? Anything I could do to prove that I have no immigrant intent?

Thanks


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## twostep (Apr 3, 2008)

a) Your intentions may be 90 days but your stay depends on the discression of the immigration official at point of entry.
b) You will probably be questioned depending on the frequency of your visits. Have proof of binding ties such as contracts, deeds ... to plead your case if necessary.


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## Skippy13 (Oct 1, 2008)

twostep said:


> a) Your intentions may be 90 days but your stay depends on the discression of the immigration official at point of entry.
> b) You will probably be questioned depending on the frequency of your visits. Have proof of binding ties such as contracts, deeds ... to plead your case if necessary.


Would there be any benefit in booking a shorter stay and then extending it once in the country? As I know they dont keep track of when you leave....

How stringent are they likely to be? What would be the outcome if I was denied entry? Would entering the USA again be impossible?


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## twostep (Apr 3, 2008)

Skippy13 said:


> Would there be any benefit in booking a shorter stay and then extending it once in the country? As I know they dont keep track of when you leave....
> 
> How stringent are they likely to be? What would be the outcome if I was denied entry? Would entering the USA again be impossible?[/QUOTE
> 
> ...


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## Bevdeforges (Nov 16, 2007)

Skippy13 said:


> Would there be any benefit in booking a shorter stay and then extending it once in the country? As I know they dont keep track of when you leave....
> 
> How stringent are they likely to be? What would be the outcome if I was denied entry? Would entering the USA again be impossible?


Oh yes they do track your leaving the country. To the extent that, if you leave sometime and the airlines "forgets" to remove the little green receipt from your passport to send in, you had better send it in as soon as you discover the mistake. (Though as I understand this new tracking system replaces the old green VWP forms.) 

There are people who have been accused of overstaying their VWP because of the airlines error in not reporting their departure.
Cheers,
Bev


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## Skippy13 (Oct 1, 2008)

I have no idea what esta or I94 are....could you explain? 

I really dont want to get on the wrong side of immigration but I also want to see my GF as much as possible. So producing employment contracts, tenancy agreements etc would strengthen my case? 

So when I go through immigration, the officer has a record in front of them saying when I last entered the country and left? 

What would be a general rule as to how often I could reasonably visit and stay?

Is working in the country (albeit remotely for a company based in the UK, my own) a problem? Im not looking for a US job, simply to carry on with my own work whilst in the country


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## Fatbrit (May 8, 2008)

Skippy13 said:


> Would there be any benefit in booking a shorter stay and then extending it once in the country? As I know they dont keep track of when you leave....
> 
> How stringent are they likely to be? What would be the outcome if I was denied entry? Would entering the USA again be impossible?


You are looking for something that isn't there. Spend--at the very, very least--as much time out as you spend in. Don't push the VWP entry into the high eighties on every visit. If you're lucky, I'll give you a year or two on visits before you're turned back.

If you want to live here, you'll have to choose a visa suited to the task.

The only person who has the right to come and go as s/he pleases is a USC.


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## Skippy13 (Oct 1, 2008)

Thanks FB, I wouldnt go as far as being in the 80's every time I go....most likely shorter visits every two months or so. 

If I was turned back, would I still be able to enter the USA for again? I think we'll only be doing this for a year or so before we make a choice about marriage etc.


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## Fatbrit (May 8, 2008)

Skippy13 said:


> Thanks FB, I wouldnt go as far as being in the 80's every time I go....most likely shorter visits every two months or so.
> 
> If I was turned back, would I still be able to enter the USA for again? I think we'll only be doing this for a year or so before we make a choice about marriage etc.


Depends how you're turned back. But basically once you've been given the third degree and water torture in secondary, the VWP game's up. You might get a warning beforehand if you're lucky along the lines of "We don't want to see you again for a long while".

As you eventually have plans to live here, be very careful about protecting your immigration record. Just because you were returned to whence you came on a VWP trip is pretty immaterial for subsequent immigration status based on marriage. However, any misrepresentations on your part can come back to haunt you. Be truthful at all times but only answer the questions they ask you.


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## Skippy13 (Oct 1, 2008)

I completely understand that and will definitely be careful around immigration. I have held several J-1 visas and have entered many times on the VWP without ever overstaying or causing any problems so hopefully that will count in my favour.

So the best thing I can do to avoid problems seems to be to visit for shorter periods of time and visit less frequently (spending as much time outside as in..although I will try and spend double the amount of time outside i.e- If I visit for one month I will stay out for two) Does that sound acceptable? Any your saying once im questioned, I pretty much wont be able to enter on the VWP again?

Thanks, sorry so many questions but just wanna play by the rules and know all my options


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## twostep (Apr 3, 2008)

Skippy13 said:


> I have no idea what esta or I94 are....could you explain?
> 
> I really dont want to get on the wrong side of immigration but I also want to see my GF as much as possible. So producing employment contracts, tenancy agreements etc would strengthen my case?
> 
> ...


ESTA - you are a bit behind the power curve here
ESTA: Apply for Travel Authorization

I94 - 
Filling Out Arrival-Departure Record, CBP Form I-94, for Nonimmigrant Visitors with a Visa for the U.S. - CBP.gov


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## twostep (Apr 3, 2008)

Skippy13 said:


> I completely understand that and will definitely be careful around immigration. I have held several J-1 visas and have entered many times on the VWP without ever overstaying or causing any problems so hopefully that will count in my favour.
> 
> So the best thing I can do to avoid problems seems to be to visit for shorter periods of time and visit less frequently (spending as much time outside as in..although I will try and spend double the amount of time outside i.e- If I visit for one month I will stay out for two) Does that sound acceptable? Any your saying once im questioned, I pretty much wont be able to enter on the VWP again?
> 
> Thanks, sorry so many questions but just wanna play by the rules and know all my options


It does not matter what you have done or how you have entered the US in the past.

If you bother to read up on VWP you can answer your questions - it is not intended for regular entry with the intent to work here even on a remote basis. 

There is no acceptable or unacceptable. It depends on the immigration officer at point of entry. Sooner or later they will catch on.

It is not "pretty much" - it is "will not without visa".


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## Fatbrit (May 8, 2008)

Skippy13 said:


> I completely understand that and will definitely be careful around immigration. I have held several J-1 visas and have entered many times on the VWP without ever overstaying or causing any problems so hopefully that will count in my favour.
> 
> So the best thing I can do to avoid problems seems to be to visit for shorter periods of time and visit less frequently (spending as much time outside as in..although I will try and spend double the amount of time outside i.e- If I visit for one month I will stay out for two) Does that sound acceptable? Any your saying once im questioned, I pretty much wont be able to enter on the VWP again?
> 
> Thanks, sorry so many questions but just wanna play by the rules and know all my options


Problem is that there aren't really any rules since there is no review of CBP's decisions, especially on VWP entry where you sign away all of your few rights.

Whether you need a visa or not after you've been denied entry depends on how they turned you away. If they allowed you to withdraw your application for entry, you can in theory still use the VWP. But your card is still marked in their records. Anything else and you'll need a minimum B1/2 -- which is not easy to get.


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