# Time Limit Questions



## MMJ6 (Apr 6, 2013)

Hi,
I am a UK citizen and my fiancée is living in the US. In 2012, I travelled to the States on December 10th and visited all the way through to April 8th 2013. I'm looking to go back and spend more time there, this year.

I am posting to get information on how much longer I am able to come and visit in the 2013 calendar year. I have heard before about a 90 day limit (though when I booked my previous stay which was longer than 90 days, I was allowed through customs and was not informed or told otherwise that I couldn't stay that long. I've been told the requirement is 90 days that I need to spend back in the UK, then I will be able to stay another 90 days in the US.)

Since I stayed for over 90 days last time, will that impact the amount of time I can spend there while it's still 2013? Or am I safe to just book another flight for up to a 90 day stay?

Any other related information would be greatly appreciated. Thank you for your time.


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## grifforama (Mar 12, 2008)

MMJ6 said:


> Hi,
> I am a UK citizen and my fiancée is living in the US. In 2012, I travelled to the States on December 10th and visited all the way through to April 8th 2013. I'm looking to go back and spend more time there, this year.
> 
> I am posting to get information on how much longer I am able to come and visit in the 2013 calendar year. I have heard before about a 90 day limit (though when I booked my previous stay which was longer than 90 days, I was allowed through customs and was not informed or told otherwise that I couldn't stay that long. I've been told the requirement is 90 days that I need to spend back in the UK, then I will be able to stay another 90 days in the US.)
> ...


My guess would be that you have 90 days in WHATEVER TRIP you decide to take.
They cannot really stop you from visiting a country for any reason (apart from if you have convictions etc)
I'm sure you can visit however many times you want.
I'm surprised however, that they allowed you longer than 90 days last time. That should have raised questions.


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## MMJ6 (Apr 6, 2013)

grifforama said:


> My guess would be that you have 90 days in WHATEVER TRIP you decide to take.
> They cannot really stop you from visiting a country for any reason (apart from if you have convictions etc)
> I'm sure you can visit however many times you want.
> I'm surprised however, that they allowed you longer than 90 days last time. That should have raised questions.


Thanks for your input 
Yeah, I was rather confused to learn about the 90 day rule when I got back home. I actually stayed a week longer than planned last time, due to illness on the intended day of return, yet my original booking was still for something like 110 days.

Will this come up in the future, do you think? It was a mistake borne of ignorance and the customs officer didn't alert me to it. I just hope it doesn't raise future complications.


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## twostep (Apr 3, 2008)

[email protected]
Visa Waiver Program in conjunction with ESTA allows a stay of up to 90 consecutive days. Rule of thumb is 90 days between visits. 
You have a so-called overstay on your record. It may or may not cause complications. I recommend you have documentation for binding ties to the UK with you for your next entry.

[email protected]
"They" in form of US immigration officers can refuse entry and determine the duration of a stay be it VWP/B1/B2, ...


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## Davis1 (Feb 20, 2009)

it wsould appears that you overstayed the VW

From and including: Monday, December 10, 2012
To and including: Thursday, April 18, 2013

Result: 130 days

your passport would have been marked with a depature date 

you right to use trhe VW will be terminated forever

you will need to apply for a B-2 .. it will probably be denied 

you may not be returning toi the US for some years


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## BBCWatcher (Dec 28, 2012)

Davis1 said:


> it wsould appears that you overstayed the VW
> ....
> your passport would have been marked with a depature date
> you right to use trhe VW will be terminated forever
> ...


Whoa, slow down there, Davis. The U.S. has no passport control on exit, and thus there are no passport exit stamps with departure dates.

There is some data sharing, so U.S. CBP _might_ have some circumstantial evidence of an overstay. But let's not engage in hyperbole.

The better way to summarize the situation is that a CBP officer might raise questions if/when the poster attempts to reenter the United States. Denial of entry is possible -- as it always is for any non-citizen attempting to enter any foreign country, though the odds of denial are higher in the wake of an overstay.

There's not much that can be done about that. What is past is past. My advice would be: (1) don't lie or even try to be evasive, (2) be more prepared than usual for denial of entry (i.e. your return flight might be much sooner than you had hoped), and (3) don't overstay again. I also agree with the other advice to carry additional documentation if attempting to reenter the U.S. In particular, documentation of the illness and treatment in the U.S. that contributed to the overstay might be helpful.


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## Davis1 (Feb 20, 2009)

oh dear ..you do know that every flight sive 2001 is recorded with every passenger details 

andof course there is the I-94


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## BBCWatcher (Dec 28, 2012)

Davis1 said:


> oh dear ..you do know that every flight sive 2001 is recorded with every passenger details


I believe that's what I wrote ("there is some data sharing").



> andof course there is the I-94


Not for Visa Waiver Program (ESTA) participants (which the original poster is). Moreover, even when they do apply, airlines don't _reliably_ collect I-94/I-94Ws on departure from the U.S. as CBP officers are well aware.

It's also perfectly legal to depart the U.S. without checking in with anyone. Get on a boat and sail away, for example. *The U.S. has no passport control on exit.*


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## twostep (Apr 3, 2008)

The bottom line is that OP has an overstay.


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## BBCWatcher (Dec 28, 2012)

twostep said:


> The bottom line is that OP has an overstay.


Yes, as I posted, agreed.


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## MMJ6 (Apr 6, 2013)

Ok well, those were some mixed responses.

Thanks to everyone trying to help. Next time I go over there I will be taking plenty of evidence showing that I have been over to the USA 5 times and never failed to return home. I will also take documentation showing that I changed my return flight booking by a week last time I visited, though I have no proof of illness because I didn't visit a doctor.

I shall be open and honest about my overstay if asked, and inform them that the visit was booked while I was misinformed and I was not told about it at all while passing through US customs last time. I'll also be sure to tell them that I have become aware of the situation since leaving the US and will not make the same mistake again.

Is there anything else I could do/say to be less likely to be denied entry? Every little helps, right?

Just to be clear, my intentions are to marry my American fiancée, return home and apply for a spouse visa with intent to live with her. Will this affect my chances of being denied? I was told that bringing documentation that might insinuate an attempt to immigrate would be more likely to get me denied, but I will need at least my birth certificate with me in order to get married.

Thanks to everyone trying to assist.


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