# Confused, please help



## Patriotic (May 28, 2011)

What are the exact rules concerning the ESTA visa? i.e. Rhetorical Question - If I visit the USA from UK on 20th October for 50 straight days then fly back to UK, do i only have 40 days left to visit until 20th October the following year or does it reset after a specific time out of the country or is it 90 days per visit whatever.

So,

1. Is the esta valid for 90 days per calendar year?

2. Is it valid from specific months i.e. Jan to Jan - April to April

3. If you use 90 days straight, can you visit again within a year?

I know some of the questions repeat themselves but i just wanted to be clear. I have tried to find the answer to this but to no avail, please somebody help

Cheers,

Stu


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## twostep (Apr 3, 2008)

Slow down:>)

If you qualify for ESTA you are eligible for a consecutive stay in the US for up to 90 days. The final decision lays with the immigration officer at point of entry.

Repeat visits are ok as long as you have a valid reason. "Visiting my girl" is not necessarily one of them:>) 

How about giving us some detail about the repeat trips?


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## Davis1 (Feb 20, 2009)

Patriotic said:


> What are the exact rules concerning the ESTA visa? i.e. Rhetorical Question - If I visit the USA from UK on 20th October for 50 straight days then fly back to UK, do i only have 40 days left to visit until 20th October the following year or does it reset after a specific time out of the country or is it 90 days per visit whatever.
> 
> So,
> 
> ...


90 day in then 90 days out ..never exceed 180 days in a year 
you can do that for a year then no visits for 180 days ..is usually enough to placate the POE


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## Patriotic (May 28, 2011)

I visited the USA for 57 days from Oct 17th last year and returned to the UK on 9th December. I would like to visit again in mid march this year for approx six weeks and then also return to the UK. The reason for my visit is completely pleasure, seeing my wife. We got married in the states in late october and am at present waiting for the interviews, visas etc so I can go out there for good hopefully next year.


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## twostep (Apr 3, 2008)

Patriotic said:


> I visited the USA for 57 days from Oct 17th last year and returned to the UK on 9th December. I would like to visit again in mid march this year for approx six weeks and then also return to the UK. The reason for my visit is completely pleasure, seeing my wife. We got married in the states in late october and am at present waiting for the interviews, visas etc so I can go out there for good hopefully next year.


Congratulations!!!
Which visa route are you going?


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## Patriotic (May 28, 2011)

TwoStep,

Sorry for taking so long to reply, work has been busy.

At present, the wife is filing the I-130 with the USCIS. I think this means that we are going down the K-1 or CR1 visa process, I can't remember lol you'll probably put me right on that one.

Our situation is this, I am currently in the British Armed Forces but will be leaving at the end of this year. We are hoping to get the visa process completed so that when I leave the navy I will be able to go over and get a job in the US. Our house is in Virginia Beach.

Until this happens, I have quite a lot of leave owing to me and would like to visit her on the ESTA for about six weeks around March/April time. However, I last visited her for 57 days commencing on 17th October last year, flew back on 8th December and then she came to England on 22nd December for a couple of weeks over xmas.

I was just wondering what the exact rules were concerning the ESTA and the 90 day rule

Cheers,

Stu


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## twostep (Apr 3, 2008)

Patriotic said:


> TwoStep,
> 
> Sorry for taking so long to reply, work has been busy.
> 
> ...


The rules for VWP are not set in stone. Unfortunately! It may be a gamble but personally I have never had any issues with an immigration officer at point of entry. Arm yourself with information - leave statement, bank statement, info on the status of your immigration visa ... Everything you can think of that shows why you are pond hoopping.


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