# maximum number of days allowed to spend in the US for a belgian citizen.



## lbxl74 (Sep 8, 2009)

Hello everyone,

I'm a belgian citizen, living in Brussels, and my boyfriend is an american citizen living in NYC.
Since my job (flight attendant) allows me to fly for a cheap price (and trust me that's the only good part!) We thought we could live together over there(I would fly back and forth between my flights). I would basically spend 13 days/month plus my work layovers in NYC (although when Im there for work, I use my "crewman visa, C1/D). So in total that would be about 25 days.
I don't have the right to officialy live in the US but I don't intend to find a job, open a bank account, sign a lease etc and I would of course keep an adress in Europe.
So could I have problems with the Immigration officers when entering the country? Could they deny me entry into the country for being there too often? Is there a limit regarding the number of days I can spend there per year (besides the 90 days in a row rules which wouldn't apply to me since I would exit the country several times a month)?
thank you for your help.


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## twostep (Apr 3, 2008)

@@@FatBrit - How do you see it? Unless her work schedule brings her to the US it is considered pleasure and ESTA? Thank you.


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## lbxl74 (Sep 8, 2009)

twostep said:


> @@@FatBrit - How do you see it? Unless her work schedule brings her to the US it is considered pleasure and ESTA? Thank you.


Please I really need your help. A coworker of mine told me he was doing that for 2 years (in L.A.) and that it was totally fine but since there's no official rule , I'm afraid immigration officers might just decide from one day to another that I've spent too many days in the US and that I'm not allowed to enter the country anymore...


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## twostep (Apr 3, 2008)

Hold your horses. This crisis did not rear its head this morning. 
First of all - hear say is nothing you can rely on. No official rule? Read the rules for your C1/D. Read the rules for VWP. You are intentionally planning to violate them. You have to consider purpose not only number of days of stays. 
Unless you are working you cannot use your C1/D priviliges through immigration. Either immigration or your airline will catch on pretty soon. How long you can stretch this? It is a gamble. How will a secondary interview or even a refusal of entry affect your work status? HR will be able to answer this.


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## lbxl74 (Sep 8, 2009)

twostep said:


> Hold your horses. This crisis did not rear its head this morning.
> First of all - hear say is nothing you can rely on. No official rule? Read the rules for your C1/D. Read the rules for VWP. You are intentionally planning to violate them. You have to consider purpose not only number of days of stays.
> Unless you are working you cannot use your C1/D priviliges through immigration. Either immigration or your airline will catch on pretty soon. How long you can stretch this? It is a gamble. How will a secondary interview or even a refusal of entry affect your work status? HR will be able to answer this.


I guess I wasn't clear enough.
When my airline send me to the US (4 to 5 times a month, NYC or other cities), I have to use my C1/D visa to enter the country since I'm there for work.
I don't intend to use this visa when I'll enter the country on my days off.
I'm part of the visa waiver program, so that's what I'm gonna use when I'm not entering the country for work. My question is: how often can I enter the country without getting into trouble with immigration. I'd like to spend as many of my days off as possible in NYC. And once again, I don't intend to work illegaly, stay over than 90 days in a row or do anything that would be unlawful. And I'll still have an adress in Europe. I just wanna spend as much time as possible with my boyfriend.


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## twostep (Apr 3, 2008)

There is no given answer. Forget days-in-country, no job, no this, no that. Your entries depend on the immigration officer. 
No I am no trying to be funny - been there.
My concern is your work visa. Get my questions answered please. Passion and paychecks do not always see eye to eye. Please!


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## mamasue (Oct 7, 2008)

My daughter is also cabin crew... she works for British Airways so she comes and sees me often.... she comes on the VWP.
She often gets hassle from Immigration Officers....
"why do you come so often and only stay a few days?" "Only got a few days off work!!"
"Why is your passport so full?" ("I'm cabin crew.... I fly every day!!"
"Why are you bringing so much stuff for just a few days??"... she brings me stuff from England!!
She's almost on first-name terms with the guys at secondary immigration in Atlanta!!


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## twostep (Apr 3, 2008)

Mamasue - The immigration officers are doing their jobs. Your daughter has an unusual entry/exit pattern, good reason to try to stay ... VWP is not intended as commuter visa.


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## mamasue (Oct 7, 2008)

twostep said:


> Mamasue - The immigration officers are doing their jobs. Your daughter has an unusual entry/exit pattern, good reason to try to stay ... VWP is not intended as commuter visa.


Yes I realise that.... it's just annoying that we have to wait at Atlanta airport for her...
If she wanted to stay... she would have stayed one of the last 20 or so times!!!
But she's very good humoured about it.... and expects it now!!


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## twostep (Apr 3, 2008)

mamasue said:


> Yes I realise that.... it's just annoying that we have to wait at Atlanta airport for her...
> If she wanted to stay... she would have stayed one of the last 20 or so times!!!
> But she's very good humoured about it.... and expects it now!!


If you live in the Atlanta area it makes no sense to pick her up at the airport. Martha is cheaper and faster and you have no parking fees at the station you pick her up.


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## lbxl74 (Sep 8, 2009)

twostep said:


> There is no given answer. Forget days-in-country, no job, no this, no that. Your entries depend on the immigration officer.
> No I am no trying to be funny - been there.
> My concern is your work visa. Get my questions answered please. Passion and paychecks do not always see eye to eye. Please!


Hey Twostep,

When it comes to my work visa, I've never had any problem with it. I mean that Immigration Officers never ask any question when I'm entering the country for a work related layover. They're used to see a whole crew arriving everyday at the same schedule and they also know exactly when we will be leaving.
Of course if I'd lost that visa that would mean that I wouldn't be allowed to fly to the US for work but my airline wouldn't fire me for that. They'll just assign me to other destinations (South America, Asia etc).
But hear me, my goal is not to lose that visa. I love coming to the US.
So when it comes to my problem what would you recommend?
Since my boyfriend and I really wanna be together (and he can't come to Europe for family reasons) I thought about moving to the US but there again how to do that? Finding a job and being sponsored by an employer? Is that realistic? 
Marriage is not an option, I haven't been clear about that but we're gay so as long as the US Federal Government doesn't recognize gay marriage...
Any idea is welcome.
Thank you


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## Fatbrit (May 8, 2008)

lbxl74 said:


> Any idea is welcome.


I'll give you the common ones...and then knock them out for you!

Family -- as you say, same sex marriage doesn't count for America immigration. However, it should be pointed out that most European countries will accept it for immigration benefits -- so it's going to be a lot easier for your partner to move to you.

Employment skills -- cabin crew simply ain't gonna make it. Are you hiding any other talents or qualifications?

$$$ -- starts at 250k and up if starting from scratch. Could possibly get as low as $100k if you already owned a substantial business in your home country.

Diversity visa -- if you qualify, apply this fall @ Electronic Diversity. Application is free.


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## twostep (Apr 3, 2008)

lbxl74 said:


> Hey Twostep,
> 
> When it comes to my work visa, I've never had any problem with it. I mean that Immigration Officers never ask any question when I'm entering the country for a work related layover. They're used to see a whole crew arriving everyday at the same schedule and they also know exactly when we will be leaving.
> Of course if I'd lost that visa that would mean that I wouldn't be allowed to fly to the US for work but my airline wouldn't fire me for that.


As you said "had". Unfortunately you cannot rely on how things were handled in the past. 

All you have to do is go through the official site - employer, investment, diversity seem to be your options. Europe is an easier target but if your other half is tied because of his family ... all you can do is gamble.


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## Fatbrit (May 8, 2008)

twostep said:


> @@@FatBrit - How do you see it? Unless her work schedule brings her to the US it is considered pleasure and ESTA? Thank you.


The C/D entrances are not a problem -- that's a normal pattern for aircrew. The VWP entrances are always a problem. Eventually they will twig at immigration that love is in the air -- and it's all downhill from there on in.


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## twostep (Apr 3, 2008)

Fatbrit said:


> The C/D entrances are not a problem -- that's a normal pattern for aircrew. The VWP entrances are always a problem. Eventually they will twig at immigration that love is in the air -- and it's all downhill from there on in.


This is a given. Come furlough time mole hills have growth potential.


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## mamasue (Oct 7, 2008)

twostep said:


> If you live in the Atlanta area it makes no sense to pick her up at the airport. Martha is cheaper and faster and you have no parking fees at the station you pick her up.




Nice idea.... but we live in NW GA.... nowhere near MARTA.


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## twostep (Apr 3, 2008)

mamasue said:


> Nice idea.... but we live in NW GA.... nowhere near MARTA.


Then pick her up at a Martha commuter station. Saves you two trips into Atlanta plus parking.


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