Recommended time inbetween trips to the USA under ESTA visa

[linda_e]

Hello,

I'm hoping that I can get some answers or opinions on this topic from past experiences or concrete knowledge.

I am from Sydney, Australia and my partner lives in Las Vegas, Nevada. We're currently in the process of applying for the K-1 visa but understand that the actual visa process probably won't be complete and issued until early February next year.

In the mean time, I would still like to return to the US to see him as much as possible. This will be done under the ESTA program until the K-1 is issued. I understand that this scenario is up to the point of entry and the discretion of the officer on the day, however I was hoping anyone who has any past experiences or have heard of anything related to this might be able to help.

The Situation
- I visited the US for a month between June and July 2012.
- I currently have tickets bought and plan to visit for 2 weeks between Aug 31- Sept 17.
- After this, I plan to make another trip again in December and stay for as long as possible before returning to Sydney in late January (the approximate time of my K-1 interview). So we're looking at a stay of around 2 months.
- After the K-1 is issued, I then plan to return to the US as soon as possible and enter under the K-1 instead of the ESTA- this will probably be around mid February. This will be the official migration and I will apply for residency straight after the marriage.

Questions

Firstly,
- What are the chances of flags being raised in my upcoming trip in 2 weeks? I am only visiting for 2 weeks and it has been 1.5 months since my last visit. This trip is to celebrate my 21st birthday in Vegas along with seeing my partner.

Secondly,
- After this trip in September, what are the chances of flags being raised in December? It will be for a stay of ~2 months, and will be 2 months since my last visit in this upcoming trip.
- And then for me to return again 2-4 weeks later (after I've done the K-1 interview in Sydney), I'm sure it will raise some eyebrows at the border- however can they really deny me entry on the K-1 which permits me to enter once to get married? I understand that in total this will mean 4 trips in under 6 months however apart from the last trip, there has been a 1-2 month gap in between trips, and each stay varies in a pattern of 1 month/2 weeks/2 months.

Thirdly,
- I understand that honesty is the smartest option but say if I were to be questioned at the border in December about whether I plan to be migrating, would it be better to:
a.) Show proof of our K1 application process and admit that I do plan to move after the K1 is issued, however I have a return ticket and will be returning to Sydney before the K1 is issued; or
b.) Claim that I am only visiting friends and family and not to mention the K1 since the visa has not been officially issued yet.

Lastly,
- All in all, I'm wondering whether I should cancel my upcoming trip in September so as to lower the chances of raising flags in December. Or will both trips be able to pass by without too much of a hitch (hopefully)?

My proof of ties to my country:
- Currently studying and enrolled in my Bachelor's degree at university.
- Currently employed in a casual job in Sydney.
- Return ticket for every trip (except for the last one where I will be entering on the K1).


Any kind of help or advice would be hugely appreciated, thanks!

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[speedysteve]

Hi Linda e

Speaking from personal experience.

Over the past 5 years I have travelled back and fore from the UK to the US numerous times ( average of 4 times a year ) on the ESTA visa waiver program with stays varying from a week to 3 months ( 90 day limit on single entry ) and never had a single problem. Time between trips also varied from a couple of months to a week, maximum total stay in US over one year was 210 days !

I was always carrying a letter of invitation from my company which clearly stated I was not working or being paid by a US interest during my visits but was on training and attending management meetings ( which are allowed under the visa waiver terms )

I did get questioned a couple of time about the large amount of time I was spending in the US and whether I was actually "working" which I wasn't.

Just be honest, dont volunteer information, just answer specific questions clearly briefly and totally honestly and youll be fine, the folks at immigration are not ogres and have always been totally reasonable with me.

I now have an L1-a visa and am about to move to the US on a permanent basis, I visited on this visa for the 1st time last month and actually this was the most intense questioning I have ever had, 2ndary interview after the guy in the booth which took some time but again wasn't a problem

I really wouldnt worry about it, take any documentation you have to prove you have ties back home, they probably will not ask to see it but if you have it with you it gives you a little more confidence and you have something to show if they do ask.

I'm no expert but i think the immigration guys base their appraisal of your status more on how you act and how stressed you look than actual documentation

They have to go through soo many people in a day I think their trained to spot the nervous types in seconds if your calm and honest I very much doubt you'll have a problem.

SS

[JohnBoy]

Originally Posted by linda_e

Thirdly,
- I understand that honesty is the smartest option but say if I were to be questioned at the border in December about whether I plan to be migrating, would it be better to:
a.) Show proof of our K1 application process and admit that I do plan to move after the K1 is issued, however I have a return ticket and will be returning to Sydney before the K1 is issued; or
b.) Claim that I am only visiting friends and family and not to mention the K1 since the visa has not been officially issued yet.

Re "Thirdly". Trust me from personal experience, the guys at the border already know everything about you so it is not worth trying to hide anything.

It is worth following Speedysteve's advice and simply answer directly any question you are asked. Do not volunteer any information unless asked for and do not try to hide anything and you will be fine.

My personal experience related to being pulled from the line last year for UNDERSTAYING a visa 7 years earlier. I only completed 2 weeks of a 3 week study course and that was enough to get me held. Fortunately they had on record a communication from the school concerned that confirmed my story but it goes to show that everything is held.

[Elysium]

I'm in a similar situation for the number of trips in a year:
Went for 6 weeks in October/November 2011 - was to see friends I hadn't seen for 6 years. Met my now girlfriend

Went for just under 4 weeks at the end of Feb till March - no problems

Went for 4 weeks at the end of June till July - first "flag" - got pulled out of line into a special waiting area. Was asked some questions in here and had my luggage searched. Was not taken into a private room so I don't think they were that worried about me

Am going back for a friends wedding on September 12th for 3 and half weeks. I plan to attend the wedding then stay with my girlfriend for 3 weeks. This trip I am really concerned about being sent back home after the last entry experience. Not much I can do about it, just make sure I take proof of my plan to come back home, but I don't have much. I work a casual job (which is why I can take so much time off) and my uni course doesn't start until february, so i am not official enrolled on it yet. About all I can take with me is a return flight ticket and perhaps some bank statements.

My advice - be completely honest with immigration, but don't volunteer information. If they ask you a question that you can answer with just a "yes" or "no" then do so - do not elaborate unless asked. The more information you give up the more they can question you on. Last time I came through I got asked if I was dating anyone back home. All I said was "no" they did not ask me if I was dating someone in the US, and I didn't tell them I was.