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anyone ever got a new 90 day VWP ESTA after going to south america for couple weeks?

anyone ever got a new 90 day VWP ESTA after going to south america for couple weeks?

Old Aug 9th 2011, 9:51 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by petergus
ya for her we are already processing her citizenship and passport, its just the mother that is posing difficult. seems odd to me that no allowance would be made for this unless youre actually married. i mean it seem it would be more concrete and obvious if there was a child together vs simply being marrried.
Might be odd, but that's US Immigration. No special allowances are made for people who have a child together but are not married. You don't HAVE to be married RIGHT NOW to bring your partner here, though, as I said you can take a look at the K-1 fiance visa. Of course, you must get married within 90 days of her arrival in the USA on the K-1, but at least you can go through the visa process without having to be married up front.

huh?
He was asking if your daughter is not a USC (US Citizen), what C would she be, i.e. what citizenship does she have. But you've clarified that she's a USC, so that's good.

per ESTA: ive read that its not required when entering by land....maby its easier to get in via land through canada?? anyone ever do that??
Easier or not, I don't know, but by land one still has to fill out an I-94W form.

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Old Aug 9th 2011, 9:52 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by petergus
seems odd to me that no allowance would be made for this unless youre actually married. i mean it seem it would be more concrete and obvious if there was a child together vs simply being marrried.
I don't know; it seems more odd to me that the parents would not want to marry as that would show a certain level of commitment to each other and the relationship. Allowing an unmarried foreign parent to immigrate would open the door for even more people to come in: she immigrates, marries someone else from overseas, who immigrates, then has a child with a third overseas person, who immigrates, etc etc.

Originally Posted by petergus
What would c be?
huh?
I believe this was a reference to your list of options A, B and C, where C was "try for some other form of immigrant visa".
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Old Aug 9th 2011, 9:54 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by petergus
which makes me nervous to reapply for the esta....could just leave it, since it was filled out before any vsia applications. it seems that might be less risker then getting a denied esta and not being able atall!
That is the wrong thing to do.

Why not just start the K-1 process now, since you're very anxious to get things going? Then, wait a few months and try for ESTA approval again.

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Old Aug 9th 2011, 10:11 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by petergus
... could just leave it, since it was filled out before any vsia applications. it seems that might be less risker then getting a denied esta and not being able atall!
While this might seem the easier option, if she gets caught at the border (read = if they know there was a B-2 visa denial), she faces a lifetime ban from the US... and that'd pretty much be the end of her journey to the US. Further, she'd likely be held in detention until she's returned home, and your daughter would likely be held by CPS and either returned to her when it's time to go home, or given to you... after you satisfactorily prove that you're the father - and they're probably not going to take either your word or hers on the matter!

So... d'ya think she feels lucky? Do you? What's your risk tolerance if things go belly up?

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Old Aug 9th 2011, 10:33 pm
  #50  
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Pete,

I don't know how long or how often you've been seeing each other up until now. Perhaps your partner has made some visits to the USA to see you, or you visited her in EU. You've obviously been together at least almost a couple of years (you have a 1 year old together). So during this time together, have you guys not thought about how to live in the same country together? This is just now becoming an issue?

Why did she decide to go for a B-2 anyway? Did she get bounced at the US POE trying to use the VWP too many times? She wanted to come to the USA to see if she liked it? But what if she didn't? Were you going to move to her country in that case?

You say you don't want to rush into marriage...but after dating for 2 years and having a child together, doesn't it make sense to make it a permanent relationship? Or, wouldn't you know by now if you guys are right for each other and either take the step toward marriage or break up for good?

You seem in a really big hurry for her to come to the USA right now. She might not be able to. Don't feel desperate, that can make you do the wrong things and take steps that are actually detrimental rather than helpful to the long term goal. If you are missing them terribly and need to see them immediately, you should go visit them for now. Once you are together, in her country (or in a third country that she can visit), you guys can talk about which method to take long-term....get married now and do an Immigrant Visa, or start the K-1 fiance visa now and get married in about 8 months or so.

My point is that you're sounding kind of desperate at the moment, and that's not a good thing immigration-wise. Take a step back, look at the big picture, and plan the correct method for what your goal is.

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Old Aug 10th 2011, 10:22 am
  #51  
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by petergus
per ESTA: ive read that its not required when entering by land....maby its easier to get in via land through canada?? anyone ever do that??
As Rene has said, you still have to fill out the I-94W paper form when crossing a land border. However, in answer to your question, I have done it quite a few times (as my fiancé lives in WA and we make frequent short trips up to BC and back) and have generally found the CBP officers much more thorough (and even accusatory) in their questioning than when entering by air. Perhaps this is because the vast majority of the passports they see at those stations are US/Canadian and they thus pay a bit more attention when they get a different one. Perhaps it is because they know people view crossing by land as a soft option. I don't know, but based on my personal experience, my answer would be that, no, it is not necessarily easier to get in via land through Canada.
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Old Aug 10th 2011, 1:58 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

And it's worth adding that once caught and put in removal proceedings any attempt to marry a citizen will be met with extreme suspicion- you'd have to show "clear and convinicing" evidence that the marriage is genuine, which is a very difficult burden to meet.


Originally Posted by crg
That "no huge penalty" guidance is well known, but there is a big caveat. The people who give than advice presume you won't get caught. If something happens (traffic stop, arrested for something else, get caught on the way to depart, stopped at a checkpoint etc) and you are discovered in the US after the 90 days are up, you will likely be removed from the US as a VWP Removal. That carries a 10 year bar from coming back (it would be a felony to even attempt to return without special permission) and you could expect about 5 weeks in a jail without bail while waiting for them to make arrangements to transport you back to your home country.

Other than that, there is no huge penalty.
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Old Aug 10th 2011, 2:19 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

I think the bottom line is, do you really want this woman, with a one-year old in tow, to endure the stress of going back and forth across international boundaries, knowing that she could be rejected and sent back home at any moment? She has so many strikes against her, as far as the authorities are concerned: denied B-2, USC child, visiting said child's father, no job, spending more time in the US than in her home country. It can't be too much fun to sit on a plane with a little one and worry all the way across the Atlantic about what's going to transpire.
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Old Aug 10th 2011, 4:51 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

I got my B2 application rejected (due to being VWP eligible) and i got my ESTA renewed without any issue at all. It was approved approx 24hrs after I reapplied for it.

Also, I went to Mexico and when I returned (POE Houston) I was given a fresh 90days, this was back in 2005 though so things may have changed since then! I realise it is probably up to the POE officers to decide also.
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Old Aug 10th 2011, 4:57 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by deftoneuk
I got my B2 application rejected (due to being VWP eligible) and i got my ESTA renewed without any issue at all. It was approved approx 24hrs after I reapplied for it.
How long did you wait between the B-2 denial and re-applying for ESTA?

Also, I went to Mexico and when I returned (POE Houston) I was given a fresh 90days, this was back in 2005 though so things may have changed since then! I realise it is probably up to the POE officers to decide also.
Yep, things have changed since then.

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Old Aug 10th 2011, 5:03 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by Noorah101
How long did you wait between the B-2 denial and re-applying for ESTA?
If i remember correctly it would have been less than a month. I flew back to the USA pretty soon after my B2 rejection, but didnt realise I had to reapply for my ESTA, so I got grilled pretty good at the POE, although they did eventually let me in (a few hours later). I done the ESTA pretty soon after that, got the approval the next day, no problems!

Although at the POE I do sometimes get asked why the B2 was rejected, I have never had a problem entering.
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Old Aug 10th 2011, 5:08 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by deng890
And it's worth adding that once caught and put in removal proceedings any attempt to marry a citizen will be met with extreme suspicion- you'd have to show "clear and convinicing" evidence that the marriage is genuine, which is a very difficult burden to meet.
That's true for normal removal cases, but VWP Removal cases generally don't even get a removal proceeding per se since the VWP traveler has already waived their right to such a hearing or review. They usually just get ordered removed without the case ever seeing an immigration judge.

Frankly, someone who jumps the fence and enters without being admitted or paroles has more of a right to review than someone who is admitted under the VWP.
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Old Aug 10th 2011, 5:17 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

ya its far out. was just talking about those so called 'rights' this morning. might just be an idea to jump the fence? haha

well i guess were gona go for the ESTA and then talk over serious further plans when shes here.

i remember reading somewhere about something called 'extreme hardship'. what i mean is if she cannot enter, obviously my baby daughter cannot enter and therefore i, as a us citizen, would suffer extreme hardship not being with her (the child who is also a US citizen).

does anyone know anything about this clause?
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Old Aug 10th 2011, 5:33 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

Originally Posted by petergus
i remember reading somewhere about something called 'extreme hardship'. what i mean is if she cannot enter, obviously my baby daughter cannot enter and therefore i, as a us citizen, would suffer extreme hardship not being with her (the child who is also a US citizen).

does anyone know anything about this clause?
I think that applies to those who need a hardship waiver to overcome visa ineligibility (like K-1 or Immigrant Visa).

Not sure if it would be seen as a real hardship, though, as you and your daughter have been living apart for a year already without that hardship.

Why can't you go see them?

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Old Aug 10th 2011, 5:51 pm
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Default Re: anyone ever got a new 90 day VWP ESTA after going to south america for couple wee

i have been there many times. but living there is impractical.

well i guess we cross that bridge when we come to it. just wondering if that clause might work for the B2.
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