petergus

im wondering, if one is to enter the US with the VWP and go to central or south america before the 90 days, will they get a new 90 day stamp?
has anyone ever experienced this?

Nutmegger

Reading between the lines on all your posts, I think I hear wedding bells in your future!

petergus

lol ya, thats the thing, were not ready to jump into that, just want to try living together in the states for a year, but it seems america is still so conservative they dont have many options for that!!

Noorah101

100% correct. There is no way of living together for a year in the USA. If you come to the USA as a visitor, you are visiting, and cannot stay a year.

Rene

petergus

ya, thats why i wonder if its possible to take trip out ever 90 days. like go to central america for a couple weeks.

i also heard there is no huge penalty for up to 180+90 days, can still apply for an immigrant visa after that.

would be easiest i guess to just apply for an immigrant visa when already in the US with the VWP...possible?

md95065

It is possible but it is illegal to enter the US using the VWP with the intention of doing that.

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.

petergus

oh my
so better to leave and come back...so would be great to hear how that worked out for anyone else?? 2 weeks outside can/mex/us then back fresh?

Noorah101

I don't know how far away you need to go in order to get a new 90-days, BUT being out for only 2 weeks is probably not going to cut it. Rule of thumb is to be outside the USA for as long as you were just in. So if you spend 90 days in the USA, you should be OUT 90+ days before attempting another VWP visit.

Well, if you don't mind being in an overstay situation where you could be subject to removal from the USA if discovered....and also don't mind NEVER using the VWP again in your life....your choice.

Sure, the I-130 can be filed while you are in the USA on the VWP, that's not a problem at all. However, you should leave the USA before your 90 days is up. You cannot stay in the USA the whole time, unless you go into an overstay situation. You'll still need to go back home to finish the visa process anyway. You are allowed to come back and visit the USA while the Immigrant Visa process is going on. Immigrant Visa process takes about 8 - 10 months from filing I-130 to Visa Interview.

Rene

christmasoompa

I thought that Canada/Mex and other contingous territories didn't reset the VWP clock? i.e. you go there on day 80 and turn around and come back to the US, you've still only got a max of 10 days left?

Could be wrong though, but I thought that was the case, hence why the advice is to spend at least as long again outside of the US as you've spent inside before trying to reenter.

Noorah101

NO. Going to Canada or Mexico will NOT give you a new 90 days. Plus, coming back to the USA after a very short stay outside the USA (even further away) is called "back-to-back" VWP trips, and will get you ultimately stopped at the POE for trying to live in the USA as a visitor.

Rene

Noorah101

You are correct.

Rene

petergus

so then the case would be (with the i-130) that you could travel back and forth to the home country with the VWP untill the immigrant visa is processed, or do you get some special handling since you have an immigrant visa in process??

Noorah101

No special handling. It would be VWP travel as normal.

Rene

Noorah101

I'm not telling you what to do, but here is how your overall picture would go:

1. Come to the USA on the VWP. Get married shortly after entry. File the I-130 as soon as you can after marriage. Stay your 90 days in the USA and go back home.

2. Stay in your home country for 90+ days, then try another VWP trip. By the time you return home after that trip, you'll be about 3/4 of the way done with the whole process, and it will be time to book your medical and visa interview back home.

3. Attend the medical and visa interview back, get your Immigrant Visa in hand, and then return to live permanently in the USA.

So as you can see, you can make 1 VWP in order to get married and start the process. During the whole process, you probably only have time for 1 more VWP visit. Then you'll be done with the whole process.

Rene