scoobysteve

Hi all I know this is probably a dumb question but here goes anyway.
I know that if I enter the US and visit Mexico during my 90 day stay and re enter the time comes off the original VWP, but what country or colony is the closest to the US that would require a new VWP.
Or if after leaving the US with 20 days left on the VWP if I flew back to the UK and re entered after a week would I be still on my original VWP and only have a few days left or would I be allowed back in with a full 90 day potential stay available. If the Border control officer allowed me in that soon.

lisa67

I believe the rule of thumb is that you stay out of the US for at least the amount of time that you were here ie: 20 days in, at least 20 days out before trying to return on VWP.

Can't help with the other part of your question...but someone will come along soon..when they've woken up!

Ray

Already answered elsewhere

MsElui

just remember there is no guarantees as your trying to get around the law (ie if they wanted you to come visit for more than 90 days at a time they would have made the vwp longer!).

scoobysteve

MsElui, I am not trying to break any laws I most certainly do not want to overstay that would be stupid. It just seems that there is no cut and shut answer to just how long you can stay in the US on each trip verses the amount spent away. There is a general rule of thumb (so I am begining to believe)that it is as much time away as spent but how long can you do this for ?? It seems that its in the hands of the border control person no matter what visa you have which seems a bit unfair, if there are laws then surely each and every BCO should apply these laws identically based on a set of written rules that would be nice to know rather than go on speculative guesses from people on sites like this.

Folinskyinla

Really? OK, I'll take you at your word -- you do not want to "break" laws. "Circumvent" the law, definitely. My colleagues who practice Tax Law refer to this as "evasion" as to opposed to "avoidance."

Look, you are talking about a fair amount of money here. You've got it, mazel tov to you.

Some of your postings indicate to me that you really don't understand US law.

Given the amount of money you talk about, don't you think some professional advice is in order. Ray likes to recommend the Hodkinson Law Group in London www.usvisalawgroup.com . I join in his recommendation in that I know Ms. Hodkinson quite well and she is good.

Good luck.

scoobysteve

Folinskyinla,

Yes thanks for your comments your right I don't know US law, but before taking that route I thought I would get some ideas of of fine folk like yourself, but I seem to have rubbed a few noses out of place for that I am sorry.

meauxna

I occurs to me that if you "know" this (bolded) then you would have found the answer to your next question in the following paragraph.

You can find out some background on the VWP and your questions at travel.state.gov and cbp.gov

scoobysteve

Ray, as mentioned before about our trip to the Caymans please find the copy of the stamps we received on entry and re entry.

Nothing was said to us on re entry as to how long we could remain in the US but if you were a typical tourist you would go on what you could see and that showed us we got given another 90 days. Its all very confusing

Folinskyinla

Hi:

Another reference is to a participant on this list: J Fong. www.fongandchun.com

Disclosure -- I am not associated with Fong & Chun, but we do share office space.

Ray

So it seems ..producing UK passports they just presumed I expect ...
it does happen ..but you can't bank on it ...

People have come back and forth regularly for multiple times
as seen on this site without a problem... but eventually it catches
up and you get a big no entry for you ...and are sent back

meauxna

Someone made a mistake in your favor. You never gave someone too much change?

MsElui

All i was trying to say is that they will know about every visit you make. If they think you are trying to get around the intention (ie the vwp is JUST an inferequent short visit) then they will eventually act. They may let you do it several times, or ten times (insert random number here) or whatever but eventually you will be denied. Then it will just be even harder to come back in the future.

You are lucky in that you have the funds available to you to make an investment and get a GC that way - a hell of a lot of the posters on here DONT have that option and in fact have zero ability to get the US GC they desire so badly- so you are in fact a lot better off than most. It may not be your route of choice but it is a workable route to what you want in the end.

Orangepants

Hi,

My fiance commuted between Cayman and US for 2.5 years on the VWP and only taken to secondary once. He got a new 90 day stay each time. He was very lucky (or stupid). He spent more time in the States than Cayman (building up contacts and training in soccer etc - not earning.)

Once he got his legal status, and our house build was underway - I hoped to enter the States for 80 days, back to Cayman for a couple of weeks (I was still working in Cayman) and enter the States again until the house was finished, approx 50 days.
I was taken to secondary when I tried to re-enter after the two weeks back in Cayman, I was not denied entry (did get 90 days) but I was told not to use the VWP again and to get a B1/B2 which I did next time in London. I have not used the VWP since. Fortunately I was eligible for a business visa.

The point being it doesn't matter what country you're coming from or how and when the rule is or isn't strictly enforced... if a viligant POE notices your repeat trips of whatever duration - they dont want you to live here and abuse their visa system, no matter what your financial situation is. Some get through ie my fiance, some dont..... I'd love to live here full time without a visa but I cant. Still working on it!

I agree with MsElui, buy the greencard - best investment you'll make.

NB On my B1/B2 I very rarely get 90 days. I usually just get a month or even less, there's no rule to stay you will be given 90 days. I am in Charlotte now and was given 90 days this trip but only requested 21 days.

Bladerunner

True, continuous abuse of the VWP will eventually lead to a denial. But there is a decent chance you will still be admitted, albeit with a warning, the first time you are sent to secondary.

That is what happened to me anyway. I took it as a warning and stayed out for about 9 months afterwards before returning on a B1