ESTA/tourist visa question

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Old Apr 19th 2019, 10:06 am
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Default ESTA/tourist visa question

Hi everybody, this is my first time posting on here and I'm hoping you can help. My girlfriend lives in the US and I live in the UK. I'm trying to visit her over summer but my previous ESTA has nearly ran out from my last visit (83 days in the US in the last 2 years). I applied for a new ESTA after reading online that a new ESTA would reset the number of days I could be in the US however, I've since been informed that that might not be the case. Does my new ESTA give me a new 90 day period of stay in the US or do I only have 7 days remaining? If I can't stay for longer than 7 days with my ESTA then is there an alternative I can apply for (like a B2 visa)? Also any advice for the reason for travel as I realise visiting a girlfriend might be frowned upon under this Visa type (we have photos and a relationship status on facebook however and I'm unsure if this is checked). Thank you for any advice you can give.
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Old Apr 19th 2019, 10:10 am
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Default Re: ESTA/tourist visa question

Hi, welcome to BE.

It's not a max of 90 days per 2 year ESTA period, it's a max of 90 days per visit. If your current ESTA is about to run out, you simply need to apply for a new one and then you'll be given up to 90 days on each entry in to the US (it may be less at the discretion of the immi officer, but the usual is 90 days).

Don't apply for a B visa whatever you do! A quick search of the forum will tell you why.

HTH.



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Old Apr 19th 2019, 10:24 am
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Default Re: ESTA/tourist visa question

Thank you so much for your help and advice. That's brilliant news and I'll definitely take your advice and leave the B2 alone.
Thank you again.
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Old Apr 19th 2019, 11:55 am
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Default Re: ESTA/tourist visa question

If this is something that you want to keep, don't abuse the system. Do not stay on a regular basis for close to the full 90 days. Make sure you spend as much time out of the US as you do in! If your relationship is fortunate enough to progress further then you want to ensure you have zero black marks against your name.
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Old Apr 19th 2019, 12:00 pm
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Default Re: ESTA/tourist visa question

To be clear the ESTA gives you 0 days, an approved ESTA let’s the airline bring you to US and then you seek entry under the Visa Waiver program.

https://travel.state.gov/content/tra...r-program.html

If you are granted admission it is normally for up to 90 days, never book a trip that long, if something happens and you fail to leave on time you will have an overstay and lots of issues, even if the delay is not your fault.

Your issue really is that there are no published rules for patterns of stays, some people recommend that you stay out as long as you have been in the US before coming back, others recommend a longer break of twice as long. So if you come for 80 days, stay out for at least 80 days before coming back etc. Put yourself in the officers shoes, if they only get 2 weeks holiday a year it will make less sense that you can visit for longer periods. If you try and go for multiple back to back visits you have a high risk if a denial, which means no more visa waiver.

I have seen travel patterns with much more frequent visits with no issues, more than once a month, but they would be for 3 to 9 days long, not for months at a time.

I have no idea if they check social media, but they do keep notes in their system, and can see your travel pattern there. Also I assume you are not going to be staying in a hotel for 3 months so they will see the address you give and will know if it’s a residential one and they may question you on who you are visiting.



Last edited by tht; Apr 19th 2019 at 12:03 pm.
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Old Apr 19th 2019, 2:22 pm
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Default Re: ESTA/tourist visa question

Originally Posted by tht

I have seen travel patterns with much more frequent visits with no issues, more than once a month, but they would be for 3 to 9 days long, not for months at a time.


You work for the Man?
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Old Apr 19th 2019, 3:01 pm
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Default Re: ESTA/tourist visa question

Originally Posted by tht
Put yourself in the officers shoes, if they only get 2 weeks holiday a year it will make less sense that you can visit for longer
They see hundreds and thousands of people who get more vacation than them. 😉
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Old Apr 19th 2019, 3:05 pm
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Default Re: ESTA/tourist visa question

Eh?
What's that got to do with anything
And how would they know?
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Old Apr 19th 2019, 3:33 pm
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Default Re: ESTA/tourist visa question

Originally Posted by AdobePinon

They see hundreds and thousands of people who get more vacation than them. 😉
Indeed, most Europeans will get 5+ weeks, but must won’t take it all at once. University students likely get 3 months in the summer. The point is the less a travel pattern looks like the “norm” the more questions someone will get. A family of 4 landing in Orlando for 2 weeks staying at Disney is going to get different questions to a 22 year old who arrives alone for a 90 day trip staying at a non hotel in rural Alabama etc...
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Old Apr 19th 2019, 3:34 pm
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Default Re: ESTA/tourist visa question

Originally Posted by notaclue
If this is something that you want to keep, don't abuse the system. Do not stay on a regular basis for close to the full 90 days. Make sure you spend as much time out of the US as you do in! If your relationship is fortunate enough to progress further then you want to ensure you have zero black marks against your name.
Thank you for the advice, I'm making sure I'm leaving plenty of time between visits and I'm trying very hard to make sure I'm well within the correct guidelines and regulations
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Old Apr 19th 2019, 3:35 pm
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Default Re: ESTA/tourist visa question

Originally Posted by tht
Put yourself in the officers shoes, if they only get 2 weeks holiday a year it will make less sense that you can visit for longer periods. If you try and go for multiple back to back visits you have a high risk if a denial, which means no more visa waiver.
Want to bet on that? They are federal employees and will get at minimum 2 weeks vacation to start with all federal holidays in addition to sick/personal time. After perhaps 3 years they will get 3 weeks vacation, upwards.
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Old Apr 19th 2019, 3:35 pm
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Default Re: ESTA/tourist visa question

Originally Posted by Hotscot
You work for the Man?
Funnily enough we did call the guy I worked for “the Man” but he was a different “the Man” than the one I assume you refer to.
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Old Apr 19th 2019, 3:36 pm
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Default Re: ESTA/tourist visa question

Originally Posted by tht


Indeed, most Europeans will get 5+ weeks, but must won’t take it all at once. University students likely get 3 months in the summer. The point is the less a travel pattern looks like the “norm” the more questions someone will get. A family of 4 landing in Orlando for 2 weeks staying at Disney is going to get different questions to a 22 year old who arrives alone for a 90 day trip staying at a non hotel in rural Alabama etc...
Of course they will. One is a family and one is a single young person. Who is the greater risk of overstay?
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Old Apr 19th 2019, 3:46 pm
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Default Re: ESTA/tourist visa question

Originally Posted by tht

I have seen travel patterns with much more frequent visits with no issues, more than once a month, but they would be for 3 to 9 days long, not for months at a time.


One more question as I'm still a little unclear on this detail and have heard conflicting statements but if I go for 2 weeks, have 3 months back in the UK, go for another 2 months, have 3 month's back in the UK and then go for a month will this be an issue based on the total number of days I've been in the US or does the 'counter' reset per trip? I'm worried I'll go over thinking I have 90 days (although stay 30ish) and then on the way out be told I've overstayed because I only had a week or two left accumulatively.
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Old Apr 19th 2019, 4:01 pm
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Default Re: ESTA/tourist visa question

Originally Posted by tht


Funnily enough we did call the guy I worked for “the Man” but he was a different “the Man” than the one I assume you refer to.

But you're in a position to monitor people's travel patterns?
That's good insight.
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