sabbaticalseeker

hi,
interested in advice opinions on my problem.

I would like to take a 6 month 'sabbatical' and stay with my sister in the US (recent US citizen, born UK) and have been looking at visa options. I got some redundancy money last year and want to use it to fund my time off work spent with my sister and her kids. I originally thought i could come for 2 3-month visits using the VWP, with a couple of weeks back in the UK between - but from what i've read there is a risk i may get refused the second time.

From my reading on the alternative B2 visa, the overwhelming advice seems to be that if you are still of working age you are likely to be turned down, which then sets up all sorts of problems for entering on VWP again so i'm put off from trying to get a B2.

i'm 39, definitely plan to return to my life in the Uk and get a job after my ‘sabbatical’ though i may not have a job offer at the time i enter the US, i have a mortgage, car, saving of around $40,000, have parents, sister and nephews in the Uk that might help prove intention to return to the UK.

Generally over the last 3-4 years I have visited the US regularly for 2 week holidays (3 or 4 times a year) to see my sis and nephews (3 ½ year old twins). My main concern is that i don’t end up in a position where i could be denied entry long term and unable to see my family there regularly as i do now.

So, i'm now thinking of maybe going for 3 months on VWP, coming home for three months and then trying to go again for 3 months on the VWP:

so questions are:

- How likely is it that i will be turned down on the second entry on the VWP if i leave some time between visits?

- How much time would be recommended between visits to minimize problems – 2 months, 3 months, longer?

- What sort of evidence should i bring with on second time (and first time?) – would money, mortgage in uk be enough?

- if i did get refused entry the second time - what would be the most likely scenario - would this definitely mean no more VWP and visa problems for yeras to come or might they let me just return to UK as if i hadnt tried to enter so i dont have to say i was refused - that seems to be a sometimes offered option from some of the posts unless i have misunderstood?)


I obviously realize that so much is down to arbitrary immigration officers decisions and no one can say for sure- but I’d welcome peoples thoughts on what they would do.

Thanks for any advice

avanutria

Hello,

No one here can say with certainty what the immigration officers will decide regarding your entry. That said, a plan of three months in, three months (or longer) out, three months in will probably work. It will be good if you have a job lined up for after your second visit and can provide a letter from your employer stating your expected date of return.

zerlesen

The "as much time out as in" rule of thumb might be over-cautious - I'm sure we all know people who've gotten away with taking less time between trips on the VWP - but other things being equal you can at least feel relatively confident about taking 3 months between two 3 month trips. Of course, what it comes down to is ultimately whether you make a convincing case to the agent at the POE, should they decide to challenge you.

Noorah101

The best plan would be: 88 days in, 3+ months out (the longer the better), then attempt another 88 day stay (always leave wiggle room for bad weather, etc on your return flight).

Bring whatever proof you have that you must return to the UK and that you do not intend to remain in the USA longer than 90 days. Bring the proof each time you come to the USA, but only show it if the POE officer asks for it specifically.

Rene

sabbaticalseeker

i'd like to risk going back the second time after 2 months in the UK - but i need to be clearer what i would be risking.
If i got challenged and turned back at JFK does that definitely mean i would not be able to use the VWP again - i read somewhere they can give you the option of 'withdrawing' - but maybe that does apply to VWP?

anyone have experience of consequences of being refused entry in this way?

Noorah101

If you are simply told you can't come in, and they put you on the next flight back to the UK, it doesn't mean you can never use the VWP again, unless they make some kind of annotation in your passport to that effect. But then you probably want to stay out even longer, to give yourself the best chance at your next VWP visit. If you don't want to risk that, just stay out longer to begin with between visits.

Rene

fatbrit

How about doing something to further your later career by doing some sort of educational course that qualifies for a student's visa?

avanutria

The easiest way to do this would be to make your first visit two months long.

sabbaticalseeker

but if you are refused entry, wouldnt you have to then redo your esta and admit that fact- which would cause it to automatically be refused?

Noorah101

No, being refused entry is not the same as being refused a visa. You have to declare visa refusals on ESTA, I don't believe you need to declare entry refusals.

Rene

sabbaticalseeker

yeah - i've thought about that - but to be honest i really do want to just be a tourist, spend time with my family and have a break and do no work for a bit - be it paid work or studying! - i'll worry about getting back on the career ladder when i get back home - i'm not short of qualifications and i suspect anything that would qualify for a visa would be fairly heavy duty as well as expensive!

its ironic that im having to go through all these problems to prove i'm not trying to immigrate or work illegally whilst there - which is the last thing i want to do!

sabbaticalseeker

https://help.cbp.gov/app/answers/det...to.usa/p/0/c/0

according to their website you do have to declare refusal of entry - but i think it seems there is this process called 'withdrawl' where they can let you voluntarily leave/withdraw request to enter and then it may be not be counted as a refusal of entry - it says you need to contact the embassy to clarify if this happens to you.

so still doesnt really make it clear and think i'd like to do as much as i can to avoid this happening!

Noorah101

In that case, the longer you stay outside the USA between visits, the better your chances of success on the next visit.

Rene

Bladerunner

I've done two back-to-back 90 day stays (with a week out of the country), and I know plenty of others who have. But you do hear about people being turned back. It's always a risk.

As mentioned above, your chances would be greatly increased if your first visit only lasted a couple of months. Three months in, three months out would be the safest way.

In my case, I did not have a problem with the initial back-to-back visits, but was subsequently taken to secondary twice on future visits. I eventually got a visa.

sabbaticalseeker

hi bladerunner,
thats good to know - i am now planning to come back for 2 - 3months and then taking the risk of going back in for another stay.
i've read that sometimes if they do turn you away they will sometimes let you 'withdraw' your request for entry so you dont have to tickt he refusal box in future - and hence can still use visa waiver. i'm not sure how common this is though or if you are likely have permanent trouble fromt hen on.

incidently - did you get a b2 visa? - from reading some websites this seems to be very difficult to get from the UK if you are of working age?