US - Canada - US on Visa Waiver

Old Feb 12th 2013, 4:26 pm
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Default US - Canada - US on Visa Waiver

My wife and I are UK citizens and I work for a Global Consultancy company in Europe.

I am on a 6 month B1 Visa and currently in the US East Coast consulting with some of our US based clients on a project that should take 3-4 months.

My wife is here with me on the VWP and has a Visa for three months, We have only been here a couple of weeks.

I am planning a weekend away to Canada possibly next month and wil be driving in and out of Canada using my rental vehicle.

I have a Visa with an I-194 in my passport till August which I understand I should keep and not hand back to the immigration officer when leaving the US to enter into Canada..

in regards to my wife who is on the VWP, they no longer provide a I-194 in the passport as there are no forms to fill for the VWP.

My question is will she automatically get a new 3 month VW when entering back into the US.

We have no intentions to overstay, we would like to visit Canda for a short weekend away and my base for my work engagment is in the US, are there likely to be any issues or questions entering back into the US for a UK citizen?

All advice will be greatly appreciated
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Old Feb 12th 2013, 4:34 pm
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Default Re: US - Canada - US on Visa Waiver

Before anyone corrects you - your wife does not have a Visa for 3 months, she is in the US on a visa waiver! But we know what you mean...

I think if she can show the return flight ticket home and she is not planning to stay longer than the original 3 months, she should be fine. What they don't like is when you leave the US and come back in, just to extend your stay. However, if she did automatically get permission to stay for another 90 days, then she could probably re-book her ticket.

I'm not an expert though, just trying to think what the common sense approach would be... if there's such a phrase as "common sense" in regards to immigration.

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Old Feb 12th 2013, 4:39 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by navman View Post
My wife is here with me on the VWP and has a Visa for three months...
She does not have a visa. She's traveling on the VWP (visa waiver program), which means no visa is required. And she can't stay 3 months, she can stay up to 90 days.

My question is will she automatically get a new 3 month VW when entering back into the US.
No. They will admit her for the remainder of her existing VWP time limit. In order to get a new 90-day entry, she needs to go further away than Canada, Mexico, or the adjacent islands.

We have no intentions to overstay, we would like to visit Canda for a short weekend away and my base for my work engagment is in the US, are there likely to be any issues or questions entering back into the US for a UK citizen?
Probably not.

Rene
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Old Feb 12th 2013, 4:40 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by slummymummy View Post
Before anyone corrects you - your wife does not have a Visa for 3 months, she is in the US on a visa waiver! But we know what you mean...

I think if she can show the return flight ticket home and she is not planning to stay longer than the original 3 months...
Good job correcting his terminology from Visa to VWP, but you forgot to correct it from 3 months to 90 days.

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Old Feb 12th 2013, 4:40 pm
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Default Re: US - Canada - US on Visa Waiver

That totally makes sense. It must happen all the time that people cross into Canada etc.

Ok, I must work on my attention to detail and terminology! lol
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Old Feb 12th 2013, 6:14 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by navman View Post
My wife is here with me on the VWP and has a Visa for three months...
No, she doesn't.


My question is will she automatically get a new 3 month VW when entering back into the US.
No. She will be allowed back into the US only for the remainder of her existing VW.


... are there likely to be any issues or questions entering back into the US for a UK citizen?
There may be questions, but there shouldn't be any issues.

Ian
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Old Feb 12th 2013, 6:33 pm
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Default Re: US - Canada - US on Visa Waiver

Understood regarding the VWP is not a visa.

As mentioned this project is 3-4 months, entered last week and received a 90 day stay in the US.

If she requires to extend the clock by a month or so is there any possibility to get this done in Canada?

The purpose of the trip to Canda next month is to see the country, but if it can issue a new 90 days stay this will be perfect as we can the exit the US together at the end of the project.
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Old Feb 12th 2013, 6:36 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by navman View Post
Understood regarding the VWP is not a visa.

As mentioned this project is 3-4 months, entered last week and received a 90 day stay in the US.

If she requires to extend the clock by a month or so is there any possibility to get this done in Canada?

The purpose of the trip to Canda next month is to see the country, but if it can issue a new 90 days stay this will be perfect as we can the exit the US together at the end of the project.
Going to Canada will not restart the 90 day clock. You would have to go further away than that.
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Old Feb 12th 2013, 7:01 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by navman View Post
If she requires to extend the clock by a month or so is there any possibility to get this done in Canada?
No. A VWP visit cannot be extended, and if she wants a new 90-day entry, she has to travel further away than Canada.

The purpose of the trip to Canda next month is to see the country, but if it can issue a new 90 days stay this will be perfect as we can the exit the US together at the end of the project.
It can't.

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Old Feb 12th 2013, 7:12 pm
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Default Re: US - Canada - US on Visa Waiver

Just make sure that your trip to Canada does not coincide with the expiration of your wives stay here. Whilst in Canada her clock is still running and her days are still counting down. If you pop over to Canada on her 85th day for a week, she could face issues on re-entry including denial. Regardless that you are doing it for a genuine holiday, the officer at the border could most probably assume it was for the intent to get an extra long stay.
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Old Feb 12th 2013, 7:23 pm
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Default Re: US - Canada - US on Visa Waiver

Hi there,

As advised the purpose of this trip is to do some sight-seeing.

what I do want is some assistance in getting getting a new 90 day stay for my wife.

As advised the total stay would be between 3-4 months and there are most likely only 2 weeks that are required over the 90 day limit.

Im based in the US east coast, Is it recommended to fly into Mexico or the Carribbean? is the Bahamas and Puerto Rico an option?

Ideally we would plan to do this half way into her original 90 day stay so that she gets another 90 days stay of which we would plan to use approx 6 weeks.
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Old Feb 12th 2013, 7:36 pm
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Default Re: US - Canada - US on Visa Waiver

Is it worth it...? A potential refusal of entry could lead to her no longer being eligible for the VWP. I know you want to be together, but perhaps the best option is for her to just spend a few weeks without you.

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Old Feb 12th 2013, 7:36 pm
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Default Re: US - Canada - US on Visa Waiver

https://help.cbp.gov/app/answers/det...ible-countries

Canada - No
Mexico - No
Caribbean - No
Puerto Rico - Probably not

Costa Rica - Yes
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Old Feb 12th 2013, 7:44 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by captainsensible View Post
Puerto Rico - Probably not
Just not - you're not even leaving the US by going to Puerto Rico.
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Old Feb 12th 2013, 7:45 pm
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Default Re: US - Canada - US on Visa Waiver

Originally Posted by Mr Weeze View Post
Just not - you're not even leaving the US by going to Puerto Rico.
Geography isn't a strong point
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