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US Visa waiver program and not returning 'home'

US Visa waiver program and not returning 'home'

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Old Mar 14th 2009, 10:05 pm
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Default US Visa waiver program and not returning 'home'

Hey, I'm new here but I think I'll keep this really short and to the point.

I'm English, my girlfriend is American and living in Portland, OR. I am thinking about moving to Vancouver, Canada to be nearer to her, and also to satisfy a desire to continue travelling. I would be going there for 12 months on a working holiday visa. So far no problems...

However, I have intent to visit her for numerous visits, including one that lasts the duration of the visa waiver program (90 days). I know that I have to leave America to reset the 90 day limit on this VWP, but would going back to Canada (where at the time I would be residing), or do I have to literally step back onto English soil?

Thanks for any help.

Adam.
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Old Mar 14th 2009, 10:11 pm
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Default Re: US Visa waiver program and not returning 'home'

Originally Posted by sharpy060187
However, I have intent to visit her for numerous visits, including one that lasts the duration of the visa waiver program (90 days). I know that I have to leave America to reset the 90 day limit on this VWP, but would going back to Canada (where at the time I would be residing), or do I have to literally step back onto English soil?
Are you a Canadian citizen or permanent resident? If not, then on what legal basis will you be "residing" in Canada?
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Old Mar 14th 2009, 10:21 pm
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Default Re: US Visa waiver program and not returning 'home'

As far as I know residing means living. I figured that since I would be in Canada for a year on a legitimate working holiday visa that I would be officially residing there? Correct me if I'm wrong. I imagine that would make me a temporary resident? I'm not a citizen, no.
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Old Mar 14th 2009, 10:40 pm
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Default Re: US Visa waiver program and not returning 'home'

Originally Posted by sharpy060187
... would going back to Canada (where at the time I would be residing), or do I have to literally step back onto English soil?
To the best of my knowledge, Canada is not a participant in the Visa Waiver Program.

Ian
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Old Mar 14th 2009, 10:44 pm
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Default Re: US Visa waiver program and not returning 'home'

What I am trying to discover is whether leaving the country but not returning back to England is sufficient to renew my VWP limitations? Here's a probable scenario:

I'm a British citizen, temporarily and legally living in Canada for 12 months. During that 12 months stay I make regular trips into America (say, one per month for 12 months), one of which lasts a total of 90 days. Would it be legal for me to continue jumping between Canada and America in this manner?
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Old Mar 14th 2009, 11:07 pm
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Default Re: US Visa waiver program and not returning 'home'

Originally Posted by sharpy060187
What I am trying to discover is whether leaving the country but not returning back to England is sufficient to renew my VWP limitations? Here's a probable scenario:

I'm a British citizen, temporarily and legally living in Canada for 12 months. During that 12 months stay I make regular trips into America (say, one per month for 12 months), one of which lasts a total of 90 days. Would it be legal for me to continue jumping between Canada and America in this manner?
http://britishexpats.com/wiki/Visa_Waiver_Program

Bear in mind that the border guard has the final say.
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Old Mar 14th 2009, 11:28 pm
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Default Re: US Visa waiver program and not returning 'home'

Originally Posted by sharpy060187
Would it be legal for me to continue jumping between Canada and America in this manner?
Not from Canada or Mexico! Neither participate in the VWP, so the best you can do from either country is get back to the US for whatever time is left on your original VW. Think... something further afield... but not too far! Think outside the box.

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Old Mar 14th 2009, 11:38 pm
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Default Re: US Visa waiver program and not returning 'home'

Are you saying that if I step foot in Japan then it could work!? That would be incredible, haha.

So... I'm a British citizen, I'm living in Canada, I'm visiting America on a waiver, and when it runs out I can just go to Japan (or any other participating country) and then back to my temporary home in Canada, then on my next visit to America the visa waiver would be renewed to it's 90 day limit?

Thanks for your help so far Ian. Just stick with me for a few more to help me get my head around this! Haha.
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Old Mar 14th 2009, 11:57 pm
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Default Re: US Visa waiver program and not returning 'home'

Okay, so I just looked and Japan is almost as far from the west coast as England is so that's not so useful to be honest. I just had an idea though... is it possible to get two visa's to different countries at the same time?

I was thinking I could be living in Canada on a working holiday visa and at the same time get myself a tourist visa, which allows for 2 periods of 6 months allowance into America. So I could go home after 6 months, see my family, and then head back to Canada and travel freely into America on the second half of the tourist visa. Is that a legitimate plan? Haha. Scheming sucks... I wish this was easier!
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Old Mar 15th 2009, 12:09 am
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Default Re: US Visa waiver program and not returning 'home'

If you are working in Canada how can you afford to be away from work for 90 days. The VWP does not allow you to work from her house.

Also the VWP is not renewable.
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Old Mar 15th 2009, 12:17 am
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Default Re: US Visa waiver program and not returning 'home'

I'll be travelling and working in Canada to supplement that. The job is not that important, it's just something to do whilst spending time in Vancouver. Money isn't the issue. I just need to know about these dual visa's.
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Old Mar 15th 2009, 12:20 am
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Default Re: US Visa waiver program and not returning 'home'

It's doubtful that the US Consulate will issue you a tourist visa. You don't have ties to the UK, you will be working and travelling in Canada, etc. BTW have you researched the ESTA issue of entering the US?
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Old Mar 15th 2009, 12:30 am
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Default Re: US Visa waiver program and not returning 'home'

What do you mean I don't have ties to the UK? I'm English like I said above. And as for ESTA, I haven't fully read about that yet but I will do tomorrow. It's new to me though... I visited America on the waiver for two weeks and arrived home just 3 days ago and that trip had nothing to do with ESTA and they still let me in. Anyway, like I said I need to read about ESTA tomorrow.
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Old Mar 15th 2009, 12:33 am
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Default Re: US Visa waiver program and not returning 'home'

Originally Posted by sharpy060187
What do you mean I don't have ties to the UK? I'm English like I said above. And as for ESTA, I haven't fully read about that yet but I will do tomorrow. It's new to me though... I visited America on the waiver for two weeks and arrived home just 3 days ago and that trip had nothing to do with ESTA and they still let me in. Anyway, like I said I need to read about ESTA tomorrow.
Just being English is not enough. You'll be spending year in Canada...what ties do you have remaining in the UK? You'll need to prove to the US Embassy that you intend to return to the UK after your visit(s) to the USA.

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Old Mar 15th 2009, 12:40 am
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Default Re: US Visa waiver program and not returning 'home'

Ah I see. Thanks Noorah, I've read a few other comments from you on other pages and you seem very intelligent and good at explaining this kind of thing.

I think I'm going to make some calls to wherever can help me to clear this up though. I'm still not totally sure what is legal here :S I don't want to break the law!
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