djsimsuk

Hello all,

I hope you can help..

I'm going on friday to arizona to visit a friend for 85 days, I have very limited funds and have a letter from her stating that she is willing to keep me and provide accommodation and transport and feed me while over. I am mainly going over to spend the upcoming holiday seasons with her.

I've been to the USA twice before back in 2004 and 2007 before the ESTA's come out I've applied for that and got approved fine that I'm not worried about as I have no convictions and have never breached the terms of the VWP.

I have strong evidence that I will not be working in the USA as I own my own company ( non profit ) but it's a company also have a tenancy agreement I can take with me and 4 children in the UK.

I will admit that the CBP scare the hell out of me and I just want some clarification that I should be ok and any advice anyone can help with.

Thanks I look forward to your replies.

Lee

Ray

A mother leaving 4 children for 85 days ....
my suspicious bell started ringing

md95065

... not if they were all over 21 ...

Bob

Own company....can you show that you won't be doing any work for it whilst in the US?

djsimsuk

I am male and my 4 children are with my ex wife.

Thanks for the other comments though I really appreciate them.

In answer to your question:

My company is online which does make it hard to prove however I am leaving instructions for my staff maybe I could print that out and take it with me?

I'm not looking to work I'm looking for a break away from my work and to spend time with my friend, she come over here in Aug this year and invited me to go visit her for the upcoming holidays as she's seen the stress I was under with work.

Realistically I'm looking for the general questions that the CBP officers will be asking me for a stay for this period of time not debates As I've already indicated I've been the USA twice before in the last 5 years both clearing customs and immigration fine, it's just the period of time that I am concerned will raise eyebrows...

Thanks again for any input anyone can help with

cheers.

Lee (male)

Bob

Aye, length of stay does raise eyebrows, you don't have to convince us, but the questions asked here could well be asked at POE and it would be them that you have to convince.

Especially when most people over here would be lucky to get 2 weeks holiday, never mind being able to take 85 days off.

Online business and kids back home certainly don't help, but if you had a mortgage or any business meetings scheduled for your return, those things could help.

hopeful_Mark

There is no way of knowing if you will even be asked how long you are planning on being in the US. In just over 2 years I have entered the States on vwp 9 times, for as little as 7 days and this year a 7 week visit and I am nearing the end of a 9 week visit now. Out of the 9 times I was asked 3 times how long I was staying.
When I entered this time, and was asked how I could spend so long here, I explained that was self employed and was here for a long visit between contracts. Honesty is your best friend.

agentred

I can vouch for this, I spent 82 days on the VWP and had no real hassle at JFK. Of course they asked "Why 82 days?" but I just said I was visiting friends on holiday and that was that.

Most importantly you have your return ticket and don't plan to marry anyone while you're there. Maybe look up some other friends in the area and mention that you'll try to visit them as well, just to quell any marriage suspicions.

Sometimes these forums tend to over analyse everything, there are millions of people each year using the VWP without a problem. It's designed for trips of 90 days and under for people with no prior overstays, as long as you're not breaking that rule or visiting with the intention of getting married you'll be fine. Don't worry and enjoy your trip!

JCraigFong

Agentred's comment is great common sense. If you have a reasonable, supportable explanation for your 80-day trip to the USA, they should admit you. (Provided you have no criminal record or any other ground for inadmissibility.) Just be prepared for a bit of probing about reason for stay, where you will stay, when are you going back, where do you work in the UK.

As an aside, REPEATED 80-day trips to the USA will most definitely the attention of the border guards. (A single 80-day trip, once a year would not incite much interest, but back-to-back visits of 70-80-90 days would raise an eyebrow or two.

--J Craig Fong
Los Angeles, CA

djsimsuk

Wow people great insite into all this you are truely helpful and have put my mind at a lot of ease thank you so much.

This is my first visit back to the USA since 2007 I went to NYC for a week. I've no convictions at all not even a driving ticket.

agentred thank you for the great insite into your personal experience and
JCraigFong thank you also you both have been amazingly helpful.

I know were I'm staying : with a friend and her family

Going back: 23rd Jan 2009 ( ticket booked and taking intinory with me )

work in the UK: from home.

I hope this information is enough to satisfy them. I have also asked my friend to write a letter stating that she will be keeping me while I'm there with accomidation and food and transportation around the state for the whole duration of my visit.

I shall no be making this trip again for a long time I'm sure as it's a costly thing and my work wouldn't permit me to do it too regular.

Any additional information with the extra info i've provided will also help

thank you again.

JCraigFong

I'm glad the information was helpful. A few additional thoughts:

(1) Someone with adequate means and a cooperative schedule might reasonably make ONE 87-day visit to the USA each year without raising much of a question with border guards.

(2) Some people are surprised that they cannot come in for 87 days, leave for 3 days, come back for 87 days, leave for 3 days, come back again for 87 days, etc etc. This should not surprise anyone -- at least, not any one with any experience on British ExPats. I tell my own clients to think of it this way: "You come to America for 90 days in, one week out, 90 days in, one week out, 90 days in, one week out. Now, put on your border guard uniform. Looking at this pattern, answer this question, 'where does this person live?' The VWP does not permit someone to come and live in the USA, regardless of their in-and-out pattern. And someone with an in-and-out pattern like that is pretty clearly living in the USA."

(3) Border guards may ask, "if you work from home, will you be working while you're in the USA?" Be prepared with a reasonable answer. By the way: a reasonable answer is one that does NOT have you working or regularly answering e-mails and voicemails.

(4) I have my doubts about the efficacy of invitation letters from friends and family, unless they are wedding invitations or other special events. Still, if you have such a letter, that's OK, but I would not pull that letter out unless challenged by a border guard about your being able to pay for your trip, or about where you'll be staying.

meauxna

And the answers may open a new can of question worms.


Hi JCF! Have missed you!

JCraigFong