davmar8221

I have a friend who has been visiting me in the US on the VWP. We are going on a trip to costa rica for about 4 days to visit another mutual friend of ours. She is at the end of her 90 days but has decided to stay another 90 days because there is a lot of tourist spots she wants to hit.

-She is a freelance web developer so she has money and both me and my family are able to sponsor her
-She has a husband and 2 kids back home so she isn't trying to immigrate
-She has a ticket already booked for her trip back

Are these points enough to get her back in or will she likely still be refused entry?

There is no intent to immigrate she just wants to get the most out of her trip here.

JRG67

She can only try.

She shouldn't be working on the VWP, and will need proof of ties to her home country if requested to show them. She might be suspected of seeking a divorce and immigrating to the US.
It sounds risky to me. Can't she come back next year?

davmar8221

She probably can, it's just cheaper and easier to it this way. She isn't working now, just saying that she has a job when she gets back. And we are sponsoring her so the money isn't an issue, but how would she prove she has the husband, kids, phone line, etc etc back home?

JRG67

I'm not an expert on the matter, but the fact that she is a free-lancer might work against her.
Does she have anything to show that she has to be back in the UK by a certain time? A mortgage etc,
The fact that you are sponsoring her, works against her as she needs to show strong links to the UK.

Many people do not go to secondary at the POE, however as she is only going out of the country for four days she may be accused of abusing the VWP.

If it were me, I would wait at least 6 months before coming back to the US. The VWP is worth its weight in gold, so it is prob best not to do anything to jeopardize ones elegibility for it.

davmar8221

She does have a phone line, however the property and such is in her husband's name. He is available for them to contact to confirm everything as well. And if it's easier, then he can inform about money as well.

She also already has her return ticket information that she already has booked if that makes a difference as well.

JRG67

The only problem is that they could decide not to phone him (plus it could be just a friend and not her husband)
As you will know, Americans do not have such long holidays, and it is suspicious that she is leaving her children for so long.

However you might get lucky at the POE. It depends on how lucky she feels.
What is the urgency? Why not go back next year, when there is less chance of being taken in for secondary questioning?

davmar8221

No real urgency just easier this way. If it that huge of a risk she might just see about a flight home from costa rica

JRG67

I personally, think that is for the best, as she has stayed the full 90 days for her Visa Waiver, and if any problems arise, she has no legal rights to contest a decision as it is not a visa per se.
Make sure she doesn't overstay the VW as she will then become ineligible for life, and have to apply for a tourist visa in the future(which are difficult to get).

crg

The whole arrangement seems a bit odd. I know you said she has a husband, but is this woman your girlfriend/significant other?

Dracia

Don't jeopardise something that's $14 every two years vs. something that's possibly £500 and difficult to get...

Bladerunner

No guarantee, but in my opinion the chances of being admitted on back-to-back VWP visits aren't too bad the first time you do it. This is from personal experience, and that of friends, back in 2006-2007. However, you should expect a visit to secondary at least. Subsequent attempts will probably result in a refusal.

As other people have said, the problems that would come with a denial of entry mean that it's always a very big risk to take. The longer you are outside the country, the more chance you have of being re-admitted. If the POE officer suspects you are working in the US or anything but a tourist you'll be refused.

jeffreyhy

She won't need to. If the questioning gets to the point of asking for such proof a decision has already been made to deny her entry. It makes a difference, since having confirmed travel arrangements to leave the USA is a necessary (but not sufficient) condition for using the VWP. Regards, JEff

Duncan Roberts

I'm no immigration officer but if I was and somebody was trying to use kids and a husband to show ties to another country I wouldn't expect them to be away for up to 6 months and going around with another guy. Think about how that would look to somebody who has no knowledge of you and really doesn't care if you enter the country or not.

jeffreyhy

Not directly applicable, because it's a DOS document, not a DHS-CBP document, but although the FAM tells us
"The applicant must demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin." (the emphasis is mine)

it also tells us

"If you doubt an alien’s intent to return abroad, the alien cannot satisfy your doubts by offering to leave a child, spouse, or other dependent abroad."

Regards, JEff

scrubbedexpat099

I wonder what happened.