dannygordon

Hey guys.

I'm new to this forum, having joined after using it as a guest for months. I must say I love it.

However, I'm here for a little advice.

I'm 20 years old, at university studying. I live in St. Andrews, Scotland and I am dating a girl for almost 2 years, who lives in Cleveland, Ohio. I have visited her many times since July 2012. I visits;

July 5 - July 16 (2012)
September 15 - October 1 (2012)
December 18 - January 7 (2012/13)
March 18 - April 4 (2013)
June 5 - June 26 (2013)
September 15 - October 7 (2013)
December 12 - January 17 (2013/14)

I have another trip booked for March 16 - April 19 (2014). After that I would look to spend most of July, August a a week or so in September there with her.

I have ties back home, including credit cards, bank overdraft, phone contract and university. Does it seem like they'll refuse my entry on these trips? And the real question being, if I'm correct, the ESTA being pre clearance, and the VWP allowing you up to 90 days a visit for no more than 180 days a year, when does the year begin in reference to the VWP. I had initial esta in April 2012 for travel in July 2012. Then I got new passport as I lost mine and therefore new esta. Then I applied for new esta last week (January 2014) as my old one couldn't be found on the system. Weird as when I went through application process it said I had a current approved one. However, so when does my year begin with reference to the no more than 180 days a year and also do you guys think it'll be difficult for me to get in with these proposed coming trips?

Thanks

S Folinsky

The 180 day does NOT apply to immigration. It is a rule of the tax authorities for purposes of determining tax residence. [The US taxes its citizens and "residents" on WORLDWIDE income. Non-residents pay income tax on US based income]. In immigration arena, there is a 180 day rule that presumes that a green-card holder [aka "LPR"] who spends more than 180 consecutive days outside the US has broken the continuity of residence. This does not apply to you.

The only iron-clad rule for VWT is admission for 90 days, no extensions or change of status. [Now there are practices that somehow have become "rules" in net-speak].

So, if you are talking about the tax residence, it is usually the calendar year that applies.

dannygordon

Thanks so much for your quick reply. So, since I don't work in the USA, and therefore derive no income from the USA it is irrelevant. So, basically there's no limit to the days I can stay in the USA, all I gotta do is prove my intention that it's only for a visit, and I'll Return home.

Do you see any problem with my intended visits? My visits will always be when my university holidays are.

Thanks

RICH

Think about what your long term intentions are. Then think about what your pattern of activity might look like to a border agent whose job is to keep out Aliens trying to live in the US.

That said, the VWP allows you to attempt to enter US as often as you like, for up to 90 days at a time. There are no rights, or guarantees.

dannygordon

Thanks. Is it often people get turned back? Would it be a wise idea to bring proof of my credit cards, phone contracts, university attendance? What about mothers problems with depression ( without going into too much detail, it's severe) and therefore wouldn't wanna move away from being near here.

Thanks

Daniel

Michael

It doesn't matter whether or not you work in the US. If you spend more than 182 days in the US during any one calendar year or pass the "substantial presence test", you are considered a resident for tax purposes by the IRS and will have to file a US tax return on worldwide income.

Substantial Presence Test

If you pass the "substantial presence test" but did not exceed more than 182 days in any one calendar year, then you may be able to file a form to indicate a closer connection to a foreign country so that you won't have to file a US tax return.

Closer Connection to a Foreign Country

dannygordon

Right that makes sense. I'll need to watch out! So, are many people turned round, and what advice could you offer me to ensure I have as little trouble as possible. I mean, I love the US, but I'm a European to the core. I love visiting the USA but just couldn't live there. So how could I continue to visit for say 5 months a year and continue to satisfy the CBP that I don't intend to overstay?

( I was originally planning to go over Christmas from 12th December to January 8th, but due to arctic storm, it was delayed until 17th December. My passport was stamped for 90 days, so that doesn't count as overstaying right?)

Thanks, and sorry for the continuous questions.

Noorah101

Simply come prepared to prove to a questioning POE officer that you do not intend to remain in the USA beyond your allotted 90 days, that you do not intend to work illegally in the USA, and that you have a residence outside the USA that you do not intend to abandon.

Ultimately it will be at the POE officer's discretion whether to let you in or not, period. No matter what proof you have/don't have or what you say/don't say.

Rene

ian-mstm

With respect, none of these are actual ties... since all can be broken or abandoned with impunity.


You will be allowed to enter... right up until the day you are refused entry. The thing is, you'll never know when that's going to happen - and the more often you're in the US, the greater the chance.

Ian

notshipman

think i saw somewhere that 99.4% of VWP admissions successful put that into context!

civilservant

0.6% is still a significant number of people when you take into consideration the number seeking admission - although a small percentage (obviously)

dannygordon

Agreed. I have absolutely no intention of living there. Simply visiting. I'm of the belief that as long as my time between the visits are longer than my visits, it should be fine. Like the 2 months between the visits, for a one month stay. Then 2 half month stay for 2 month summer visit. Then 3 month break until Christmas when I get 1 month visit over Christmas/new year. I'm of the belief that it should not be an issue.

ian-mstm

As long as the CBP officer agrees with you, you'll be fine!

Ian

dannygordon

Ian, well put! but as I'm aware, ESTA/VWP is no guarantee. But I think it's a decent rule of thumb. Do you guys think it's worth bringing with me printed copies of my university course (university of Dundee) and my return flights?

notshipman

always better to have just in case but fact is millions travel every year without issues and the issues you worry about are exactly the same as an American visiting the UK and yes they get sent back also but the percentage is small just like for brits going the other way.