Question about I-94W Restrictions
 

Hi everybody.......I have a question in regards to the I-94W Visa Waiver Program.

I came to the U.S on vacations but met a nice American girl that I decided to start dating and later moved in with....I came to the US on September 6th and I am currently using my 90 day permit to be with her as much as I can.

By pure coincidence, I had travelled to the U.S a lot prior to this trip, so if you would look at my passport, it basically looks as if I have been living here since I have about 3-4 stamps per year.....(although in some visits I have only been here for a week for business).....

Now, my question is, on December 5th, my 90 day permit runs out...so I am returning back home to Europe, but I want to come back as soon as possible so I can continue spending time here with my girlfriend (she has her own appartment and a job here) while I have an online business in Europe that I can run from here, so once again, the question is, is it possible for me to keep going back and forth every 90 days for as much as I want, or is there a limit to how many times I can do this?

I just met her, so I'm obviously not going to go as far as marrying her just for a citizenship, it just wouldn't feel right.......

Thanks so much for your time.

Cheers...

No, it's a fair certainty that you will be stopped and questioned the next time you try to enter. While there is no rule saying you can only visit a certain number of times, if the immigration people see that you are going to be spending upto or more than 6 months in the US, they may refuse you entry, as it is indicitive of an intent to settle there. I'd advise bringing plenty of proof of ties back in Europe (rent, bank details, etc).

A friend of mine was almost refused entry when he came back to the US to see his girlfriend after a previous 90 day stay, he was very lucky to be allowed back in, (exact words of the INS officials) and they made it so he would not be allowed to enter for a period of time afterwards, close to a year I think.

She later found a job in the UK, and moved in with him, far easier than wrestling around the US's INS redtape.

Hello, thanks for your reply, last night while I continued with the research this is what I found at :

http://www.usembassy.org.uk/cons_web...freetravel.htm

Is there a limit to the number of times I may travel to the United States visa free in any given period of time?

There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. However, if you are a frequent traveler to the United States you should be sure to carry with you for presentation to U.S. immigration evidence of your residence abroad to which you intend returning at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the immigration inspector is not convinced that you are a bona visitor for business or tourism, you can be denied entry.

So...it's obviously legal.....like you say as long as you present proof of financial stability where you are currently living (back in Europe) but as long as you do that, I don't see why I should be able to go back and forth every 3 months?

Cheers.

Yes, it's perfectly legal to keep going back and forth. As I said though, it's essentially down to convincing the INS officials that your frequent visits are purely for vaction purposes and that you have enough money for your stay. They have the final say on whether you are allowed in, and a frequent visitor like yourself will most likely be flagged for a secondary inspection (re: private 'chat) to see why you are entering. Just be honest and open with them, and you will be allowed in.

Of course I will be honest and open to them, that's how I always am, but I will have to tell them the reason why I'm coming back and will be staying for another 3 months, and I'm afraid the same thing that happened to your friend will happen to me, meaning, they'll allow me in but will ban me from the country for 1 year...

That sounds insane though !!!

-Ruben