Stoutbanana

I know that and I have no intention of over staying.

I have had no trouble re-entering with only staying a couple of weeks in the UK

Yes you are correct so far I have had 3 90 day periods in the USA since we met in August.

Bink

Please don't take my comments as negative (they aren't intended to be), I'm just trying to highlight the risks to ensure that you're aware of them. You obviously are, so that's good.

Stoutbanana

Just goes to show don't believe what the border agency guys say at the airport or Miami port!

Nutmegger

270 days in ten months? That means that you have spent more time in the US than in the UK -- you may have had no problems so far, but that does not mean that you aren't going to be flagged for attention in the future if you keep up that kind of entry pattern. You are also going to pass the substantial presence test to have to pay taxes in the US!

Stoutbanana

I'm not earning money in the US just spending it!

Jerseygirl

Makes no difference to the IRS where you earn your money. I think you need to be very careful...3 x 90 visits in 9 months...you're heading for problems with immigration and the IRS.

Michael

You seem to be very lucky.
Border agents are notorious for giving out incorrect information. Usually when someone visits too often or for too long over several close visits, they usually inform the visitor that they must get a B2 visa for their next visit. The visitor then applies for the B2 and usually gets denied since they are eligible for the vwp and also because they are spending too much time in the US which indicates loose ties to their home country. Then the visitor is required to redo the ESTA and declare the denial which causes the vwp to be denied for the next 6-12 months.

There have been recent threads of people in that predicament.

Stoutbanana

I explained that I had met a USC and the purpose of my visits was to see if the relationship would progress to marriage. I told the guy that I was planning on asking her to marry me and he asked to see the ring.
He took one look at it and stamped my passport and said 'good luck'

I think it is better to spend some time together and find out if it is still as good as when we first met and there is a future together. Isn't it better than getting married in the 90 day period and finding out it isn't going to work afterwards?

I have business in the UK that needs periodic attention in person and 90 days is about right at the moment for me before I need to return anyway.

I have always shown my return ticket and evidence of funds to stay the period.

Jerseygirl

Are you working remotely for your UK business during your 90 day visits?

You're lucky that you seem to have had understanding IOs...however the IRS will not be so understanding.

Stoutbanana

I have some properties and I am renting one at the moment and I will be renting the other two when the work has been finished on them. Somebody else is doing the D2D running of everything.

Michael

This is the latest thread concerning problems with entry into the US due to too many visits.

http://britishexpats.com/forum/showthread.php?t=757647

Stoutbanana

Thank you for the link Michael, very interesting.

Seems like we would best get married next time I am over there.....if I can get let back in.

I was going to visit before July 4th as there is a big family party and a gig to go to and leave a few days before my fiancée flies into Heathrow at the end of August so I could pick her up and drag her up to the wilds of Yorkshire....as her husband!

If I risk being refused entry next time it will be a waste of a ticket even if I have a return ticket and a need to return to the UK.

Michael

I suspect that most of the time if you are called into secondary, the POE officer will usually parole you into the US instead of turning you away for one last time with a notation in the computer and a warning to get the correct visa or not visit so often.

Stoutbanana

Well that is a relief to know. Seems a bit stupid that they make it so difficult for visitors to come in and spend money in the US who clearly are not going to overstay and then they let refugees in and give them housing and money to live in the US.

Noorah101

How in the world is that so "clear"? An unbelievable number of visitors come to the USA with a return ticket in hand, but then decide to just stay in the USA, leaving work and family behind. It's not all that clear at all.

Now THIS is interesting!! My husband's brother has an asylum case pending here in the USA (so he'll be a refugee). He has NEVER been offered housing and money by the US government to live in the USA! If he can get such benefits, can you please direct me to the link?

Rene