"Advised" to get visa.

[Bergis81]

So here is the backstory. I am Swedish but my girlfriend is an American living in GA and I have been visiting her about 3 times a year for the past four years. I have been staying for about 3-4 weeks at a time under VWP and never had any problems. On my last visit this past summer CBP thought that too little time had passed since my previous visit (about a month and a half) and inquired about it. Basically they were saying that I was there too much in a short amount of time. After I explained that I own a company and have a lot of downtime between projects they let me in. However the officer advised me to get a B2 visa. I was not clear why I would need one since they admitted me under VWP. They were really busy that day so I did not have an opportunity to ask them more about it.

I plan to visit my girlfriend over Christmas and New Years. It would be a 3 week stay at the most

I checked and I am still authorized to travel under ESTA so I gather that I am not banned from the program in any way. I have never overstayed past the allowed limit of days allowed under VWP. Nor have I violated any other conditions pertaining to the VWP.

I have tried to get more information from CBP but they could not answer the question oddly enough. I have also used a chatservice with ustraveldocs.com but they only copy pasted standard responses about needing a visa if you are denied from VWP.

I am really confused at this point so if any of you can shed any light on this I would be most grateful. Basically, should I get a visa or not?

[TarCas]

What's the harm in getting one ?

[newparent2016]

What's the harm in getting one ?

I don't suppose there's any harm - but the inconvenience of applying for one might be a factor in the OP's question.

To the OP - these matters are apparently at the sole discretion of the CBP officer and it will vary by port of entry and by officer in terms of standards. I'm frankly surprised - it's not as if you stayed 90 days, left the country for a week and stayed another 90 days - i.e. abusing the system.

Even if you get the B2 visa, there is no reason why the officer won't still make the same comment or refuse entry if he suspects you are illegally employed in the US.

I suggest you go to the nearest US consulate and ask them how to best avoid a potential situation at the airport prior to your next trip to the US. Proof of local employment + bank statements etc might help.


"An approved ESTA (Electronic System for Travel Authorization) allows a citizen of a Visa Waiver Program participating country to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. An approved ESTA does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will place an admission stamp in your passport. Learn more on the CBP website."

[Trinity71]

So here is the backstory. I am Swedish but my girlfriend is an American living in GA and I have been visiting her about 3 times a year for the past four years. I have been staying for about 3-4 weeks at a time under VWP and never had any problems. On my last visit this past summer CBP thought that too little time had passed since my previous visit (about a month and a half) and inquired about it. Basically they were saying that I was there too much in a short amount of time. After I explained that I own a company and have a lot of downtime between projects they let me in. However the officer advised me to get a B2 visa. I was not clear why I would need one since they admitted me under VWP. They were really busy that day so I did not have an opportunity to ask them more about it.

I plan to visit my girlfriend over Christmas and New Years. It would be a 3 week stay at the most

I checked and I am still authorized to travel under ESTA so I gather that I am not banned from the program in any way. I have never overstayed past the allowed limit of days allowed under VWP. Nor have I violated any other conditions pertaining to the VWP.

I have tried to get more information from CBP but they could not answer the question oddly enough. I have also used a chatservice with ustraveldocs.com but they only copy pasted standard responses about needing a visa if you are denied from VWP.

I am really confused at this point so if any of you can shed any light on this I would be most grateful. Basically, should I get a visa or not?

You could apply for a B2, but be advised, the "What would the harm be " comment,.... I can answer that for you. The "harm" would come when you apply for a B2 if it gets rejected. It would cancel your ESTA option and you would not be able to travel under the visa waiver program.

And what would you put on your application for the B1/B2? You would have to show strong ties to home country among other things and then what is your purpose for visiting? To visit your girlfriend who lives in the U.S.? That will be an immediate denial.

I think if you just don't visit so close together you will be fine. Summer to the holidays is plenty of time in between. It's only when it appears you are over using it that it raises suspicion even if you are following the rules. They are looking for overly frequent visits with little time in between. A few weeks or even 2 months is pretty close together for visits.


This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71