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Old Nov 11, 2012 | 2:42 pm
  #1  
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Visiting US again after 2 month visit

Hi all,

Hope this is the right place to ask. If not, I do apologise. Feel free to relocate this post to the appropriate section.

I'm a UK resident. I've just returned on the 7th November from a two month visit to the US to visit my wife, who is currently living there. I also visited the US earlier in the year (April) for a month & a half. With Christmas looming, I'm hoping to make one last visit around the 18th of December, since she is unable to make it to the UK at this time. This is where my worries begin.

I've heard that you have to spend at least most of the year in your home country. I have done this to date, but I've still spent a considerable amount of time in the US this year. How would you guys rate my chances of being able to visit the US for 3 weeks from the 18th December next month? While I'm aware that only the CBP officer I meet on the day will truly know my fate, I'm still curious to know how you guys would feel about my chances of successfully passing through immigration. I'm pretty worried about the whole thing, but at the same time.. I really want to be with her during the festive season.

To add further information, I've visited the US a total of 4 times (only 2 of them being this year), and have had no trouble so far with CBP. My immigration record is completely clean to this date. I have a job, and a rented flat too back here in the UK to return to, and plenty of money to support myself during the trip.

Am I worrying too much? Or should I be concerned about visiting again only 41 days after such a lengthy visit?

Many thanks to anyone who can ease my worried mind.
Xarain is offline  
Old Nov 11, 2012 | 3:03 pm
  #2  
 
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I have entered at least 10 times in the last six months. I have an ESTA. Really they are more concerned about you leaving than arriving.

Recently, as a response to all the criticism of rudeness and heavy- handed treatment, they have mellowed.

If they ask any questions be honest and pleasent. You will not have a problem.
JohanSlam is offline  
Old Nov 11, 2012 | 4:17 pm
  #3  
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Thanks for the quick response.

I too have a valid ESTA, and will be travelling via VWP. I've not had issues to date, I've always left within the 90 day limit, but I was a bit concerned considering it's only 41 days after returning from a two month stay.

Another slight concern I have is if they ask about my wife. I've been fortunate earlier in the year, as they did not ask who I was visiting. (infact the last CBP officer just joked around, claiming I looked like his colleague, then simply let me though after asking me about my job) I'm worried that if I mention the word 'wife' at all, that it'll send them glaring red flags about my intentions. I'm hoping the fact I've visited (and returned home) whilst married will count in my favour, but it still worries me slightly. Should I have any reason to worry here? I mentioned 'girlfriend' to them in the past prior to my marriage, and I had no issues.

Thanks again for anyone who can offer advice, it's much appreciated. Sorry if I'm worrying too much!
Xarain is offline  
Old Nov 11, 2012 | 4:20 pm
  #4  
 
Join Date: Jun 2012
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Yes, you should not have any problem at all especially you have a legitimate reason to visit frequently (your wife). The only thing you may have to worry is if you stay in the US for a lengthy period, the IRS may deem you a US resident and you may be obligated to file a US tax return. I don't know on top of my head what the limit is but you can google it.
privateuly is offline  
Old Nov 11, 2012 | 4:43 pm
  #5  
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Oh wow, really? Ouch, I better look into that so I can try avoid it from happening to me. Thanks for the heads up, and for your response in general.

Admittedly, this visit is going to be my last for a little while, I mostly just want to be with the wife over Christmas.

Again, thanks to those who have offered their advice so far.
Xarain is offline  
Old Nov 11, 2012 | 7:55 pm
  #6  
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Originally Posted by Xarain
I've heard that you have to spend at least most of the year in your home country.
I haven't done that for the last 10 years...

I cant see any reason why you would have trouble at US immigration.
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Old Nov 11, 2012 | 8:08 pm
  #7  
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Originally Posted by Xarain
Oh wow, really? Ouch, I better look into that so I can try avoid it from happening to me. Thanks for the heads up, and for your response in general.

Admittedly, this visit is going to be my last for a little while, I mostly just want to be with the wife over Christmas.

Again, thanks to those who have offered their advice so far.
To put your mind further at ease, you could ask your employer to write a letter (maybe you can write it and they just sign) that they expect you to be back at work on <whatever date> and bring a copy of your flat-lease. But as long as you are under 180 days in the US and have no prior overstays, I don't see a problem either.

DanishFlyer
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Old Nov 11, 2012 | 11:43 pm
  #8  
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The key is that you have not abandoned your place of abode. If it looks like a person is spending more time in the US compared to their home Country, a question may arise to whether that person considers the US their place of abode or the foreign destination.

Some suggestions to show you have not abandoned:
1) employment letter
2) bank statements to show you will support your trip
3) a document that shows your current home address abroad.

I assume you do not have a "traditional" job? I would wonder how you can take so much time off of work.
minhaoxue is offline  


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