visa waivers in the us

[C.M.]

My fiance is from a country that has a visa waiver agreement with the us. He also is on disability pension and does remote work so he does not technically have to be in his country. We have a friend who comes here on a visa waiver to be with her girlfriend, then goes home for a week or two, then comes back. Does anyone else have experience with this arrangement?

[C.M.]

Oh yes, that's what he does when he comes over! I should have been more specific, I was wondering if anyone has someone living here basically full time on a visa waiver who only goes back every three months in accordance with the waiver rules. Instead of trying to get a visa for him to live here full time we want to do this while I work and save up money so I can move to Norway.

[Miasmata]

I've travelled a few times on the ESTA program. It really is as simple as filling out the form correctly, paying the small fee (annoying - it used to be free!) and you're set! I always print out my payment confirmation, even though they never ask you for it - I just like being extra-cautious. Make sure you only take the form on the official US website, as linked by Merlinkitty, because there are scam sites out there trying to cheat you out of your money!

[snow]

My fiance is from a country that has a visa waiver agreement with the us. He also is on disability pension and does remote work so he does not technically have to be in his country. We have a friend who comes here on a visa waiver to be with her girlfriend, then goes home for a week or two, then comes back. Does anyone else have experience with this arrangement?

My first 3 visits were on the visa waiver program. First time was 6 months between the visits, the second time only 75 days and I was questioned if I am planning on staying illegally when I tried to re-enter - it was a pretty scary half hour interview. Leaving for a week and then coming back might work once, but it won't work all the time. The general idea is to stay out as long as you have stayed in - 90 days in, at least 90 days out. If you overstay, you might get a ban. I overstayed for 3 days once due to bad weather and it was a lot of unnecessary work to prove that it was not my fault.

@merlinkitty - everyone who wants to enter the US has to apply for ESTA - the only time you don't have to is when you apply for a visa, because they check all the ESTA questions during the application process.

[differentcountries]

Oh yes, that's what he does when he comes over! I should have been more specific, I was wondering if anyone has someone living here basically full time on a visa waiver who only goes back every three months in accordance with the waiver rules. Instead of trying to get a visa for him to live here full time we want to do this while I work and save up money so I can move to Norway.

Just want to add, assuming that your SO is from Norway; Norway these days is strict on cutting disability pension for people who live abroad for 6 months or more per year and having this found out could also result in not having health care rights in Norway. To avoid this, make sure to stay way below the visa waiver limit.

[Moon]

As you're learning, your plan isn't so easy. VWP might state 90 days in, 90 out, but if you actually try doing that, he's going to be heavily questioned, and can be sent back for any reason whatsoever, regardless. Unless he can prove and document very strong ties to Norway, convincing cynical, jaded border officers that he is going home, forget it, this plan won't work. He'll get turned around, then banned for a few years. They can do that, even if you follow the rules.

[lucybelle]

So the VWP is for tourist visas. Using a tourist visa with intentions to immigrate is fraud and is punishable by heavy fines, being banned from the country, and or jail times. So that's something you might want to consider.

[Zapookie]

You know, I hear all the time how bad it is to frequently enter the US on the VWP, but I have multiple friends who travel to the US constantly, maybe 4-5 times a year and they somehow are fine. Also, I was reading about Iggy Azalea, and how she left Australia to live in the US. She re-entered the US (I think she either went to Mexico or Canada) every 3 months until she was famous enough to apply for an entertainers visa. I don't know how some people get away with it, and its not something I would recommend, but it happens a lot I think.

[snow]

You know, I hear all the time how bad it is to frequently enter the US on the VWP, but I have multiple friends who travel to the US constantly, maybe 4-5 times a year and they somehow are fine. Also, I was reading about Iggy Azalea, and how she left Australia to live in the US. She re-entered the US (I think she either went to Mexico or Canada) every 3 months until she was famous enough to apply for an entertainers visa. I don't know how some people get away with it, and its not something I would recommend, but it happens a lot I think.

It's like I said, if you stay out as long as you have been in, they don't seem to care too much, but I still think it's too dangerous to consider. Especially when you have multiple flights before you enter the US, cause then you're stuck in some place and need to find a way home.

[lucybelle]

It's like I said, if you stay out as long as you have been in, they don't seem to care too much, but I still think it's too dangerous to consider. Especially when you have multiple flights before you enter the US, cause then you're stuck in some place and need to find a way home.

There's also an evident bias- the browner you are or the poorer your native country is the more likely you are to be turned back or more heavily questioned. So yeah, some white Canadian or Australian chick entering every few months will not raise quite the suspicion as someone else might.

But still, being a "perpetual tourist" (ie- using a tourist visa as an immigrant visa) is illegal.

[Moon]

There's also an evident bias- the browner you are or the poorer your native country is the more likely you are to be turned back or more heavily questioned. So yeah, some white Canadian or Australian chick entering every few months will not raise quite the suspicion as someone else might.

But still, being a "perpetual tourist" (ie- using a tourist visa as an immigrant visa) is illegal.

LB is correct, but get a customs guy in a bad mood, and that's it, he's on a flight back. The former CTO of my company is a wealthy, white Finnish guy, late 40's, early 50's. A businessman who had to travel to our office about quarterly, for 3 or 4 days at a time. On one of his last trips, he was telling me they weren't going to let him in, he comes too much they said, and he was WELL within the time allowance, on business, with absolutely no reason or indication to think he'd overstay his welcome. He got a jerk, and it took a lot of negotiation before he was allowed to get through. No reason whatsoever to deny him, but they almost did. Just keep it in mind.

[vicks5721]

I agree with other people on here, going too often immigration will be suspicious, I personally wouldn't take the risk as if they thought something is up, he could be banned from the VWP or worse banned for 3 years. Overstaying is not wise and yes it is illegal to use VWP or tourist visa with the intention to stay and live or work in America, there is no way around it.

[Kimaca]

I honestly wouldn't take the risk if I were you. I've looked into all the pro's and cons myself until I realized it was illegal and honestly I'm not messing with those rules I love my SO too much to risk not being able to go there for a few years.
I'm planning on moving there and since we've been engaged without really planning much for over a year now we decided the time is right to just apply for a K-1.
We've been together 3 times in the past year, for a total of 2 and a half months(he visited me twice I went there once) and since we have 90 days to get married we'll still have a month or two together before we will get married, to see if things still work out as good in "the real world".

[vicks5721]

I honestly wouldn't take the risk if I were you. I've looked into all the pro's and cons myself until I realized it was illegal and honestly I'm not messing with those rules I love my SO too much to risk not being able to go there for a few years.
I'm planning on moving there and since we've been engaged without really planning much for over a year now we decided the time is right to just apply for a K-1.
We've been together 3 times in the past year, for a total of 2 and a half months(he visited me twice I went there once) and since we have 90 days to get married we'll still have a month or two together before we will get married, to see if things still work out as good in "the real world".

I agree, it is always worth it in the long run to do the right thing and apply for the Fiance K1 visa or if you are already married the CR1 spouse visa. They are the only legal ways anyway