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First of all, if similar question already exists, I apologize - please provide a link to the other question.

Situation: I have been living in US for over 10 years (green card holder). My girlfriend came to US in June for 2.5 weeks via ESTA. This was her first visit to US; we went on a roadtrip, had tons of fun and tons of pictures together. Now, she's planning on coming back to US at the end of September again but for a longer stay (90 days). Maybe even longer, if we get along together, getting married and working on her immigration status.

Questions:

1) With her being in the states for 2.5 weeks and then coming back to states in ~3 months for 90 days, would this cause any issues? I know there's no specific time that one needs to spend outside of US and it a lot depends on the officer at the airport. But do you see any issue with this time frame?

2) If asked, what should she state as the purpose of the visit? I know lying is not recommended, and we won't do that, but should she say that she's coming to see her boyfriend? I heard that it's not a good idea to say that you're coming to see bf/gf since then there might be an intention for staying in US.

deiviuxs
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    "(90 days). Maybe even longer" - not without a visa. You can't extend your stay past 90 days under the VWP so afaik the only way to stay over 90 days would be to get a visa beforehand. – brhans Jul 27 '16 at 19:40
  • Related read – blackbird Jul 27 '16 at 19:46
  • By "even longer" I mean that we would get married during that 90 day period and start working on paperwork. I know that the paperwork will take longer than 90 days and thus she would have to stay over the allowed time. – deiviuxs Jul 27 '16 at 19:56
  • I meant officer at the airport, not "office". Fixed in OP. – deiviuxs Jul 27 '16 at 19:57
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    @Karlson there is an exception to the prohibition on adjusting status out of VWP, but it applies only to family members of US citizens. The wife of a green card holder would not be eligible. They could get married while she was in the US, but she'd still have to leave. – phoog Jul 27 '16 at 20:02
  • @phoog You're right. – Karlson Jul 27 '16 at 20:06
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    There will be problems if when arriving she can't give a departure date. Also, read this: http://travel.stackexchange.com/questions/66243/what-is-the-us-visa-waiver-program-and-what-is-an-esta – CMaster Jul 27 '16 at 20:10
  • what if she comes here and we get married during the 90 day window while I am a US citizen? – deiviuxs Jul 27 '16 at 20:21
  • Immigration to the US is a question for our friends over at [expatriates.se]. – Michael Hampton Jul 27 '16 at 20:22
  • @MichaelHampton thanks for that website! will ask immigration-related questions here. What do you guys think about timing? Her coming for 90 days after 3 months of previously staying in US for 2.5 weeks? – deiviuxs Jul 27 '16 at 20:39

1 Answers1

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Your gf probably won't be asked very much on her next entry to the US, since she'll almost certainly be using an Automated Passport Control kiosk to clear immigration. On her next visit she should look for these kiosks.

But, in case she does get pulled aside and asked questions, we need to discuss the things you have heard which are actually very bad advice.

It is not a good idea to try to hide the fact that you are coming to visit a boyfriend or girlfriend. Immigration officers are well trained in spotting people who are trying to conceal something, and it's most likely she'll eventually be caught out. She will then be refused entry (or possibly allowed to withdraw application for entry) not because of coming to visit someone in a romantic relationship, which is perfectly fine, but because the officer doubts her true intentions because she was hiding it!

To be completely clear: It is perfectly OK to come to the US to visit a boyfriend or girlfriend. Like everyone else, though, you must be able to demonstrate that you have reason to leave the country. This may be a bit more difficult but if you and she have stable lives, it should be easy enough.

Michael Hampton
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  • And that's what I was thinking as well. At the end of the day, telling the truth is the best. When she came to visit me in June we were not officially bf and gf yet, so she did not say that she's coming to US to see a bf. Now..it's a different story, especially since she's going to stay in US longer. What would be "good reasons" for proving official that she will be leaving US besides showing the plane ticket back to US? – deiviuxs Jul 27 '16 at 20:19
  • "since she'll almost certainly be using an Automated Passport Control kiosk to clear immigration." - Depends. Not all airports are equipped with them. – Karlson Jul 27 '16 at 20:22
  • @Karlson Not all airports have them, but at this point the vast majority of international arrivals have access to them. So it's a good bet. – Michael Hampton Jul 27 '16 at 20:23
  • What exactly is an "Automated Passport Control kiosk"? – deiviuxs Jul 27 '16 at 20:37
  • @deiviuxs https://www.cbp.gov/travel/us-citizens/automated-passport-control-apc – Michael Hampton Jul 27 '16 at 20:39
  • @MichaelHampton but even with the help of kiosk, you still need to go to the CBP Officer who might still ask you questions. Am I right? – deiviuxs Jul 27 '16 at 21:39
  • @deiviuxs Right, but it will usually be a very abbreviated process, since the kiosk has handled most of the questions already. – Michael Hampton Jul 27 '16 at 21:43
  • @MichaelHampton Got it. The airports that she's flying in seem to have those kiosks available. Can anybody with ESTA use those kiosks or only the select few? – deiviuxs Jul 27 '16 at 22:02
  • @deiviuxs Did you read the rest of the linked web page? It did answer that question. – Michael Hampton Jul 27 '16 at 22:02
  • @MichaelHampton Yeah, I read the entire page and saw that it did say that visitors with ESTA could you kiosks. However, when my gf visited US few months ago she did not say anything about a kiosk. Maybe because it was her first visit...anyways, this is good to keep in mind. Thanks for the info! – deiviuxs Jul 27 '16 at 22:17
  • @deiviuxs I think the reason for ESTA travelers being unable to use the kiosks on their first visit has to do with being fingerprinted. – phoog Jul 28 '16 at 09:15
  • @phoog that makes sense. I'll advise her to use the kiosk for her second trip and see if that helps speed up the process and reduces stress for her. – deiviuxs Jul 28 '16 at 14:35