Returning by VWP after 60 days?

Question

I spent 3 months in the USA over the Christmas period on the VWP and left Feb 06 last. I stayed with a friend for that period; I had wanted to visit my other friend in Washington but he was taken ill. Now my problem is this: I want to return to visit my now-well friend in the next couple of weeks, and stay for a month. I realise I will be questioned; I was on my first visit. As a general rule, will I be denied access via the VWP by using this method twice in a row in such a short period or, generally, is this an okay method? Or, is it a no-go?

As you can see, I did a few edits, including the view-seeking penultimate sentence (the laws/rules/regs remain the same, questions are usually closed when they're asking for opinions). — Giorgio, Apr 12 '17 at 19:25
There is no general rule like that and it is not a no go. Unfortunately the answer is it depends.on your profile. If you're a worker, it does appear strange you can take so much time off work. If you are retired or a student with strong financial backing and on school break, it makes more sense. If you don't have any of these extenuating circumstances, I personally would scrutinize you quite a bit above average. The country you're from etc all play a part. — Augustine of Hippo, Apr 12 '17 at 20:07
@DJClayworth it doesn't matter. The first 90-day period is expired, so the subsequent entry will be a new 90-day period, even if the traveler has remained in "contiguous territory or adjacent islands." — phoog, Apr 13 '17 at 05:10
I returned back to the United Kingdom, I have sufficient funds in my bank account to show I will not be working whilst in the US, I am simply visiting my friend who emigrated there years ago... I guess it looks bad because I have another friend in Arkansas who I stayed with for 3 months? I was shocked the first time I travelled at the questioning I was asked how much money I have. I can now show I have an account with nearly 20,000USD in it so can support myself for a month easily — David Owen, Apr 13 '17 at 08:51
I have been working in the UK for the time I have been back obviously, if I bring documentation of my limited company here in the U.K. Is that counted as evidence of my ntention to return home along with a return flight? — David Owen, Apr 13 '17 at 08:53
I am a 50 year old guy who is semi retired not an 18 year old back packer — David Owen, Apr 13 '17 at 08:55
I realise it's hard to have a hard and fast rule on my eligibility but what I was after was a general rule of thumb, I did read some info from the UCIS website saying that as a general rule of thumb I should spend as much time out of the country as I do in it..... so therefore 90 in and then 90 out and then return, just so worried I will be denied entry now — David Owen, Apr 13 '17 at 08:58
@DavidOwen you can always apply for a visa if you have concerns about your eligibility for entry. Then your trip wont be wasted if you are refused. — , Apr 13 '17 at 09:03
have a look at this answer: The Visa Waiver Program doesn't work that way. If he decides to use the Visa Waiver Program (ESTA); maximum stay is 90 days and he needs to allow adequate time between visits. The rule of thumb is if he is in the US for 90 days; should be out of the U.S. for 91 days before returning. — HungryWolf, Apr 13 '17 at 11:37
@HungryWolf To bring a counter example to that, I have a retired British friend who owns an apartment in Honolulu, and to my astonishment he has essentially lived there for seven months (non consecutively) every year on the back of the VWP for the last ten years. He never even bothered to obtain a visa. It seems to me that if you're wealthy and not looking for a job, US CBP aren't too worried about you coming and going. — Calchas, Apr 13 '17 at 14:24
Possible duplicate of Is it a good idea to mention to the USA immigration officer that I'm visiting my girlfriend? — Giorgio, Apr 13 '17 at 14:38
@Dorothy Doesn't seem like a dupe of that question to me. No mention of any romantic interests in the question or comments. — David Richerby, Apr 13 '17 at 23:32
@HungryWolf a rule of thumb is not a strict rule, as Calchas's friend's experience shows. — phoog, Apr 14 '17 at 07:32

score 1 · Answer 1 · answered Apr 13 '17 at 13:03

There are few hard and fast rules about VWP re-entry. It's going to be up to the individual CBP officer who processes you. The rules are that the VWP is for "short and occasional" visits, and that you must not be trying to live or work in the US. It's up to you to convince the officer of this. However your story isn't an unusual one.

The key things to convincing the officer are going to be knowing your story and having evidence to back it up. So:

Make sure you have a return ticket, and are able to produce it.
Have your friend's contact information handy
Know details of your friend's sickness, like what the illness was, which hospital he was in. Be able to tell them how you know him.
Be able to say how you know this friend.
A bank statement may or may not help. It won't hurt (unless it's an account with a US bank).

I think that if you convincingly tell this story it's very likely you will be let in. That is of course just an opinion, and I'm assuming there is nothing else about you or your history that might cause them suspicion.

Like @DJClayworth says you need to prove you are not trying to live or work there, I went 3 times in the space of a year to see my girlfriend which got me some deep and long questioning but i always got in, thankfully she lives in my home country now. Just always be honest with the CBP if you have nothing to hide, if you do and lie they're probably going to find it. — BritishSam, Apr 13 '17 at 13:37

Returning by VWP after 60 days?

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