Repeated entrance to USA on Visa Waiver

[AndyDRHuddleston]

My fiance is an American citizen and currently lives in Florida. We have been trying to see each as often as possible, which means I fly to the USA roughly every 3 months. We have now discovered that she is pregnant which will mean me needing to get there more often.

Have any of you been in this position before or one similar and how did you overcome the possible rejection by immigration for repeated entrance.

I am hoping to travel every weekend or every other weekend whilst working in the Caribbean as flight crew. Will this bring any advantage with regards to repeated entry?

Mods: not sure where to post this, feel free to move.

Thanks

[Jet II]

why not make an honest woman of her and then you would get a green card?

[el @]

Hi,

I don't think you will have any problem in using the visa waiver entrance as often you want (or need). I did that for a time, travelling to Tijuana and other places. The officer will ask you why are you going to the US so answer the truth to see your GF and perhaps your baby soon. Better if you have an exit ticket but if you don't don't worry, just say that given the constantly changing fare market you will buy one later.
What really didn't help me much is when I wanted to do the real good boy and applied for a visa, yes they gave me six months! Now that was a good way to waste +100 USD.

[galeforcewind]

I did that a couple of times and was hauled into the office to ask why I kept coming back. I then decided it would be easier to get a visa but it was rejected and now I face the possibility of being kicked out if trying to go ti the US on holiday. It's not worth it, marry her, it will be so much easier in the long term.
GFW:ok:

[el @]

Galeforcewind, what you've been subjected to, it's called seconday inspection. It does routinely happens and is not a reason to worry at all, provided that all you WVP requirements are met in full.

I've found that secondary inspections are more frequent in certain airports and to certain type of travellers, no need to enter the details here.

The decision to deport you back is not a 'major' one but neither is taken lightly, so if you go under secondary inspection just be polite, patient and present the facts as they are. If the officer spots the secondary inspection stamp on your passport, smile and say that yes, you was inspected and let go because you had met requirements then as you do now.

Don't be afraid to say that the reason you are coming back repeatedly is that you follow the law strictly and never overstayed the 90-days permit and have no intention to seek employment. As stupid it may sounds, it's exactly what they want to hear and verify.

Show proof of economical indipendence, paycheck, credit card, etc. There is no provision of law that prohibiths you to stay in the US as long you wanted under WVP, if you leave every 90 days. When you leave, make sure that the airline correctly takes the form, because the US doesn't have passport check on exit, it's the only country of the world that does that, ASAIK. In doubt, when leaving, have the destination country put a stamp on your passport so in the future you can prove you was out legally even if the airlines looses the form as it know to happen.

For those that are suggesting that Andy gets a visa or a permanent residence permit, that is easier said that done. For what we know, he or she can be married already or a variety of other issues exist. As galewind mentioned, one can be refused a visa and not be given a reason. Of course any application takes time while Andy needs to travel now, so why don't give him practical advice instead of implying about his duties as future father. Unfortunately these won't help him much with the US immigration.

[Dushan]

... When you leave, make sure that the airline correctly takes the form, because the US doesn't have passport check on exit, it's the only country of the world that does that,
...
el @
Canada does not check passports on the way out either. There is no government control on the way out. You can go as you please, it's the comming that's hard.

[L'aviateur]

Is it possible to for British citizens to get stamps on departure and arrival to the UK for purposes such as above and tax etc.

[BigGrecian]

I was under the impression you had to have a return ticket under the Visa Waiver scheme.

Why not look at a Fiancé visa if your planning to get married - just before you do - although 3 months is 90 days I know - but just another option?
From the US Immigration Website (http://www.uscis.gov/graphics/services/tempbenefits/index.htm#anchor431398)
Fiancé(e)

The Immigration and Nationality Act (INA) provides a nonimmigrant visa classification, "K-1", for aliens coming to the United States to marry U.S. citizens and reside in the U.S.

Requirements

* A U.S. citizen must file an I-129F petition with USCIS for the issuance of a K-1 fiancé(e) visa to the alien fiancé(e).
* Both the U.S. citizen exercising this option and the fiancé(e) must remain unmarried until the arrival of the fiancé(e) in the U.S.
* The alien fiancé(e) and U.S. citizen must have met personally at least once in the two years before the petition was filed.
* The marriage between the U.S. citizen petitioner and the fiancé(e) must take place within three months of the fiancé(e)'s arrival if the alien fiancé(e) is to remain in status.

Also some airports have automated DHS passport readers when leaving the US. Make sure you swipe your passport and keep the reciept this will undoubtally help!

[el @]

Yes, a return ticket is now a formal requirement for VWP. In the past wasn't so, and I remember that I entered many times without having one.
Of course, one can always buy a fully refundable return ticket and and have it reimbursed at the airline offices just outside immigration. This can be convenien for IATA personell that can get one-way tickets at discount, jumpseat, etc.