Lonely Planet™ · Thorn Tree Forum · 2020

Entering on a VWP

Country forums / United States of America / United States

I will be inbetween jobs AND inbetween international relocation. Perfect time to travel, one would say.
My nationality allows me to enter on a VWP and stay for up to 90 days and I do have the onward ticket out of North-America. The ticket will show that I will fly back to a different country than where I started (neither of those being my home country).

Now what will happen when I tell security that I (at the time of travelling) neither have a job nor a permanent home, basically nothing to return to? On top of that I will be staying with my partner, who lives in the States (he's not American).
I start to get paranoid that they will suspect me of wanting to stay there!

Has anyone actually been in a similar situation e.g. inbetween jobs, a sabatical, no permanent residency?

Last summer I went to the US and before boarding the plane to the US in Amsterdam all passengers had to undergo a security check. I was questioned for quite some time and it was pretty harsh. I might be paranoid now but the whole experience left me a bit concerned.

1

I hope you have proof of ties to home and sufficient funds. Good ones. Lack of a job is a good reason to deny you (for fear you may work illegally), and lack of a permanent residence won't help either.

2

Remember, VWP is not a special kind of visa. It is the granting of admission to a person without requiring that they apply for a visa. It is not just one's nationality that determines if one is eligible to utilize VWP, it is also one's circumstances.

VWP is not suited to your particular circumstances, and so you should apply for a visa.

3

Ooh, I missed the "partner in the States." I doubt you'll even get a visa.

4

"neither have a job nor a permanent home"

Why would you tell them something that you wouldn't want them to know?

Say you're a writer and give an address SOMEWHERE - like, let's see, the country that your passport is from.

And who needs to know the relationship of who you are visiting - why even say you are visiting someone, try putting down Holiday Inn, NYC or something...

The less the people that need to control you (often conversely related to the control in their own lives) know, the less control they have..

Just play by the rules beyond that (don't overstay) and everyone is happy. Right?

5

Siduri- you're not a travel virgin

  1. You enter under WVP (after having completed ESTA form)

  2. You state you are a visitor. You have an exit flight within 90 days.

  3. You list your partner's address as your USA address.

  4. You don't say anthing more. You don't need to. You are a tourist. You are visiting the USA. If you are paranoid, have the :Lonely Planet USA guide with you.

It is not that difficult.

6

#2 and #3: there is no way that I will apply for a visa. If I do so, I will have to present rock solid proof that I don't have. I'd love to spend the full 5 months ove there, but looking at the visa requirements I won't be able to do that.

#5 and #6: You do have a point and it looks like it's best not to tell them too much. My concern is the security officer who questions you before you are given permission to board the plane to the US. Those guys were pretty tough last summer, quite tough questioning. Very detailed and they even repeated certain questions to make sure I'd give the same answer again.
It was rather intimidating. Then I was stupid enough to say that my partner had booked and paid for my ticket which was reason enough for them to rush off and be all fussy about it.

The people from HS in the US were quite friendly and didn't seem to be very interested in me at all.

Anyway, I'll follow #6 and try to tell as less as possible and put a LP USA in my carry-on bag ;-) (I liked that one!)

7

OP, the visa process is more like an "early admissions" process. Everything they would ask is likely to be asked by the border guard if you enter under the VWP. They will very likely to ask about a job, permanent residence, and/or friends/partners in the US. If they sense you are lying, you are screwed. If they think sense you may overstay, you are screwed. The number one reason for denial is lack of proof of ties to home, and you certainly lack them.
If you have a job already lined up in your new location, bring a letter stating such. That will help.

Don't forget to fill out the ESTA a few days before you go.

Good luck, and please let us know how it turns out.

8

"If they sense you are lying, you are screwed. " Exactly. I'd rather prefer to be honest, but that won't work in my favour.
That's why I wondered if there is anyone who has been in a similar situation. After all most people who go off travelling for a year resign from their jobs, cancel their rental agreements, etc.

The ESTA I think I will fill in asap cause if I don't get approved I'm also screwed cause I don't live in my country of origin. I can't apply for a visa here. As far as I found out you always have to apply in your country of origin.

What I also kept wondering about are those people who question you before you are allowed to board the plane. The people in Amsterdam were security officers, but they were all Dutch not officers from the HS.
The only HS officer I spoke to was the guy at passport control in Detroit, who just asked me very few questions, stamped my passport and then wished me a nice holiday.

9

This is rather convoluted and now I am not entirely sure you're not intending on overstaying your allotment of time. keep it short and sweet and honest.
You are a tourist visiting for pleasure. Give your 'partner's' address as your intended location. Stay the alloted time. leave when you're supposed to. Simple as that.

10

I have not intentions of overstaying at all. I'd be an idiot to do so cause that would result in getting banned from re-entering in the future. My partner will be there for another year and I'd be very, very stupid to get myself into trouble with HS.
All I want for now is to stay there for 3 months and then be able to visit him whenever I have a vacation and as a teacher I have quite a few of those.
A LDR is difficult enough allready and the last thing I need is to be banned for several years because I overstayed a tourist visa.

11

The ESTA I think I will fill in asap cause if I don't get approved I'm also screwed cause I don't live in my country of origin. I can't apply for a visa here.

Yes, you can. You can apply for a visa in any country, although doing so in your own country increases your chances of getting one (easier to show proof of ties).

The Netherlands, like all Schengen countries, have exit controls. That means you must go through immigrations as you leave, as well as when you enter.
Also, when you board a plane, the airlines want to make sure you are eligible to enter the US, because they can face consequences.

I have not intentions of overstaying at all. I'd be an idiot to do so cause that would result in getting banned from re-entering in the future.

The length of the ban is determined by the length of the overstay. However, you must always apply for a visa afterward, as you would no longer be eligible to use the VWP.

Wait... you're a teacher? Do you have proof of that? If you do, bring it. Any proof of a job helps.

I know everything sounds bad, but it's not a good situation to be in. That's the way it is. You may get in, or you may have to buy a very expensive seat on the next plane to where you flew from, or the airline may not even let you on to fly over in the first place. It's unknown, and we can't tell you with any certainty which it'll be. We can only tell you it's not looking good.

12

My current contract ends in august and I don't have a new one, so I'm not sure if that will be of any help. But seriously, who carries around an employment contract, rental contracts and thinks like that when you simply go travelling?

"The Netherlands, like all Schengen countries, have exit controls. That means you must go through immigrations as you leave, as well as when you enter."
They people who did the security check where not from the Dutch immigration. They were wearing uniforms of a private security company but did have access to the HS data base. I wonder whether they worked for the airline or if they were connected to HS. Just out of curiousity.

13

Out of curiousity, how many of those who answered have had personal experience with VWP or applying for visas?

Edited by: siduri

14

#6 --

You don't say anthing more. You don't need to.

Well, not unless you're asked. Then it's probably best to answer, as I think you will agree.

If you have some technique to prevent being asked, you should share it.

15

Out of curiousity, how many of those who answered have had personal experience with VWP or applying for visas?

With both.

I think the key is not to get freaked out. You are not intending to overstay your visa, so you have nothing to hide. Bring proof of funds, an onward ticket, and be sure you can articulate your plans for after you exit the US. (Do you have a new job lined up? If not, do you have specific plans to find a new job, in a particular location? Etc. They may ask about that.)

For what it's worth, I entered the US yesterday, from Amsterdam. They did indeed have security there asking some questions, and I saw they questioned some people a bit further, but they were not hostile, just trying to get an idea of what the person is going to do in the US.

And for what it's worth #2, even with a visa you have to pass homeland security, and they will still question you. Since your trip's goal (tourism) and length (90 days or shorter) are not such that they are not allowed under the VWP, I don't think you have much to gain by applying for a visa.

16

Shilgia, maybe I was just unlucky and that über-bitch who questioned me had a bad day or was on power trip.
At least I know what to expect, so that is a plus and as you mention the key thing might be not to get freaked out.

17

I have entered the US multiple times through VWP, on a student visa, and then as a green card holder. There seems to be huge variance in terms of how the DHS border guards treat you.

Here's my 2c in terms of advice:

Be prepared, be confident, be sober and be honest when you approach border control. Bring paperwork - copies of your teaching contract, rental agreement, plane ticket out of the US, anything that will back you up. Unless you are a very good liar, honesty is the best policy. That said, tailor your story to assure DHS of what they want to hear. Basically, they want to hear:

1) that you are not intending to marry your partner and remain in the US. This is something they suspect of people visiting their significant others in the US, and it's unpopular with immigration (it's a no-no to enter on a non-immigrant visa or waiver with "immigrant intention" - I have been through seven types of sh*te on this one). It's quite likely they will ask something relating to this, and it's best for you to have previously decided how to answer this question. Something like "we're not planning a wedding yet, and if we did get married we'd live in [the Netherlands (eg)] to be near my family" - any country apart from the US! This is where proof of ties (family, job, etc) to a non-US country will help you out. Ask a friend or relative in the country you lived in most recently if you can use their address as your "home country" address.

2) that you have enough money for your trip. I've been caught out on this one before, arriving into Washington with very little cash but plenty of plastic money. You can help this one by appearing to be financially well-off - dress nicely, have various credit/debit cards/travelers checks available to show them, and if you really want to make sure, consider doing this before you leave: get a large short-term loan (from your bank, family or friend(s). Literally over a weekend. Bung the loan into your bank account, order a bank statement showing that you have a chunk of cash in the bank. Pay back the loan. Take the bank statement with you as proof of funds. They will not bother calling your bank to verify current balance.

Also, I'd plan beforehand what to say when they ask about work. They would much rather hear something like "I work as a teacher, and after this visit I'm planning to return to work teaching in [Manchester, England (or wherever - non US!)]" than "I don't know". Because that will raise suspicions about working illegally in the US.

Good luck!

18

jvb, thanks for that answer. Very helpfull!
You wrote lots of things that I allready thought about for instance not to answer 'I don't know' but have a sensible answer ready.

There is one thing I wonder, when you go on a holiday for leisure who on earth travels with a copy of their employment contract, rental agreement, etc.? I've travelled quite a lot but never came up with something like that.
The cash part makes perfect sense, the onward ticket,too. There are other countries who require that.

19

They want to be sure that you're not intending to stay. They presume that you are and it's up to you to prove that you're not.

(Although the last time I entered, a few days ago, the way the DHS agent phrased it was merely "You're planning to go back, right?" I answered "eventually, yes", and that was enough for him to stamp my passport and let me through.)

20

who on earth travels with a copy of their employment contract, rental agreement, etc.?

people who don't have return tickets, that's who.

Most travellers DO have return tickets and that is usually enough to satisfy immigration. It is the one's that don't have a return ticket that are warned to bring evidence of ties to their home country.

As only a small fraction of traveller's annually are denied entry, one presumes that most people who visit the US under circumstances such as yours have thoroughly researched entry requirements and make the effort of carrying a photocopy of their lease with them.

21

The only HS officer I spoke to was the guy at passport control in Detroit, who just asked me very few questions, stamped my passport and then wished me a nice holiday.

Sshhh...don't let that one get out. It will ruin their reputation.

Don't worry Siduri..you will be just fine. Have a lovely holiday.

22

Just dress really nice and act haughty. Don't be nice. Be sexy.

23

By the sound of it the guys in Amsterdam were private security guards employed by the airline/s to check that passengers are likely to be admitted to the US and won't be sent home at the airline's expense. Sounds odd - haven't come across it before.

24