Do you think I have overstayed my VWP just because I am in the Caribbean? How can this be? I left the US before the 90 days.
The 90 days you are permitted to stay includes time spent in Canada, Mexico,or "adjacent islands" after you have been admitted to the US. The adjacent islands are basically the Caribbean.
Thanks!
Re. my specific work on the film: I have to supervise the latest stages of post-production (but will not be performing work myself), submit the film to festivals and attend some meetings re. the film. In none of these cases will I be working for an employer nor getting paid or receiving a salary.
Correct, but only in the case of short trips within the 90-days of the VWP. This is done so that people midway through the VWP would not go to Mexico for a week and go back into the US under a new VWP, thus resetting the 90 days. Adjacent territories ensure that the week in Mexico counts within your original 90 days. However, if you go to an adjacent territory on your 89th day and stay there for week and try to reenter the US under a new VWP, although technically legal, you will most certainly be denied entry on suspicion of trying to permanently live in the US, and attempting a ''visa run''. One of my questions is whether my 3 months in the Caribbean will be enough time to avoid this suspicion.
I can't find official information stating that one must leave the US and adjacent territories before the 90 days. If you guys can refer me to a link that would be great! (Not the Wikipedia article, please)
Thanks!
#4 bzookaj is wrong to say that you have overstayed the VWP, you have not as you made a timely departure from the US before your 90 days were up. The problem is that by the rules of the VWP you do not get another 90 day VWP entry until you have left North America, which you have not by being in the Dominican Republic. There is a difference between the de facto and de jure interpretations of the VWP but the US government only every mentions the de jure interpretation although most (but unfortunately not all) US border officials actually use the de facto interpretation, since they recognize that the rules were a poorly designed attempt to stop visa runs. Lots of foreigners in Canada on Working Holiday Visas have the same problems and questions. It is likely that 3 months out of the US is probably enough that you will get another 90 day VWP entry, although your history over the last year of spending half your time in the US is pushing the boundaries of what you can get away with.
marka55,
Thanks a lot for clarifying that. I was worried this might be true, even though it seemed strange.
I'm guessing the de jure interpretation is that I left the US lawfully, but in practice (de facto) they will look at my Dominican Republic trip with suspicion. Am I correct?
I'm guessing the de jure interpretation is that I left the US lawfully
The de jure is that if you don't leave 'North America' before returning to the US, then you have not complied with the requirements of the VWP.
The 'de facto' is that all entry is at the discretion of the official you receive.
#4 bzookaj is wrong to say that you have overstayed the VWP
Maybe poor choice of words, but since the OP has planned to immediately returned to the US, it is accurate.
#14 My observations about the de facto interpretation of the VWP rules are based on several VWP entries to the US by bus from Canada, so I get to observe not just my treatment but also lots of other passengers while waiting in line. The US border official can undoubtedly see on their screen that I made a timely departure from the US some months before, at the end of my last VWP entry but how do they know if I actually left North America? I did leave North America (by non-stop flight from Canada to the EU) between my US entries and indeed I carry proof but I have NEVER been asked to show it; also the US border official has NEVER tried to look at the stamps in my passport (there are too many to do that on the sly and it would not do them much good as EU countries do not do entry/exit stamps for EU passports) hence I conclude that if a decent interval has elapsed since one left the US then they generally do not enforce the leaving North America part of the VWP rules. I have also talked to other bus passengers on Canadian Working Holiday Visas, who have not left North America during their one year WHV but still get more than one VWP entry. I think US border officials look at how much time since your last departure from the US (three months is probably a decent interval, three weeks is probably not) and what portion of the year you have spent or will spend with the VWP entry you are seeking in the US (less than 25% is probably trouble free, over 50% is probably a red flag) to decide whether or not to ignore the leaving North America part of the VWP rules.
#15 Yes, overstayed was a very poor choice of words because the OP has NOT overstayed, the only issue is whether or not he will get another VWP entry, there is absolutely no question of an overstay.
Again, thanks a lot to everyone, specially marka55, for the comprehensive replies. This has helped me greatly in getting a sense of my chances of being rejected.
Cheers,
Hello everyone,
Just wanted to wrap it up and post the final outcome, hoping that this will help future travelers in a similar situation.
I went for the Tourist Visa. I filled out the application online and, of course, was absolutely honest about every single question, including my last 87-day stay and my trip to Dominican Republic.
I went for the interview with a folder full of documents (Financial support letters, Bank letters to prove good balance, Spanish work contract, invitation letters from my host in US and from my filmmaking partner, long etc.). My whole approach was just telling the truth about me needing 6 months to both spend time there and finish my film and send it to festivals and other contacts. The interview lasted less than 5 minutes and the interviewer didn't ask to see a single document to prove my story. She asked me my marital status, who was paying for my trip, why I needed to go and what's my father's occupation, but again, she just believed me without checking any documents.
Finally, I was awarded a 10 year B1/B2 Tourist Visa, with a 6-month maximum stay per trip. My passport was mailed to me (with the new Visa) within two business days. Overall, very satisfied with the experience!
Thanks again to everyone who helped.