Overuse of the Visa Waiver Program?

Question

I'm from the U.S. - and my boyfriend is from Ireland. Over the past year and a half, each of us has been traveling back and forth between the U.S. and Ireland under the visa waiver program. He has been here to visit me in the states four times to date, and I have been there twice (but am planning to go again in about a month) I know that, technically, under the visa waiver program, I am allowed to go to Ireland as often as I'd like, as long as I go home every 90 days for some amount of time - but I have also heard that there is a possibility I will be turned away if I try to go too often.

Does anybody have any experiences in this matter - or is able to give advice?

Additional Details

Thanks for your answers!

so far, all my visits have been six months apart - and the longest I ever plan to stay without a visa (i'm currently applying for a student visa) is a month and a half.

As I said, I am planning on going late December, and again, it would have been about six months since my last visit. I will be staying for about six weeks (until mid February) - but then might try to go back again mid April. Should I encounter any problems then?

Answer 1

Best Answer - Chosen by Voters

The VWP was not created to be a revolving door. Whoever thinks "90 days in 90 days out" will work is dreaming. Each time your boyfriend applies for admission to the U.S., he has to establish that he is clearly and beyond a doubt admissible in every respect. See section 214(b).

There is no specific rule about how long one must be outside the U.S. after being in the U.S. under the VWP. The VWP is designed to eliminate unnecessary red tape and to make it possible for people to travel more easily to this country, while also making it easier for United States citizens to travel more easily to cooperating countries.

So far, your boyfriend has been lucky, and he may continue to be admitted in the future, but each time he seeks admission, he has the burden of proof to show his eligibility to enter. He has to establish admissibility every time he tries to enter, whether that be 8 times a year or once every 8 years.

Answer 2

Providing your boyfriend is out of the US for at least as long as he in in the US, he should be OK. Staying 90 days more than once could cause a problem as immigration will question how he supports himself in Ireland if he is in the US that much. The same works for you going to Ireland.

Answer 3

90 days in 90 days out.... is a good system ..but not guaranteed

Answer 4

You could both visit the UK or other European countries where Americans can use the waiver scheme to break things up a bit.