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I am able to enter the US using the VWP/ESTA and have been to the USA three times now. My first time was July 2015 when I stayed for two weeks. The second time was for 35 days, entering in January 2016. In October 2016, I entered the US and stayed for 52 days. My boyfriend lives in Texas and I visit him more than he visits me because I can afford to.

Since I have been to the United States for 87 days in 2016, will it be a problem for me to book another trip for April 2017 and stay for three weeks?

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    In theory, this will be no problem. You're visiting the US roughly twice a year and spending slightly less than 1/4 of your time here. You will always have the possibility of an immigration officer who questions you to determine whether you are using the VWP to live in the US, or are otherwise violating its terms, but as long as you answer any questions truthfully, you should be admitted. – phoog Jan 26 '17 at 22:39
  • Thank you :) ...Last time I was there in October I was asked some questions as to why I was there and why so long. Honestly I just said Im here to spend time with my bf and he thought that 52 days was a bit much -.- – user56607 Jan 27 '17 at 2:37
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If we just look at your stays, the USA has no such count as the EU. A rough rule of thumb is to stay out as long as you've been in but by the time you reenter you've been away for five months so in theory that's all fine.

However, if they learn you are visiting your boyfriend for two months a time, they might think eventually you will want to marry him and they will deny entry. In fact, if you do plan to marry get the right K-1 visa. Otherwise what happens is at the border you get asked, why are you coming to visit, you say, visit. If they think marriage, you are denied. If you gain admittance and marry then you have lied about your intentions at the border so the moment you apply for a green card you are removed from the USA because of immigration fraud.

It is also possible they will just let you in. This is truly a "depends" situation. If you have documents ready (but do not present them without asking) to prove your ties to your home country, that might help especially if you get to secondary.

Remember Immigration Rule Number 1 and 2:

  1. Never lie to immigration
  2. Do not offer information unasked. (- What's the cause of your visit? - Visiting my boyfriend. Do not say: I did the same the last time.)
  • Thank you. We do plan to do things right with the K1 visa when the time comes, but for now i am visiting him because, well, I miss him :) – user56607 Jan 27 '17 at 2:41
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    "If you gain admittance and marry then you have lied about your intentions at the border so the moment you apply for a green card you are removed from the USA because of immigration fraud." Not necessarily. 1) If you were not asked, you did not lie. 2) You could have told the truth and changed your mind after entry. 3) Even if there was fraud, they are still eligible for Adjustment of Status if they can get a waiver. – user102008 Jan 27 '17 at 3:10
  • Just rephrase: "Visiting a personal friend." ie. eliminate "boy"... honestly, my wife and did this and always said "boyfriend/girlfriend." We never had an issue... other than mild jesting from a boarder agent "Oh, you coming here to take our women?" etc. To which my answer was always... heck ya, your women are amazing! :) But, you can never be too careful - just say "friend" which is totally true anyway. Twice I was further questioned about intent to marry (while using gfriend terminology)... which I always replied no, not at this time. – maplemale Jan 27 '17 at 18:16

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