Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

3 months USA then 2 months Canada and back again?

3 months USA then 2 months Canada and back again?

Thread Tools
 
Old Feb 26th 2015, 12:17 am
  #16  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: 3 months USA then 2 months Canada and back again?

This says no VWP for filming. If it's the person's occupation, they can't film.

9 FAM 41.31 N11.3 Entertainers
(CT:VISA-1753; 10-21-2011)
a. Except for the following cases, B visa status is not appropriate for a member of the entertainment profession (professional entertainer) who seeks to enter the United States temporarily to perform services. Instead, performers should be accorded another appropriate visa classification, which in most cases will be P, regardless of the amount or source of compensation, whether the services will involve public appearance(s), or whether the performance is for charity or U.S. based ethnic society. (See 9 FAM 41.31 N13.7 on B-2 visas for amateur performances.)
b. The term “member of the entertainment profession” includes not only performing artists such as stage and movie actors, musicians, singers and dancers, but also other personnel such as technicians, electricians, make-up specialists, film crew members coming to the United States to produce films, etc.
crg is offline  
Old Mar 14th 2015, 3:22 pm
  #17  
Just Joined
 
Joined: Aug 2014
Posts: 5
cocokaren is an unknown quantity at this point
Default Re: 3 months USA then 2 months Canada and back again?

Hi all. The replies about the in-out time frames are a bit confusing. Does anyone have experience of flying in and out to stay in a vacation home? I know we Brits can only stay up to 180 days per year in US, but has anyone been refused entry to go and stay in their holiday property? Do the 180 days need to be within a calendar year i.e Jan to Dec 2015 or could it be eg May 2015 to April 2016? Has anyone been told a specific time that they need to leave it before they cab=n return? Obviously the longer the better but if you have a vacation property, well, you want to use it don't you?
cocokaren is offline  
Old Mar 14th 2015, 3:47 pm
  #18  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: 3 months USA then 2 months Canada and back again?

It's not true that the limit is 180 days a year. The limit is 90 days per entry. How often the POE officer allows you to enter is questionable. Best results are to stay outside the USA longer than inside. But there's nothing written in stone except that each entry is limited to 90 days.

Owning property in the USA makes no difference.

Rene
Noorah101 is offline  
Old Mar 14th 2015, 3:57 pm
  #19  
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,214
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: 3 months USA then 2 months Canada and back again?

Originally Posted by cocokaren
Hi all. The replies about the in-out time frames are a bit confusing. Does anyone have experience of flying in and out to stay in a vacation home? I know we Brits can only stay up to 180 days per year in US, but has anyone been refused entry to go and stay in their holiday property? Do the 180 days need to be within a calendar year i.e Jan to Dec 2015 or could it be eg May 2015 to April 2016? Has anyone been told a specific time that they need to leave it before they cab=n return? Obviously the longer the better but if you have a vacation property, well, you want to use it don't you?
Your biggest problem might not be using the VWP multiple times, BUT the length of time you stay in the US, go over 183 days and the IRS will consider you to be tax resident, and want their cut of everything you earn all over the world.
mikelincs is offline  
Old Mar 14th 2015, 6:02 pm
  #20  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: 3 months USA then 2 months Canada and back again?

Originally Posted by cocokaren
... but has anyone been refused entry to go and stay in their holiday property?
People have, yes indeed.


Has anyone been told a specific time that they need to leave it before they cab=n return?
Each entry is at the discretion of the CBP officer at the PoE. If one officer turns you away and says don't return for 93 days... and then you return 93 days later, the CBP officer who processes you this time could still turn you away again - and you have absolutely no recourse whatsoever.


Obviously the longer the better but if you have a vacation property, well, you want to use it don't you?
The CBP officer isn't obligated to ever let you enter the US... and having property in the US makes no difference whatsoever.

Ian
ian-mstm is offline  
Old Mar 14th 2015, 11:23 pm
  #21  
Grumpy Know-it-all
 
Steve_'s Avatar
 
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Steve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond repute
Default Re: 3 months USA then 2 months Canada and back again?

Originally Posted by cocokaren
Hi all. The replies about the in-out time frames are a bit confusing. Does anyone have experience of flying in and out to stay in a vacation home?
Having a vacation home makes it less likely that they let you in (if anything), not more likely because clearly you have a residence in the US.

I know we Brits can only stay up to 180 days per year in US, but has anyone been refused entry to go and stay in their holiday property?
I had a neighbour who was Belgian who was denied entry. Anyway it's not 180 days either, what they're looking for is "non-immigrant intent", so if you're in the US for more than six months in the past year, it looks as though you live in the US. But it's not a written rule, it's more of a rule of thumb based on your duration of stay. It's just one thing used to determine non-immigrant intent.

Do the 180 days need to be within a calendar year i.e Jan to Dec 2015 or could it be eg May 2015 to April 2016? Has anyone been told a specific time that they need to leave it before they cab=n return? Obviously the longer the better but if you have a vacation property, well, you want to use it don't you?
Well the specific date you have to leave by would be on your I-94. This whole counting of days thing gets up my nose, I hear it so often, I've even seen a Canadian who had a calendar and was crossing off the days (Canadians don't get I-94s). The law basically requires two things, you have a residence abroad you have no intention of abandoning, plus you must be a bona fide visitor for business or pleasure. Which means you must have non-immigrant intent and everything flows from that. An I-94 for a B-1/2 visa holder is granted for six months.

If you don't have non-immigrant intent they won't let you in for one day.
Steve_ is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.