B2 Visa

Old Aug 25th 2016, 11:57 pm
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Default B2 Visa

Hi everyone,

This is my first post. Here is my dilemma.

I have a B2 visa. I understand that I could visit the US up to 6 months in a year. My question is, when does the 12 month period start from. So for example if my first visit to the US was on the 18th feb 2016, does my 12 month period expire on 17 Feb 2017.

So to put things into prospective, I visited US from 18th Feb to 18th May 2016.
I now intend to visit US from 24th November to 10th Feb 2017. Thus the total time spent in the US will be under six months. However, I then intend to visit US in April for a period of 5 months. Will my travel plans cause any difficulties.

I would be grateful for a reply.
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Old Aug 26th 2016, 12:08 am
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Default Re: B2 Visa

Originally Posted by nelson2 View Post
Hi everyone,

This is my first post. Here is my dilemma.

I have a B2 visa. I understand that I could visit the US up to 6 months in a year. My question is, when does the 12 month period start from. So for example if my first visit to the US was on the 18th feb 2016, does my 12 month period expire on 17 Feb 2017.

So to put things into prospective, I visited US from 18th Feb to 18th May 2016.
I now intend to visit US from 24th November to 10th Feb 2017. Thus the total time spent in the US will be under six months. However, I then intend to visit US in April for a period of 5 months. Will my travel plans cause any difficulties.

I would be grateful for a reply.
You can visit fir as long as they stamp your passport on arrival, usually 6 months but could be less at the discretion of the officer. The rule of thumb is to be out of the country more than you were last in the country. On the April trip it may be the case that your passport is stamped for less than 6 months of the officer feels you are in the country too much (in other words living in the USA without the appropriate permission to do so). Are you retired? You need to satisfy the officer that you have strong ties to home and will return at the end of your stay. But what you are proposing is not uncommon for retired people with B2 visas who have second homes in the USA.
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Old Aug 26th 2016, 12:09 am
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Default Re: B2 Visa

I believe your initial premise is faulty.
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Old Aug 26th 2016, 2:38 am
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Default Re: B2 Visa

Originally Posted by nelson2 View Post
I understand that I could visit the US up to 6 months in a year.
As sir_eccles notes, your premise is faulty - therefore, so is your conclusion. In a nutshell, you understand incorrectly... it's not 6 months per year. You'll likely receive 6 months at every entry you make to the US... regardless of when you travel. You can travel as often as you like in order to ask permission to enter - but it is the CBP officer who decides whether or not to allow you to enter the US. If he lets you in, great... if he thinks you're abusing the visa, he'll send you home. You won't know, on any given trip, which category you're going to fall into until the moment comes! If you don't make back-to-back trips, you'll likely be fine.

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Old Aug 26th 2016, 2:48 am
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Default Re: B2 Visa

Originally Posted by ian-mstm View Post
As sir_eccles notes, your premise is faulty - therefore, so is your conclusion. In a nutshell, you understand incorrectly... it's not 6 months per year. You'll likely receive 6 months at every entry you make to the US... regardless of when you travel. You can travel as often as you like in order to ask permission to enter ....
For example, if you visited the US four times in one calendar year, arriving on Jan 1, Apr 1, July 1, and Oct 1, you would probably get admitted for upto six months on each occasion, which therefore looks like you could spend almost the entire year in the US.

BUT

The one thing you haven't, mentioned, and I don't think anyone else has, if you spend 183 days or more in the US in any one calendar year you will become liable for US taxes on your worldwide income. I would therefore recommend that you avoid spending more than 182 days in the US in any one calendar year, because completing tax returns is a PITA when you live here, but definitely worth avoiding as a visitor.
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Old Aug 26th 2016, 3:38 am
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Default Re: B2 Visa

Visit?
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Old Aug 26th 2016, 8:52 am
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Default Re: B2 Visa

Originally Posted by Twinkle0927 View Post
You can visit fir as long as they stamp your passport on arrival, usually 6 months but could be less at the discretion of the officer. The rule of thumb is to be out of the country more than you were last in the country. On the April trip it may be the case that your passport is stamped for less than 6 months of the officer feels you are in the country too much (in other words living in the USA without the appropriate permission to do so). Are you retired? You need to satisfy the officer that you have strong ties to home and will return at the end of your stay. But what you are proposing is not uncommon for retired people with B2 visas who have second homes in the USA.
Yes, I am semi-retired. Thank you for your response
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Old Aug 26th 2016, 8:57 am
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Default Re: B2 Visa

Thank you all for your comments and clarifying my initial presumption. For the avoidance of any doubt, I am semi-retired and visit my girlfriend who is a green card holder and resides in Fl. Looks like I will have to carry evidence of my ties to the UK i.e. property deeds, property tax documentation etc.
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Old Aug 26th 2016, 1:10 pm
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Default Re: B2 Visa

Originally Posted by nelson2 View Post
Thank you all for your comments and clarifying my initial presumption. For the avoidance of any doubt, I am semi-retired and visit my girlfriend who is a green card holder and resides in Fl. Looks like I will have to carry evidence of my ties to the UK i.e. property deeds, property tax documentation etc.
That "evidence" is weak, even by the usually poor standards of evidence of ties to the UK. In truth, as someone who is by your own admission "semi retired", your ties to the UK are inevitably very weak.
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Old Aug 26th 2016, 2:37 pm
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Default Re: B2 Visa

Originally Posted by Pulaski View Post
That "evidence" is weak, even by the usually poor standards of evidence of ties to the UK. In truth, as someone who is by your own admission "semi retired", your ties to the UK are inevitably very weak.
Thanks for your comments, but I am afraid the facts are what they are.
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Old Aug 26th 2016, 2:44 pm
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Default Re: B2 Visa

Originally Posted by nelson2 View Post
Thanks for your comments, but I am afraid the facts are what they are.
I didn't mean to be any way critical, and that you recognize and accept that your position is weak is a positive thing.

Do you have any active club memberships? - gym, golf club, amateur dramatics, church, etc.? Also any up-coming medical appointments?

Anything that shows life-ties to the UK would, IMO, be as useful as mere ownership of a home, which could easily be sold.
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Old Aug 26th 2016, 4:23 pm
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Default Re: B2 Visa

Originally Posted by Pulaski View Post
I didn't mean to be any way critical, and that you recognize and accept that your position is weak is a positive thing.

Do you have any active club memberships? - gym, golf club, amateur dramatics, church, etc.? Also any up-coming medical appointments?

Anything that shows life-ties to the UK would, IMO, be as useful as mere ownership of a home, which could easily be sold.
My apologises, on the contrary I welcome and appreciate your comments regardless of how direct they may be. Yes, I am a member of my local gym. Just a thought, in addition to docs as stated, perhaps I could also produce my annual tax returns.
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Old Aug 26th 2016, 4:46 pm
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Default Re: B2 Visa

Tax returns won't show ties. They can be filed from anywhere in the world.

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Old Aug 26th 2016, 7:33 pm
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Default Re: B2 Visa

Most Gyms will allow you to suspend your membership if you will be away for a long time.
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