View Full Version : Visa Waiver - Total length of stay in a year
Robert5988
26-08-2004, 02:35
It seems to be a commonly held belief that under the Visa Waiver Scheme(VWS) visitors can only spend a total of six months in any year in the USA.
As I have no wish to spend that amount of time in the Land of the Free I had not bothered to question that assumption. However a friend, who knows about these things, told me that there is no restriction on the total time you can spend in the USA under the VWS. Obviously the 90 day limit for any one visit and all other conditions still apply.
I have looked at the US embassy web site in some depth and nowhere can I see anything that restricts the aggregate total time you are allowed to spend in the USA under the VWS.
Clearly any stay under the VWS is totally at the discretion of the US Immigration Service, but on the face of it you could leave the country every 90 days and immediately return for another 90 days etc etc.
Have I missed something? Does anyone have any definitive information, as opposed to opinion, that is contrary to my understanding.
Provided you meet all the conditions for the VWS particularly on employment, are solvent, have a return ticket and are not considered to likely to be a burden to the US taxpayer etc etc, it is pertinent to ask why the US authorities would wish to curtail the time you spend in the country.
This might be helpful http://www.usembassy.org.uk/cons_web/faqs/niv/faq_visafreetravel.htm#nineteen
In theory, you can leave and return again within a day and have as many visa waiver entries as you wish. In practice, you're likely to have a lot of questions from the INS who will probably ask why you haven't applied for a B2 visitors' visa if you're entering the US too many times on the visa waiver.
As you say, the immigration official on the day has discretion over your entry. Only the INS can answer your last question but it's their country and they can make whatever rules for entry that they see fit, in the same way that we do in the UK.
Robert5988
26-08-2004, 04:06
<blockquote id="quote" class="ffs">quote:In theory, you can leave and return again within a day and have as many visa waiver entries as you wish. In practice, you're likely to have a lot of questions from the INS who will probably ask why you haven't applied for a B2 visitors' visa if you're entering the US too many times on the visa waiver.
As you say, the immigration official on the day has discretion over your entry. Only the INS can answer your last question but it's their country and they can make whatever rules for entry that they see fit, in the same way that we do in the UK.[/quote]
Blott,
Thanks for that link. I hadn’t seen that part of the consular services section.
Surely a B2 visitors visa would not be suitable for my purposes as I visit every few weeks throughout the year; and it is a pain to obtain one anyhow. I visited the USA 7 times last year on the VWS and obviously they were satisfied that I had valid reasons for my visits.
In my last question(in the earlier post) I was not questioning their right to make any rule they wish. My point was that if I meet their criteria under the VWS I am welcome to stay for 3 months. As the main purpose of any country in allowing visitors is that they spend money, I can see no reason therefore why they would wish to prevent me staying further periods and hence spend more money. Clearly if they felt I was likely to breach their conditions it would be another matter.
I am totally amazed and delighted to read that you are not restricted to 180 days stay in the US. I spend that amount of time there on a visa waiver and I have to sit and calculate how much time I have left each time I go. I am always concerned I might misjudge it and have tickets showing I plan on staying longer than I should. This is excellent news ... Robert5988 You deserve medal for discovering this! Blott who are the INS?
The INS are immigration but I think they're the BCIS now.
Er, it's 90 days on each visa waiver Ferrari - I'd hate to think you'd got yourself into trouble!
Beware also that if you own a home in Florida, the amount of time you spend there may be critical to your tax situation. Read here http://www.irs.gov/publications/p519/ch01.html#d0e604 or check with your US accountant.
Substantial Presence Test
You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:
1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
1. All the days you were present in the current year, and
2. % of the days you were present in the first year before the current year, and
3. % of the days you were present in the second year before the current year.
Example.
You were physically present in the United States on 120 days in each of the years 2001, 2002, and 2003. To determine if you meet the substantial presence test for 2003, count the full 120 days of presence in 2003, 40 days in 2002 (#8531; of 120), and 20 days in 2001 (#8537; of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2003.
Thanks Blott,
I have never stayed more than two months at any one time. I was very aware of the 90 days on each visa waiver but I always assumed it was 180 days in total in any year for the visa waiver.
Is it only if you own a home in the U.S. you can be considered a U.S citzen for tax purposes?
I guess not. I was just thinking of home owners probably wishing to stay longer (ie retirees for six months on a B2 visa) and paying taxes!
steph_goodrum
26-08-2004, 13:09
I dont think it is dependant on owning a home but basically the US assumes that if you meet that criteria then you are considered US resident and this is the worst part, ALL your WORLDWIDE income has to be declared for tax purposes.
I cant remember the percentage of the preceding years that is taken into account, but longer trips could be opening yourself up to lots more paperwork and possibly more tax.