3 month or 6 month

[Patsy]

Can anyone help with this one.

We have a six months visa for the U.S. but are under the impression that we can only use it once in any one year if we stay for six months.

Does the same apply with the 3 month waiver or can you go to the U.S. as many times as you like in one year as long as it is not for longer than 3 months

We have spoken to the embassy and get different answers from different people

[Robert5988]

You can go as many times as you like on a visa waiver. There are plenty of threads on this. The US Embassy website(FAQ) specifically states there is no restriction on the number of times you can visit on a Waiver. You cannot now leave the USA to visit the Caribbean/Mexico/Canada and return for a 'fresh' visa waiver.

However as this is posted in the 'Want to move to Florida?' section of the forum, it is pertinent to point out that every entry(on a Visa or Visa waiver) to the USA is at the discretion of the immigration officer. If he feels that you are intending to use the Visa Waiver for some sort of permanent residency, you could be refused entry.

The criteria is that you do not intend to settle or seek work in the USA and generally you have to convince the Immigration officer that you have sufficient funds for your visit, intend to return to UK(return ticket) and have 'Ties' to UK.

To my mind there is absolutely no need for a Visitors Visa unless you wish to spend more than 90 days on one visit.

[normajohnp]

Hi Patsy,
We were out 5 times last year and never had any problems coming or going.That was just on the three month Visa Waiver. Only comment made was about us having our own place out there.

Norma.

[SDJ]

Hi Patsy

I had a 6 month visa that ran out last Aug. I had made 3 trips to Fl. to sort out the new house and then came over in September on a 90 day visa waiver. The IO asked me if I knew the rules - I could have replied what rules but thought better of it - she said I was only allowed 90 days in any one year. I politely pointed out that my other visits had been made when I was in possession of a 6 month visa. She politely pointed out that I had better get it renewed when I returned to UK or I would not be allowed in for a further 12 months.

Went to US Embassey, got 6 month visa renewed, no problems. I then asked the American officer we were dealing with - what are the actual rules. His reply - 'it depends on the Immigration Officer in the uniform - if he is in a bad mood who knows'. It is ludicrous that not even the Embassy could answer the question, so one may argue oh but this, oh but that. It is upto the discretion of the Immigration Offer and basically there are no rules!!!

[Robert5988]

<blockquote id="quote" class="ffs">quote:Hi Patsy

I had a 6 month visa that ran out last Aug. I had made 3 trips to Fl. to sort out the new house and then came over in September on a 90 day visa waiver. The IO asked me if I knew the rules - I could have replied what rules but thought better of it - she said I was only allowed 90 days in any one year. I politely pointed out that my other visits had been made when I was in possession of a 6 month visa. She politely pointed out that I had better get it renewed when I returned to UK or I would not be allowed in for a further 12 months.

Went to US Embassey, got 6 month visa renewed, no problems. I then asked the American officer we were dealing with - what are the actual rules. His reply - 'it depends on the Immigration Officer in the uniform - if he is in a bad mood who knows'. It is ludicrous that not even the Embassy could answer the question, so one may argue oh but this, oh but that. It is upto the discretion of the Immigration Offer and basically there are no rules!!![/quote]

As you say we could argue about this forever.

I have been 6 times a year for the past 3 years and have spent way in excess of 90 days each year in the USA and never had a problem.

Also as pointed out above, the US Embassy web site specifically states there is no restriction on the number of times you may visit.

[JR1]

There is no legal restriction on the number of visits you can make to the US in any one year on the visa waiver program. On each visit you must be able to prove that you will return to the UK by showing you have stong social and economic ties to the UK.

If you travel to the US repeatedly on the visa waiver program it becomes harder and harder to prove that you intend to return to the UK (as your social and economic ties to the UK can not be that strong if you keep going to the US!). This is where the discretion of the immigration officer comes into play.

If you are travelling to the US regularly, always carry with you documents to prove your ties to your home country (such as bank statements, pay slips, mortgage statements, marriage certificates...). This way, even if you meet a stroppy immigration officer, you still have a chance of being able to persuade him that you should be allowed entry.

[steph_goodrum]

I sometimes wonder though if carrying TOO much imformation, suggests a guilty conscience and that you feel you will have to prove something?

[luckylady]

<blockquote id="quote" class="ffs">quote:Originally posted by SDJ
Hi Patsy

I had a 6 month visa that ran out last Aug. I had made 3 trips to Fl. to sort out the new house and then came over in September on a 90 day visa waiver. The IO asked me if I knew the rules - I could have replied what rules but thought better of it - she said I was only allowed 90 days in any one year. I politely pointed out that my other visits had been made when I was in possession of a 6 month visa. She politely pointed out that I had better get it renewed when I returned to UK or I would not be allowed in for a further 12 months.

Went to US Embassey, got 6 month visa renewed, no problems. I then asked the American officer we were dealing with - what are the actual rules. His reply - 'it depends on the Immigration Officer in the uniform - if he is in a bad mood who knows'. It is ludicrous that not even the Embassy could answer the question, so one may argue oh but this, oh but that. It is upto the discretion of the Immigration Offer and basically there are no rules!!!
[/quote]
Ee were told the same, entirely up to the immigration officer you are dealing with at the time
A hell of a risk to take

[florida4sun]

I think you are thinking of the tax rules. If you spend more that 180 days in teh USA in any 3 year period then you must submit a tax return on your world wide income. Now I am a little rusty so check this info with an accountant, but its not far wrong.

<blockquote id="quote" class="ffs">quote:Originally posted by Patsy
Can anyone help with this one.

We have a six months visa for the U.S. but are under the impression that we can only use it once in any one year if we stay for six months.

Does the same apply with the 3 month waiver or can you go to the U.S. as many times as you like in one year as long as it is not for longer than 3 months

We have spoken to the embassy and get different answers from different people
[/quote]

[Robert5988]

<blockquote id="quote" class="ffs">quote:Ee were told the same, entirely up to the immigration officer you are dealing with at the time
A hell of a risk to take[/quote]

What risk would that be?

Once again we have a thread in which it is subtlety implied that using a visa waiver for several visits is somehow misusing the system and is risky. Yet another ‘Urban Myth!’

As stated above every visit to the USA is subject to the discretion of the Immigration officer. However his discretion does not extend to making new rules for entry but whether, in his opinion, there is doubt about your intent to meet the rules laid down for entry under a Visa Waiver(seek work, not return to UK, insufficient funds etc etc.) He has exactly the same discretion to refuse you entry, and for the same reasons, even if you have a 6 month visitor’s visa; albeit with a visa you have the right to appeal.

Again, as stated above, if you are spending long periods in the USA each year (particularly if you are of working age) it would be prudent to have some sort of evidence of your ties to UK and the ability to support yourself financially during your stay. However that would also be the case even if you entered under a 6month visitor’s visa.

Thousands of Brits visit the USA on a Visa Waiver several times a year. The Visa waiver programme very specifically states there is no restriction on the number of times you may visit on a waiver. There is nothing in the regulations that suggests frequent visitors should get a visa.

It really is reprehensible to perpetuate such scare stories.

[rocky7]

I will clear this one up for you. When you are seeking admission into the USA, you are an intending immigrant unless proven otherwise. The burden of proof is on the person seeking admission. If you spend more time in one country then your own country then you are consider a resident of that counrty. Six months and a day out of a year in the USA makes you a resident, you are no longer consider a visitor. So, as long as your visit in total is not more than six months then you should be okay.

[Robert5988]

<blockquote id="quote" class="ffs">quote:I will clear this one up for you. When you are seeking admission into the USA, you are an intending immigrant unless proven otherwise. The burden of proof is on the person seeking admission. If you spend more time in one country then your own country then you are consider a resident of that counrty. Six months and a day out of a year in the USA makes you a resident, you are no longer consider a visitor. So, as long as your visit in total is not more than six months then you should be okay.[/quote]

Same question as posted in another thread. Where do you get that information from. Facts/Regulations please, not opinions.

If your assertion is correct when does the year start and end? - 01 Jan to 31 Dec?

I have read the regulations pretty carefully and I can see nothing to support your statements.

I also don't think your definition of 'resident' is correct; although you can become liable for US tax, if the US authorities deem it desirable.

I believe that there is no restriction on the time you can spend in the USA on Visa Waivers provided you satisfy the Immigration authority you do not intend to breach the rules.