how long r u allowed to stay in the us

[carrie]

i just wondered if anyone knew how long you are allowed to stay in the US, not to work or anything but just to stay there.

i can dream

[dcnurse]

On a normal visitors visa I believe it is 90 days.
How lovely that would be[msnwink]

[florida4sun]

6 months on a b2 tourist visa, then you can fly back home and get the next flight back and do another 6 months. You will may need to prove why you need this time and that you have the money to suport your stay - plus a reason to return back home - if your single and have no job, you will struggle to satisfy them.
Also bear in mind that if you spend 180 days or more in the usa within the last three years then your world wide income may be taxable in the USA.

<blockquote id="quote" class="ffs">quote:Originally posted by carrie
i just wondered if anyone knew how long you are allowed to stay in the US, not to work or anything but just to stay there.

i can dream
[/quote]

[Robert5988]

If you go on a Visa Waiver(as the name suggests no visa is required) you can enter for 90 days and then go home and return again.

As stated above entering on a Visa waiver, B2 tourist visa you have to convince the Immigration officer you intend to abide by the rules of entry; mainly not seeking work - ties to UK - sufficient funds for your stay.

[Robert5988]

Martin,
2 Points on your last post:

<blockquote id="quote" class="ffs">quote:6 months on a b2 tourist visa, then you can fly back home and get the next flight back and do another 6 months.[/quote]

It used to be that a B2 Visa allowed 6 months in any 12 month period; has that changed?

If things haven't changed, then I have never been certain when the 12 month period started. I suppose if you went 01 July to 31 December last year(and that was your only visit in 2006) you could return 01 Jan to 30 June but that would be your only visit allowed in 2007 on the B2 Visa.

Also never seen anything to say if you can use a Visa Waiver, as well as your 6 months on a B2, in a 12 month period.


You have made the statement below a number of times:

<blockquote id="quote" class="ffs">quote:Also bear in mind that if you spend 180 days or more in the usa within the last three years then your world wide income may be taxable in the USA.[/quote]

As I spend substantially more than 180 days in a 3 year period in the USA I investigated this and I don't believe you are correct in your interpretation.

The advice I have been given is that for tax purposes you are required to have a 'substantial presence' in the USA.

The Substantial Presence Test is detailed in:

http://www.irs.gov/publications/p519/ch01.html#d0e604

The days in the current year count. In the previous year one third of the days count and the year before that one sixth of the days count.

It gives an example where someone stays 120 days in each of 3 consecutive years.(i.e 360 days in a 3 year period) Thus his total days are counted as 120 + 40 + 20 = 180 which is less than the 183 days that could make him liable.

However if you stay for more than 6 months in a tax year then you could become liable.

My understanding also is that rule is normally only applied to very high earners - Pop stars etc

For the vast majority - like myself - it wouldn't be a financial loss as my income tax liability is likely to be higher in UK and anything deducted by the US authorities is allowed against my UK tax liability under the reciprocal tax agreement.

[florida4sun]

<blockquote id="quote" class="ffs">quote:6 months on a b2 tourist visa, then you can fly back home and get the next flight back and do another 6 months.[/quote]

It used to be that a B2 Visa allowed 6 months in any 12 month period; has that changed?

S<span style="color:red">Correct, my mistake. I was going on experience which of course is entirely different to the rules[msnwink]</span id="red">

Also never seen anything to say if you can use a Visa Waiver, as well as your 6 months on a B2, in a 12 month period.

<span style="color:red">No idea sorry, best check with the embassey and border control for a 100% answer.</span id="red">


You have made the statement below a number of times:

<span style="color:red">I did state MAY be taxable, which is true, 5 have no idea who earns what. So my statement stands as is.</span id="red">

<blockquote id="quote" class="ffs">quote:Also bear in mind that if you spend 180 days or more in the usa within the last three years then your world wide income may be taxable in the USA.[/quote]

As I spend substantially more than 180 days in a 3 year period in the USA I investigated this and I don't believe you are correct in your interpretation.

The advice I have been given is that for tax purposes you are required to have a 'substantial presence' in the USA.

The Substantial Presence Test is detailed in:

http://www.irs.gov/publications/p519/ch01.html#d0e604

The days in the current year count. In the previous year one third of the days count and the year before that one sixth of the days count.

It gives an example where someone stays 120 days in each of 3 consecutive years.(i.e 360 days in a 3 year period) Thus his total days are counted as 120 + 40 + 20 = 180 which is less than the 183 days that could make him liable.

However if you stay for more than 6 months in a tax year then you could become liable.

My understanding also is that rule is normally only applied to very high earners - Pop stars etc

For the vast majority - like myself - it wouldn't be a financial loss as my income tax liability is likely to be higher in UK and anything deducted by the US authorities is allowed against my UK tax liability under the reciprocal tax agreement.
[/quote]

[shockey]

Actually, even if you do meet the Substantial Presence Test, you may be treated as not resident in the US if you are at the same time resident in the UK under UK rules. The US/UK tax treaty has rules to decide in which of the two countries you will be treated as resident if you are resident in the US under US rules and resident in the UK under UK rules. If you have a permanent home in the UK and not in the US you will be treated as resident in the UK and not in the US. If you have permanent homes in both countries, but your personal and economic relations are closer to the UK, you will be treated as resident in the UK and not in the US.

If you are not resident in the US only because of the tax treaty, you file a 1040NR and claim the benefit of the treaty. You do not report UK income and deduct UK tax from your US tax liability. See this link:

http://www.irs.gov/publications/p519/ch01.html#d0e1267

Martin Hockey

http://www.onlinefloridavillas.com/florida-vacation-rental-1834.aspx

[Robert5988]

<blockquote id="quote" class="ffs">quote: Actually, even if you do meet the Substantial Presence Test, you may be treated as not resident in the US if you are at the same time resident in the UK under UK rules. The US/UK tax treaty has rules to decide in which of the two countries you will be treated as resident if you are resident in the US under US rules and resident in the UK under UK rules. If you have a permanent home in the UK and not in the US you will be treated as resident in the UK and not in the US. If you have permanent homes in both countries, but your personal and economic relations are closer to the UK, you will be treated as resident in the UK and not in the US.

If you are not resident in the US only because of the tax treaty, you file a 1040NR and claim the benefit of the treaty. You do not report UK income and deduct UK tax from your US tax liability. See this link:

http://www.irs.gov/publications/p519/ch01.html#d0e1267

[/quote]

Martin,
Agree absolutely; that is exactly the advice I rec'd and stated above.


Firstly you can stay well over 360 days in a 3 year period(as explained above quoting the IRS example) and NOT even be liable for USA tax.

Secondly it is highly unlikely that a UK resident entering on a B2 visa or Visa waiver, will ever be considered for USA tax on their worldwide earnings.

Lastly even if you do pay USA tax for staying more than the time laid down in the Substantial Presence Test it will have no effect for the vast majority(all?) UK citizens.

[maisie]

Martin we renewed our B2 visa last year for the 3rd time whilst at the emmbassy we asked could they tell us about the 6 month rule as we had conflicting explanations over the years (spend 6 months in USA go into canada or mexico for a night then back to Us)They said that you can stay in the US for any time that adds up to 6 months in any ROLLING 12 months

[Mo Green]

<blockquote id="quote" class="ffs">quote:Originally posted by maisie
Martin we renewed our B2 visa last year for the 3rd time whilst at the emmbassy we asked could they tell us about the 6 month rule as we had conflicting explanations over the years (spend 6 months in USA go into canada or mexico for a night then back to Us)They said that you can stay in the US for any time that adds up to 6 months in any ROLLING 12 months
[/quote]

That is exactly the advice given to my son and fiancee by the American Embassy in the last few weeks. He works for the London branch of an American company and has been offered a contract for 3 years working in Chicago. He can get a L-1 Visa as a person temporarily working in the USA. His fiancee asked if it was true she could leave the country for a few days and return on a B2.
They were given the same reply as Maisie that it is 6 month in any rolling 12 months i.e. she had 1 week in October in USA, two weeks in Florida at Christmas with us so can only stay for upto 5 months plus 1 week up to 1 October 2007.
She will now fly out with him on a B2 Visa to find accommodation etc then return home to arrange a summer wedding and get her L-2 visa which allows her to accompany him as his wife.

[Robert5988]

<blockquote id="quote" class="ffs">quote:That is exactly the advice given to my son and fiancee by the American Embassy in the last few weeks. He works for the London branch of an American company and has been offered a contract for 3 years working in Chicago. He can get a L-1 Visa as a person temporarily working in the USA. His fiancee asked if it was true she could leave the country for a few days and return on a B2.
They were given the same reply as Maisie that it is 6 month in any rolling 12 months i.e. she had 1 week in October in USA, two weeks in Florida at Christmas with us so can only stay for upto 5 months plus 1 week up to 1 October 2007.
She will now fly out with him on a B2 Visa to find accommodation etc then return home to arrange a summer wedding and get her L-2 visa which allows her to accompany him as his wife.
[/quote]

This is why the whole business of how long you can stay in the USA is a complete nonsense.

For instance if you go on a Visa Waiver there is absolutely no limit on how long you can stay in the USA in a rolling 12 months(subject to 90 days per visit) and the regulations are quite specific on that, stating there is no limit to how many times you can enter and there is no minimum time between visits.

(To pre-empt posts on this everyone knows that you must convince the Immigration officer that you don't intend to work, have sufficient funds etc etc - but that applies even if you have a B2 Visa)

Although you have both been told verbally that it is 6 months in a rolling 12 months, as far as I am aware that isn't stated in any written regulation. As Martin(florida4sun) indicated, in practice the rolling 12 month rule isn't applied; even if such a rule exists.

Also there have been posts on this forum where people have stayed on a Visa Waiver AND 6 months on a B2 Visa in a year. Again there is nothing on the Visa Waiver form or any regulation(as far as I am aware) that prevents you doing that.

Take my case. I went 6 times on a waiver last year and stayed 3 weeks each time(18 weeks); my first trip was 31 Jan 2006. So if I now went and got a B2 Visa, by that silly interpretation of a rolling 12 months, I would only be able to stay 8 weeks(18+8=26) on the Visa, yet 90 days on a Waiver.

Had I stayed 5 weeks each time, which is perfectly legal, I would have stayed 30 weeks. So under the rolling 12 month rule, as you have been told it works, I couldn't enter at all on a B2 visa because I have exceeded my 6 months.

The point of all this is that it is absolutely crazy that someone who goes to the Embassy, is interviewed, and gets a B2 visa is restricted to 6 months in a rolling 12 months(on a verbal, not written statement), whilst someone on a Visa Waiver has no such restriction placed on them - and has that in writing.

What a mess.