Extended US stay

[tinyburst]

Is it possible to stay in the US for longer than the 6 months permitted using the visitors' visa? If you can prove that you would be self financing from savings and pension would it make any difference?

TIA

Tiny

[chrizzy100]

<blockquote id="quote" class="ffs">quote:Originally posted by tinyburst
Is it possible to stay in the US for longer than the 6 months permitted using the visitors' visa? If you can prove that you would be self financing from savings and pension would it make any difference?

TIA

Tiny

[/quote]

Well you can't retire here.....which is what having savings and a pension is.......

There was a topic on this a while ago.......I think it got a bit heated......people saying all different things....you could try doing a search for that and see if you can make head or tail out of it.....

I think this is the link.......its about retiring but it could be useful........
http://www.orlando-guide.info/forums...87&whichpage=1

[steph_goodrum]

Tiny
You might get away with it ONCE, till they found you, but I think they would be very reluctant to let you back in the country again if you did.
Besides which I dont know if you realise but if you stay for more than 180 days in 3 years (using a formula they have which is so many percent of current year + percentage of 2 previous years, then all your worldwide income is subject to US taxation.
People have been refused entry for overstaying on Visa and visa waiver by just a few minutes over their allotted time in the not too distant past.

[esprit]

A B2 visa is granted for 6 months. It is possible to apply to extend it for a further 6 months providing you can show that there is a good reason for doing so. You would need to explain in detail the reasons for the extension; why the extended stay would be temporary; arrangements made to depart; and the effect the extended stay would have on your foreign employment and residency, also provide a statement of financial eligibility. This is the sort of thing that can be done once only. They are wised up on people continually endeavouring to extend their visa. At the end of the extended stay, you would need to leave and come back in as a normal B2 traveller.
There was a thread on here where someone argued that by coming and going on visa waiver, he could clock up more than 180 days in a year in the US, therefore more than he could on B2. There were varying opinions on this and the conclusion was that the US embassy website is silent on the point and only says it is down to the immigration officers opinion of whether you are a bona fide visitor for the purposes of tourism or someone trying to move in semi permanently by the back door.

[Robert5988]

<blockquote id="quote" class="ffs">quote:There was a thread on here where someone argued that by coming and going on visa waiver, he could clock up more than 180 days in a year in the US, therefore more than he could on B2. There were varying opinions on this and the conclusion was that the US embassy website is silent on the point and only says it is down to the immigration officers opinion of whether you are a bona fide visitor for the purposes of tourism or someone trying to move in semi permanently by the back door.[/quote]

I was that person! Although I am not certain if resurection of that discussion is relevant to the original question in this thread.

The US Embassy website is not silent on this point and below is the quote posted by Blott.

<blockquote id="quote" class="ffs">quote:I've copied below the current wording on the American Embassy website at http://www.usembassy.org.uk/cons_web...l.htm#nineteen

Is there a limit to the number of times I may travel to the United States visa free in any given period of time?

There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. However, if you are a frequent traveler to the United States you should be sure to carry with you for presentation to U.S. immigration evidence of your residence abroad to which you intend returning at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the oficer of the USCIS is not convinced that you are a bona visitor for business or tourism, you can be denied entry.
[/quote]

Clearly the crux of the matter is satisfying the authorities that "you are a bona visitor for business or tourism" Provided you can, and comply with all the other criteria, there is no reason why you cannot spend more than 6 months in a year in the USA.

[Robert5988]

<blockquote id="quote" class="ffs">quote:Besides which I dont know if you realise but if you stay for more than 180 days in 3 years (using a formula they have which is so many percent of current year + percentage of 2 previous years, then all your worldwide income is subject to US taxation.
[/quote]

Steph,
Without researching that statement(my literature is in UK and I am in the USA) that is not my understanding if you do not derive income from the USA. - I refer to the 180 days in 3 years - but I stand to be corrected! Could you point us toward that regulation please.

Anyway with the 'double tax' arrangement between UK and USA tax authorities you do not pay full tax in both countries - only to the level of whichever is the highest. As UK generally has higher rates it would be acedemic if you paid a portion of tax to the USA.

[blott]

<blockquote id="quote" class="ffs">quote: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 (% of 120), and 20 days in 2001 (% 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.[/quote]

[steph_goodrum]

Thanks Blott, I knew I'd read it but didnt know if I could find out where.

[esprit]

We would all be interested to know how many days you manage to clock up in the US on visa waiver and with how much difficulty, Robert. Not for me, as you know I am here permanently but for others like the original poster who obviously wants more time in the US than the six months on B2 visa. Perhaps you could report back in a few months.

[tinyburst]

Thank you for all your help so far.

My step daughter (I have been married to her mother since my SD was 11) is a now a US citizen. Could she sponsor my wife and me for a green card? If so how long does the application take from start to finish?

Would it harm our chances of a green card if we apply for a B2 visa?

Thank you

Tiny