B1/B2 Non Immigrant Visa How long?

[Ferrari]

Hi,

Can anyone tell me how long a B1/B2 Non Immigrant Visa allows you to stay in the US?

[E. Cosgrove]

6 months I think.

[blott]

Correct Liz! It's 6 months in any 12 months.

[Ferrari]

Thank you Liz and Blott,

Is that six months straight or is it like the visa waiver programme where it is 90 days at a time?

Is it really only six months in twelve?

I specifically went for the B1/B2 visa so I could spend more time in the US if I felt like it. But judging by what you say it seems to have been pointless.

I qualify for the visa waiver programme and I can enter for 90 days at a time. I used think it was for a total of 180 days but I someone on here told me it is multiple 90 days periods. Thats seems to be the case because I have entered several times in the past twelve months and I keep getting '90 days' stampted on my passport.

Tony

[blott]

Visa waiver is valid for 90 day periods - you can't stay for longer than 90 days at a time. You can make multiple 90 day visits if you wish.

If you have a B2 visitors' visa, you can stay for 6 months if you wish. During the six months you can apply for an extension but whether you would get this or not I don't know obviously.

It depends on what you want to do - stay for up to 90 days at a time or stay for up to 6 months at a time.

Whether you've got a visa or you travel on the visa waiver, whether you're allowed entry is up to the Immigration officer on the day of arrival.

If you have a look around the rest of the topics in this section, you'll find more info about visa waiver and B2 visas.

[wiljohn]

<blockquote id="quote" class="ffs">quote:Originally posted by blott

Whether you've got a visa or you travel on the visa waiver, whether you're allowed entry is up to the Immigration officer on the day of arrival.
[/quote]

I'll second that blott,I've just returned from a few days in vegas, via Detroit,I got my B2 visa in Dec, and expected an automatic stamp at port of entry,this definitely isnt the case,first of all I made the mistake of queueing at the desk with two Io's,presumably one was a trainee,as the other was instructing him in processing each visitor.
The senior one asks "why did you get a visa",I explain that due to an arrest for a minor offence many years ago,and from information I readf on the US embassy website,I felt it wise to get a visa,"so why did you get a visa",he asks,Doh!!
Anyway,next I'm taken off for secondary questioning,in all fairness it didn't last long and the officer was fine,I told him I would be there for an exhibition and wouldn't be flying back this week,"will a month be long enough, he asks me,and me I say "fine".
So thats what I got,I asked if the same situation would arise next time I come to the US?,"It shouldn't".well see.
So anyway that's just a bit of what anyone may encounter,and a visa doesn't guarantee entry for any set period of time.

[florida4sun]

The B1/B2 visa will give you 6 months at a time (you can apply for an extension). You need to tell them at immigration if you want longer than 90 days, they can and do ask for proof of onward flight, funding to support you during the period and alos that you have a reason to go back home (permanent employment is a good thing). You could after the 6 months leave the country (certian restrictions apply) and re enter starting of another 6 months.
the 180 days you are reffering to is a tax matter. If you spend 180 days in the last 3 years in the USA you are liabkle to pay tax on your worldwide income, careful with this one, it can be expensive.


<blockquote id="quote" class="ffs">quote:Originally posted by Ferrari
Thank you Liz and Blott,

Is that six months straight or is it like the visa waiver programme where it is 90 days at a time?

Is it really only six months in twelve?

I specifically went for the B1/B2 visa so I could spend more time in the US if I felt like it. But judging by what you say it seems to have been pointless.

I qualify for the visa waiver programme and I can enter for 90 days at a time. I used think it was for a total of 180 days but I someone on here told me it is multiple 90 days periods. Thats seems to be the case because I have entered several times in the past twelve months and I keep getting '90 days' stampted on my passport.

Tony
[/quote]

[Ferrari]

Thanks everyone for your input.

I spoke to a lady at the US embassy in Dublin and she confirmed what most of you have said. It is entirely up to the immigration officer if you are allowed enter and how long you can stay. It is not 6 months in any 12 but a maximum of 6 months at any one time. You can leave and apply for re entry anytime. This is just what I needed as I do not want to work there but would like to come and go for extended holidays.I am astounded at the wait times in London. We got appointments for three days after we applied. We got our B1/B2 visas in Dublin and it took all of 15 minutes from entering the embassy, interviews (my partner had a seperate interview) and being granted our visas. My interview lasted all of two minutes and my partner's lasted 30 seconds. The immigration officer said he would interview us seperately so we could take turns looking after our 2 and 3 years olds. We received our 10 year visas in the post next morning.

[blott]

Glad you got it cleared up and know where you stand now.

[Robert5988]

<blockquote id="quote" class="ffs">quote:If you spend 180 days in the last 3 years in the USA you are liabkle to pay tax on your worldwide income, careful with this one, it can be expensive.[/quote]

Martin,
That is not actually correct.

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 is that rule is normally only applied to very high earners.

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