We have arrived - not a good start!

[carolmc]

Jean, we have really civilized IO's in Dublin.....all had.

[steph_goodrum]

Steph I agree with your post it is true,you can stay 90 days per trip.But I wouldn't choose to challenge an IO!! Being questioned by an IO is not pleasant, in fact I can remember many occasion waiting in line wondering if we would be allowed in this time . Each IO is different some are very pleasant other are extremely abrupt and can be dam right nasty.

We decided three years ago to go down the same route as Sandra. We applied to the American Embassy in London for a B1/B2 Visa. Ollowing us to stay 6 months in every year which suits us much better.
Although if you are one day over the six months the IO will insist you change your departure date . This happened to friends of ours they had miscallulated their dates which costs them dearly.[msncry]

Luckily it hasn't happened to us and hope it doesn't. At the moment our visits ar no more than 2/3 weeks twice a year but when we are able to spend more time then who knows?

[janny]

I will be interesting to se what happens to us in Tampa next Sunday as at the end of this upcoming trip we will have done a total of 94 days from the start of our first trip this year .I will report back and let people know our experience.

[Lyn]

My parents go once a year for 90 days - to avoid getting a visa - but it is definitely 90 per visit not per year by my understanding. There must be something written down in the regulations that we could print off to take with us to avoid these situations, surely?

I have searched the internet for an official answer to this and cannot find one anywhere, the way it is worded is open to differant interpretations.

[luckylady]

I have searched the internet for an official answer to this and cannot find one anywhere, the way it is worded is open to differant interpretations.

I have also searched the official website and came to the same conclusion as you Lyn.Therefore if you do stay more than 90 days in the USA in any one year.You may depending on the IO have to fight your corner to be allowed to stay. I personally found the uncertainty stressful. The B1/B2 visa was a better option for us.

[SDJ]

Nope it is 90 days per visit on a visa waiver. 180 days comes from the 180 day rule for tax, if you spend more than 180 days with the last 3 years in the USA there can be tax implications.

Unless you have actually been stopped, then there is no way one can understand how it feels, and although you may think your statement re 90 days per visit is correct, wait until an IO tells you different!!!! See if you argue the point with an IO - I doubt it!! Been there, got the tee shirt.[msnwink]

[msmiff]

This cut 'n paste from http://canberra.usembassy.gov/visa_waiver_prog.html

Q: Is there a limit to how many times I can enter the U.S. on the VWP? Must there be a minimum period between one period of travel on the VWP and the next?

A: No, but entry or re-entry into the United States is at the discretion of immigration officials at the port of entry.

Couldn't find anything on the U.S. Gov website(s) tho...

[SDJ]

This cut 'n paste from http://canberra.usembassy.gov/visa_waiver_prog.html

Q: Is there a limit to how many times I can enter the U.S. on the VWP? Must there be a minimum period between one period of travel on the VWP and the next?

A: No, but entry or re-entry into the United States is at the discretion of immigration officials at the port of entry.

And that is exactly what the US IO at the American Embassy told us when we renewed our B1/B2. It is up to the discretion of these jumped up little people with a uniform earning $10 an hour!!!

[davec]

The first important point is that any Visa or the Visa Waver programme is only permission to travel to the USA. Your right to entry and how long you stay is at the discretion of the CBP see below.

“A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record”

I did find a few sites related to the 90 days this is the gist of it. The 90 days is definitely per visit, the number of times you can do this in a year or how long between visits is not laid down in law. It is at the discretion of CBP but it would be “unlikely that a few days between visits would do it”. It also stated that ESTA is meant for short temporary visits. You must satisfy the CBP that you are a genuine visitor and not abusing the system and living mainly in the USA or that you are in a position where you need to work. The comment below shows why you may have a problem with multiple long visits, these rules apparently are the same or similar for visits under the Visa Waver program. It may also explain why some border officials appear hostile, if they work on the presumption you are a baddy and you have to prove you are innocent

"The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and
• That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit"

[luckylady]

Unless you have actually been stopped, then there is no way one can understand how it feels, and although you may think your statement re 90 days per visit is correct, wait until an IO tells you different!!!! See if you argue the point with an IO - I doubt it!! Been there, got the tee shirt.[msnwink]

I agree Sandra, we were questioned as if we were criminals. The IO was very abrupt and gave the impression he didn't believe one word we said. My husband was told only to speak when he was told and not before. Eventually we were allowed to enter the US . He waved us through without a word or an opology. I knew then it was an experience I didn't want to repeat.