We have arrived - not a good start!

[Lyn]

Well we are of to Florida, had a nice leisurely breakfast before being driven to the airport. The flight left about 20 minutes late and we were told the flight would be longer than normal as we had to avoid some weather. The flight was uneventful and after we landed we made our way to immigration, that is were the trouble started. We were asked the normal questions of "what is the purpose of your visit" and "how long are you staying". Then we were asked "when were you last here" after we answered she asked "How long was that visit" She kept asking about previous trips and then told us that this trip would take us over the 90 day limit and that on the Visa Waiver we are only allowed to stay for a total of 90 days in a year. I said that I had never come accross that before, she said that they had never enforced it, but when the ESTA system was totally up and running we would be refused admission and should get a Visa. (Your comments on this would be appreciated). We are booked to go again in January, don't know what will happen then! She did allow us in, thank goodness, and we eventually got away and drove to the villa. Everything seemed fine, we went shopping and then settled down to a peaceful evening.

Up early this morning, just making breakfast when our Management Company called round, they had had a phone call from our water company to say that we have been using excessive amounts of water this month - 100,000 gallons!! The bill is $1300.00. ouch. There has been no-one in the villa for the whole of this period and we turn of the water to the toilets etc. as we know the previous owners had a problem with the en suite toilet once, but we have replaced all the faulty parts. Someone is comming out to see us on Monday. Later in the morning we went to the bank as we had been expecting something in the post and it had not arrived. When they checked their records they told us our American address was somewhere in Illinios, can anythink else go wrong. I was rather surprised that they did not seem overly concerned about how this could have happened and that they were sending our private information there. Hopefully things can only get better, hope to go to Sea World tomorrow if the weather improves, it has been drizzly all day today.

[MTP]

I thought it was 90 days maximum in a single visit, however, you were allowed a total of 180 days in any year. Perhaps this has changed, though, so don't quote me.

[SDJ]

Hi Lyn, were you on the VS15 yesterday? I was and have been stopped by IO the last 4 visits and taken for secondary questioning even though mine is a fingerprint problem. I was told by an IO that I had overstayed my 90 days about 5 years ago. I was in the process of waiting to go to the US Embassy to renew my B!/B2, and had been over to the villa 3 times earlier in the year, which, amounted to more than 90 days. However, as I had held the visa, and it was ready to be renewed, those visits were legitimate on the B1/B2. The IO agreed, and I asked her why she questioned me about 90 days as I had been under the impression that it was 90 days in any one visit. She disagreed and said it was 90 days per year.

When I renewed the Visa, I asked the guy at the Embassy. His response was 'it depends on which side of the bed the IO gets out of'. He thought it was funny - have to say, I was not impressed. Anyway, the good news for me was that suddenly my fingerprints have reappeared and Iwas out of the airport in record time and on my way to the villa.

Sorry to learn of all your mishaps and hope things improve - including the weather.

[steph_goodrum]

I was told by an Immigration Officer at Orlando that if any officer tells you that you are only allowed 90 days per year then you should ask him to show you the regulation and they won't be able to show you because it doesn't exist. He said it is quite defintely 90 days per visit.

[florida4sun]

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.

I thought it was 90 days maximum in a single visit, however, you were allowed a total of 180 days in any year. Perhaps this has changed, though, so don't quote me.

[luckylady]

I was told by an Immigration Officer at Orlando that if any officer tells you that you are only allowed 90 days per year then you should ask him to show you the regulation and they won't be able to show you because it doesn't exist. He said it is quite defintely 90 days per visit.

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]

[Clare R]

Those of us with B1/B2 visas are still asked exactly the same questions - why are we there (spending $$?), how long for, when were we last there, how long for, etc etc. Digit prints and photographs taken each time - it is not a time-saving activity at Immigration although it does allow the possible extra time in the States.

[Lyn]

Thanks for the replies, I would not like to argue/disagree with an IO but if they said no you have exceeded your allowance and cannot gain entry I would have to question thier decision. Our passport runs out next year and we think that when we get a new one we will apply for a visa.

[cook22uk]

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?

[jeansusrentals]

We've had Visas for over 28 years now - we got them originally because we were visiting relations in Ohio but also other relations in Toronto. We were advised at the time that the Canadian Immigration required us to have visas. Now whenever we arrive at MCO we keep getting asked why we have a visa! You can't win with some of these IOs! Only good thing for us now is that we fly from Glasgow to Dublin then MCO, but clear immigration at Dublin - with no problems at all (yet!)
Jean