VWP - limit on visits?

[sarah9 14]

Hello!

Could anyone tell me - i was told on here a while ago that the visa waiver programme limits your visits to 180 days per 12 month period, now that i'm very close to that, and i read something else that tells me it's 180 days in a calendar year.

I've checked on every official website that i can think of and i can't find anything that says i am limited to 180 days at all - only that i can stay for only up to 90 days at a time?

I'm just hoping that someone is going to tell me it's a year, not a 12 month rolling period, as it will mean i can come back sooner...... finding the prospect of a 4 month wait quite upsetting at the moment, as no sign of progress on the NOA2 yet

Just wondering if anyone knows for sure, otherwise i guess i'll be making a call to find out

Thanks

[S&B 1]

The best I could find when I was turned away said it was no more than 6 months out of any calendar year. Ie., if you came down in January you could only stay until June and not come back until the following January, or if you went down in January, stayed for 3 months, and then left for however long, you could come back for max another 3 months again until the following January. I think the idea is that you're not spending the majority of any year in the US. I'm not 100% on this though.

ETA: The 180 days thing might just be for Canada, I remember reading that somewhere. You might only be able to stay for 90 days, but as far as that time limit, I believe it's out of any calendar year, like I said above.

Edited February 3, 2011 by Anysunrise

[S&B 1]

Yup, it's definitely 90 days.

[sarah9 14]

I'm sorry i should have been clearer - it's 90 per trip that i am allowed to stay for - but the information says nothing about a limit on the number of trips. I stayed for 87 days last summer, and i'm returning home in 2 weeks after another 85 day trip. The reason i'm asking is if it was per calendar year - it would mean i'd be able to return again - as i've only stayed for 2 months in 2011 (but 6 in a 12 month rolling period)

I know if i use the allowance up early in the year i wouldn't be able to come back until 2012 - but i seriously hope that our K1 will be approved before that becomes an issue!! (NOA1 rec'd in Oct 2010)

You're absolutely right though, there may be different restrictions on each country - i guess the safest way would be to make a call and ask them - i was just hoping that someone would have a magic answer for me

[S&B 1]

I'm sorry i should have been clearer - it's 90 per trip that i am allowed to stay for - but the information says nothing about a limit on the number of trips. I stayed for 87 days last summer, and i'm returning home in 2 weeks after another 85 day trip. The reason i'm asking is if it was per calendar year - it would mean i'd be able to return again - as i've only stayed for 2 months in 2011 (but 6 in a 12 month rolling period)

I know if i use the allowance up early in the year i wouldn't be able to come back until 2012 - but i seriously hope that our K1 will be approved before that becomes an issue!! (NOA1 rec'd in Oct 2010)

You're absolutely right though, there may be different restrictions on each country - i guess the safest way would be to make a call and ask them - i was just hoping that someone would have a magic answer for me

Well, the 6 months for me is out of the calendar year, so I would assume it would be the same. You're right though, I would probably call and ask. I can't say for certain because when I was turned away, I had spent 10 months total out of the calendar year when, not knowing any better, I tried to get back in the next year, so they had reason to deny me anyways =P

[Brother Hesekiel 2,236]

Even in an "extreme" scenario, you cannot spend more time in the US than outside the US. That means, in any given calendar year, you cannot spend more than 179 days in the US. Also interesting in this regard is that once you spend more than 180 days in the US in any given calendar year, you are a resident for tax purposes.

Although there's no written rule how long you have to stay outside the US after having visited, caution exercised by CBP officers will sooner or later really put the brakes on visiting too often.

[sarah9 14]

Well, the 6 months for me is out of the calendar year, so I would assume it would be the same. You're right though, I would probably call and ask. I can't say for certain because when I was turned away, I had spent 10 months total out of the calendar year when, not knowing any better, I tried to get back in the next year, so they had reason to deny me anyways =P

Well the thing that started me wondering, was when i went through BP in November, they didn't seem at all bothered with how long i'd spent in the country previously! I was expecting to be questioned on that - as i completely understand i should be spending under half of my time here!!! Instead i had an hours questioning on whether or not i was planning to get married while i was here..... much to my surprise

[sarah9 14]

Even in an "extreme" scenario, you cannot spend more time in the US than outside the US. That means, in any given calendar year, you cannot spend more than 179 days in the US. Also interesting in this regard is that once you spend more than 180 days in the US in any given calendar year, you are a resident for tax purposes.

Although there's no written rule how long you have to stay outside the US after having visited, caution exercised by CBP officers will sooner or later really put the brakes on visiting too often.

This is what i find frustrating!! No written rule I'm trying to do everything "by the book" but i never seem to be able to get the black and white guide i'm looking for.... just a million grey areas.

I don't want to be seen to be visiting "too often" and risk being turned away, but i also don't want to spend more time than i have to separated from my fiance! I guess i'm in quite an unusual situation though - being able to spend so much time here, most others would have more personal restrictions!

[S&B 1]

This is what i find frustrating!! No written rule I'm trying to do everything "by the book" but i never seem to be able to get the black and white guide i'm looking for.... just a million grey areas.

I don't want to be seen to be visiting "too often" and risk being turned away, but i also don't want to spend more time than i have to separated from my fiance! I guess i'm in quite an unusual situation though - being able to spend so much time here, most others would have more personal restrictions!

Yeah, I know what you mean. At least you know about all this before anything happened! I was foolishly ignorant of all things immigration related, and almost got myself banned for life. They were nice enough to tell us at the last minute that they would leave it at just requiring me to have a visa in order to enter again. It's been 14 months since I've been able to go into the US, and my fiance has only been able to come up once every 3-4 months for a week at a time due to work =( Thank God that's almost over!

Best of luck, and I hope you can find out what the story is!

[sarah9 14]

Yeah, I know what you mean. At least you know about all this before anything happened! I was foolishly ignorant of all things immigration related, and almost got myself banned for life. They were nice enough to tell us at the last minute that they would leave it at just requiring me to have a visa in order to enter again. It's been 14 months since I've been able to go into the US, and my fiance has only been able to come up once every 3-4 months for a week at a time due to work =( Thank God that's almost over!

Best of luck, and I hope you can find out what the story is!

Oh no, that must be awful! I can't imagine not being able to come back for that long - because of the full day it takes to travel here, my fiance can't really come to visit me in the UK - again because of work - it's not really feasable to spend that much money, and 2 days travel just to come for a week! So it's up to me to do the travelling for now, and i'm trying my best not to get myself in trouble

You're absolutely right, i'm so thankful that i found out these things before i travelled..... i think it's because i worry about everything, so feel the need to research

[iampatricias 17]

You know, I have been crossing the Niagara border on the VWP very frequently for the last 2 or 3 years. I've probably been WITHOUT an I94 in my passport no more than 25 days of the last two years, because I always go back and get a new one when the current one expires. Now, I'm not STAYING in the States every time I cross, so maybe that makes a difference, but I haven't been denied a visa or visa entry (except when I've gone without return tickets/itinerary) based on how often I've applied/visited the States.

Maybe these are exceptional circumstances?

[RebeccaJP 0]

The annoying thing with this is that there aren't any hard and fast rules. However, even if you just make several shorter trips the guard may have cause to question you. Last year I spent a total of five months in the US, with 3.5 months back home in the UK in between. I was given a real grilling on my second trip, taken into secondary passport control, had my luggage searched and was told I was "abusing the system". That was before submitting my petition (which we did together during that stay - I'm an October filer), needless to say I won't be trying my luck with another visit before my K1 visa is issued.

It's frustrating for those of us who do want to do things by the book, but I would definitely err on the side of caution. You don't know what mood the guard will be in when you pass through immigration!

Edited February 3, 2011 by RJI