VWP in US question?

[EvilEmmy 1]

Forgive me if i've picked the wrong place to post this as I wasn't sure. If able could this topic be moved to an appropriate forum thanks!

So my question is regarding the VWP.

I keep seeing so many people refer to a limit of 180 days in a year. Does this mean Per calander year say January to December or is that between each trip returning and going?

The reason I ask is because Ive had two trips to the states at three months at a time UNDER the 90 day limit one from February to April 2010 and one from October 2010-January 2011 that come to under 180 days. I am curious does this mean if I want to visit my fiance I need to wait until next year before I can travel again. I was always under the impression you could visit as and when you chose permitting boarder control officers accepting or denying your visit. This is freaking me out a bit as if it's true I can't travel to the states anymore for this year and I was planning to maybe go back October time for another 3 months. If so I wish i had of known this before as I wouldn't have spent so long on each trip. It was more for getting to know my fiance and his children as for the last 3 years we've had an online relationship.

Any advice would be appreciated on this as I'm so confused the mere thought of even leaving a messege to my fiance to say I may not be able to come back this year because i've used my yearly allowance makes me feel sad that I'd been so hasty using that up without knowing such things

[Brother Hesekiel 2,236]

That is confusing indeed, especially since there are no hard rules on this.

Let's look at what we know, shall we?

1) Any person who "resides" (to be understood as being present) in the US for more than 180 days in any given calendar year, is a "resident' for tax purposes.

2) One should not spend more time inside the US than outside.

A very fluent rule. If you were in the US for close to 90 days until January 2011, this rule would "dictate" that you should stay outside the US for at least that amount of time, meaning 'til April or so. Now . . . does that mean that you will encounter problems when you arrive in March?

Nope, not necessarily. But if you left in January after 88 days and come back in February, asking for another 90 days to stay, you *may* encounter problems.

It all depends on the CBP officer at the P.O.E. Now . . . you have red hair and come from an area where burning witches was very common. You are also from a nation whose King the Americans fought when striving for freedom. Not that it matters.

What matters is that you aren't perceived as someone who tries to *ab-use* the privilege of the VW in order to illegally immigrate. Unfortunately, perceptions of others about you are largely out of your control, so all you can really do is to approach this with a healthy dose of caution and documentation, just in case.

[EvilEmmy 1]

Thank you for the reply just bob it's greatly appreciated. Chuckles as for the red hair i'm sadly a blonde that was my crazy hairdye days just over a year ago. But I loved the picture of me and my fiance even though it's an oldie.

So true and you guys did a good job at it too, my american friends out there affectionately refer to that argument alot when talking of history!

I was semi under the impression it's better to stay in your own country longer than visiting the states hence my 6 month or so gaps between the last two visits. I'm probably going to discuss delaying my next visit till October maybe November this year just to be on the safer side. I usually travel to Chicago as my P.O.E due to my fiance being in Indiana. But it all gets worrysome when you read of the 180 day rule and then others saying may be ok as long as have good gaps between trips. Mine have to be spaced out due to saving up and also spending time with my family.

Sadly I lack in good ties to the UK I have no rental agreements as my mom and her boyfriend pay the rent on where we live but i pay a contribution to them each month. I only have a contract mobile phone as my Utility bill and a bank account not counting a post office one i also have. I don't work due to unemployment rate being through the roof in the area I live in, but I get disability for life due to a condition I have and that's my primary income I thought maybe a letter from my mum's boyfriend saying he sublets the room to me for x amount each month that I do continue to pay for even when I have vacations. One from my mother maybe confirming my trip and how long i'm going for and that I always return back to the UK due to family commitments. And maybe a letter from my GP confirming any appointments after my next trip. Would they be suffice in my situation.

I've not had any issues at chicago before all they asked me was how long my stay was at both, why I was visiting said I was visiting friends, and asked me to give address of where I was staying and straight through. I have to admit they are by far the friendliest POE i've been to. Plus I have a good long term history of traveling to FL since 1996 although most of them were 2 week vacations up till 2002 I think. Then a massive jump to 2010.

Thanks again bob sorry for the long winded reply, I just was curious and a little nervous so hopefully I may be ok with suffice documentation.