Days allowed with B2

[ianjen 0]

Hi

My wife and I now have B2 visas valid for 5 years issued after our interview at US Embassy in Belfast, dated from 12 September 2013.

We plan to go over to USA on 18 November and will be staying with my US citizen daughter and recently born twins for 4-5 months.

We have already stayed in the USA for 172 days total since 20 December 2012 under 3 ESTA visits. We've never overstayed, never worked in USA, never gave any cause for concern!

My question is does our recently acquired B2 visa start with 6 months entry from the day we now enter the USA (are our previous days under ESTA done with and ignored or are we only allowed 8 days [180 - 172] under the 180 day rule)?

Just want some guidance before we book flights.

Thanks

Ian

[JohnR! 5,495]

Hi

My wife and I now have B2 visas valid for 5 years issued after our interview at US Embassy in Belfast, dated from 12 September 2013.

We plan to go over to USA on 18 November and will be staying with my US citizen daughter and recently born twins for 4-5 months.

We have already stayed in the USA for 172 days total since 20 December 2012 under 3 ESTA visits. We've never overstayed, never worked in USA, never gave any cause for concern!

My question is does our recently acquired B2 visa start with 6 months entry from the day we now enter the USA (are our previous days under ESTA done with and ignored or are we only allowed 8 days [180 - 172] under the 180 day rule)?

Just want some guidance before we book flights.

Thanks

Ian

Your allowed stay will depend on the officer who will interview you at the border. In most cases they should allow you to stay for 6 months but there are no guarantees nor is there any rule to it.

If you have already been to the US three times in the past 9 months you may very well be questioned upon arrival, so make sure you tell the truth and that you have enough funds to pay for your intended stay.

Your previous entries are not ignored but it does not mean you only have 8 days left. For all you know you may get another 6 months.

My suggestion is that you book your tickets to whatever dates you are planning so you can show the officer a return ticket upon arrival. Just bear in mind that you will need to show evidence that you can afford to travel on tourism for such a lengthy period of time.

good luck!

[britishdakota 18]

There isn't a rule on it, CBP just tend to prefer the 6 months per year as it shoes ties to home country etc. Evidence of strong ties to the UK would definitely be needed.

If you were granted a B1/B2 after entering to much on the VWP did that come up at the interview?

Just so you are aware you may have to file taxes in the US if you spend more than 182 days of the year in the US.

Edited September 23, 2013 by britishdakota