# length of stay allowed



## catrina and paul (Mar 13, 2010)

hi
first post on this site, so please excuse me if this question has been asked too many times before.
my wife and i are considering buying a holiday home in the u.s. (probably florida).
the question is really about the length of time we are allowed to stay in the country for any period of time.
i work away from home and would look to spend around three months in the u.s. at a time and then four months out of the country, working, and continuing this cycle.
my wife doesn't work, so would look to stay in the country for as long as allowed and then leave so as not to break any rules/regulations.
is this allowable ?
how long would my wife be allowed to stay before leaving and how long would she have to leave for before being allowed to come back to the u.s.
neither of us would be looking to take up employment or seek benefits of any kind.
we are both british born and bred, i work for the ministry of defence (if that makes any difference).


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## Fatbrit (May 8, 2008)

catrina and paul said:


> hi
> first post on this site, so please excuse me if this question has been asked too many times before.
> my wife and i are considering buying a holiday home in the u.s. (probably florida).
> the question is really about the length of time we are allowed to stay in the country for any period of time.
> ...


There is no straight-cut answer to your question, I'm afraid.

*General Principles*
You have no right to even enter the US. Non citizens are turned around every day, sometimes with a ban from returning.
Owning property here confers no extra immigration benefit -- you may own it but there is no right to visit it and certainly no right to live in it.
Every visitor is assumed to be an intending immigrant and it is their obligation to prove otherwise to the satisfaction of CBP.
As a visitor, CBP is effectively the law -- you really have no rights on the border.
Each entry into the US is a new opportunity for CBP to examine your non-immigrant intent.
Trips to adjacent countries and islands do not reset the clock.
As a pattern of long time here, short time outside builds up, expect more and more questioning at entry followed by eventual denial if the pattern continues.

*Methods of Entry*
VWP -- most common for those who qualify. Generally gives you 90 days entry or 0 days.
B2 -- Application is likely to be denied if you otherwise qualify for the VWP or fit into one of the narrow niches. These niches include retired folks with independent income commonly known as snowbirds. Denial of a B2 will increase the likelihood of increased scrutiny on a B2 visa. Entry is generally up to 180 days but sometimes they give less.

*Rule of Thumb*
As a tourist, always spend at least as much time out of the US as you spend in. For example, if you've just visited for 2 months, spend at least 3 months out.


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## eleewhm (Mar 13, 2010)

yaa.. it seems that way.... whew...


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