# B1/B2 Visa



## scouserdave (Jul 4, 2009)

Ny wife and I are retired UK residents. We own a property in Florida. We understand we are allowed 180 days maximum in USA out of 365. 
Can anyone tell me do they take the 365 days from Jan 1st to Dec 31st, or any period of 365 days. We were in USA from March 1st to July 4th this year and intend returning November 18th until March 4th 2010. 
My point is if the IO counted 180 days from March 2009 to March 2010 then we would have exceeded 180 days. If they count from Jan to December we would be within the limit. Does anyone know how they make the calculation please? Many thanks, Dave


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## Fatbrit (May 8, 2008)

It's only a rule of thumb to spend at least as much time out as in.


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## Davis1 (Feb 20, 2009)

scouserdave said:


> Can anyone tell me do they take the 365 days from Jan 1st to Dec 31st, or any period of 365 days. We were in USA from March 1st to July 4th this year and intend returning November 18th until March 4th 2010.
> My point is if the IO counted 180 days from March 2009 to March 2010 then we would have exceeded 180 days. If they count from Jan to December we would be within the limit. Does anyone know how they make the calculation please? Many thanks, Dave


Basically you are returning to quickly .. its counted from your last entry so if you stayed March- july ..thats 4 months ... so the theory is you can stay 2 more months for this period 

The majority of Snowbird are very careful on this and stay Nov to April 
every year to avoid any confusion and keep the POE happy 

Of course the decision is always with the POE


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## scouserdave (Jul 4, 2009)

Really appreciate your replies ... may I take the scenario one stage further?
We have booked our return tickets to Tampa ... Nov 18th to March 4th.
If the Immigration Officer said we have had 4 months already during 2009, would he be most likely to stamp the visa with an exit date of 2 months?? or would he reject our arrival altogether and return on the next plane? Any ideas?


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## Davis1 (Feb 20, 2009)

scouserdave said:


> Really appreciate your replies ... may I take the scenario one stage further?
> We have booked our return tickets to Tampa ... Nov 18th to March 4th.
> If the Immigration Officer said we have had 4 months already during 2009, would he be most likely to stamp the visa with an exit date of 2 months?? or would he reject our arrival altogether and return on the next plane? Any ideas?


He can do whatever he likes ... he may give you a lesser time 
you are unlikely to get bounced ... he may just stamp your passport and say nothing ...being older has the advantage of them not seeing you as a threat 

just try to get yourself organized for the future


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## mamasue (Oct 7, 2008)

As another poster already stated... it depends on the officer at POE...BUT....
This happened to me before.... I'd just bought a house in the US and it needed a lot of work...I'd already spent 3 months on a VWP... then went back to UK and got a B2..returned to the US 2 weeks later.

The POE officer only wanted to give me another 3 months..... but I aked for more time.... she sent me to secondary processing... and they granted me an extra month.... giving me 7 months total that year.

It probably wouldn't work every time.... but it was fine that one time.


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