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B1/B2 visa run requirements
Anna_21
Posted: Thursday, December 3, 2015 4:56 PM
Joined: 01/09/2010
Posts: 2


Hi everyone! 

I know this topic has been somewhat covered already but I need a more specific answer. I have a B1/B2 visa & was last stamped into the USA around the start of July. My boat is Cayman flagged & has left the USA earlier this year already. We are heading to the Bahamas soon & I wanted to know if this will qualify as leaving the USA & I can be stamped back in with another 6 months, or will they deny my re-entry because it's not "far enough" out of U.S territory? 

Any help would be greatly appreciated!  


Anita Warwick
Posted: Friday, December 4, 2015 9:47 PM
Joined: 15/05/2008
Posts: 44


Out of  USA (Bahamas) is out of  USA! it's not a matter of being far enough. You left USA (do you or your captain clear you out?)    So yes, you should clear back in upon return.

But when you were stamped in, did Immigration  circle B1 or B2. It is not both. B1 allows you to work on a foreign flagged vessel. B2 tourist, does not.   You cannot enter USA on a B2 and seek work legally. Crew have been deported for this.


Carsten
Posted: Friday, December 4, 2015 9:51 PM
Joined: 28/02/2015
Posts: 1


... leaving for the Bahamas will 'set the clock' back to zero for sure. When you re-enter the US it will always depend on the officer and normally it is no problem at all so you will just get another 6 months on your next entry. 

It is more of a problem if you stay longer than 180 days a year in the US, than you would have to file for taxes in the US even if you are not a resident .... 

Hope this helps,

Carsten


Caroline von Broembsen
Posted: Friday, December 4, 2015 10:40 PM
Joined: 18/11/2012
Posts: 7


Actually you cannot seek work on either a B1 or B2 admission, B1 only allows one to work on the yacht one is stamped in on . when you leave that boat you are no longer on a B 1 according to USA law.
Anonymous
Posted: Saturday, December 5, 2015 7:49 PM
As long as there is a record of your departure and a record of clearing into the Bahamas you are fine.
With regards to staying over 180 days and having to file USA tax return that is a little misleading.
Below is the true requirement on how to calculate your days -

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: 
    • All the days you were present in the current year, and
    • 1/3 of the days you were present in the first year before the current year, and
    • 1/6 of the days you were present in the second year before the current year.
So with that all said, if you are in the USA every year for more than 120days over 3 years you are a tax resident.
Better to keep your boat out of the USA when its not being used!

Ken Bracewell
Posted: Tuesday, December 8, 2015 1:07 AM
Joined: 21/05/2008
Posts: 5


Anita Warwick wrote:

Out of  USA (Bahamas) is out of  USA! it's not a matter of being far enough. You left USA (do you or your captain clear you out?)    So yes, you should clear back in upon return.

 


 

This is not necessarily the case any longer. CPB and the USCG held a seminar at FLIBS this year. During which they stated that a meaningful departure to the Bahamas, Mexico, or Canada must be at least 30 days. Any less than this and you run the risk of not being readmitted.
 
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