Crossing into Mexico

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thesmiths

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We will be on a B2 visa on probably 6 month visit.  If we cross into Mexico on our way back home i.e. the last 2 weeks of our 6 months and don't cross back into the US but go home to the UK from Mexico, does the 2 weeks in Mexico count as part of the 6 months or is it extra? 

Thank you.
 
    While you should contact the US Border Services directly yourself, the way it has been explained to me is that you are allowed 6 months in the US as a tourist within any 12 month period, that is to say a rolling 12 months, not calendar year.  Then any absence in order to be deducted from that time must exceed 30 days.  All that to say, it is then my understanding that if you leave the US at 5 1/2 months, then return to the UK, you could still have 2 weeks eligibility to return within 12 months of when you initially entered the US.
    Confusing at best!  That is why you should contact the US government.  However it becomes mute if you head home and are not returning to the US within the year.
    As a side issue, what are you planning on doing with the motor home?

Ed
 
Thank you.

Well, hopefully, all being well, we will be back for another 6 months (but only 6 months in a rolling year lol! - so hoping to do something like May-Oct each year) so will store the RV for 6 months somewhere.
 
I wouldn't make a big deal out of it....

from what I see here in California, no one ever leaves after they get in.
 
    That's why I asked, make sure you check out storage in Mexico as many areas are high crime and otherwise you could get back to find a stripped unit.  You may find it difficult to find flights out of many areas of Mexico, and any stop over in the US would count toward your time there and void the 30 day exit rule.
    Yes the 12 month rolling rule is not to be confused with the IRS rule that anyone who resides in the US for in excess of six months in any calendar year must complete an Income Tax return.  That just adds to the confusion.
    Unfortunately, they seem to treat tourist much tougher than illegal immigrants.  Maybe they thing that we actually have assets to attack, little do they know.

Ed
 
If we cross into Mexico on our way back home i.e. the last 2 weeks of our 6 months and don't cross back into the US but go home to the UK from Mexico, does the 2 weeks in Mexico count as part of the 6 months or is it extra?
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The simple answer is that, since you are not returning to the U.S., the two weeks in Mexico will not be counted as part of your 6 months. Once you leave the U.S. on your way home, the clock stops. However, to avoid questions on future visits about when you left, you need to be sure your I-94 is updated. Depending on the port of exit from the U.S. and the carrier (airline), the carrier will likely notify the CBP about your exit (nowadays, via copies of passenger manifests), and the CBP electronically updates your I-94 status. See this page of the U.S. Customs and Border Protection web site.

I'm now not aware of a rolling 12 months restriction on multiple entry by Brits with a B2 visa; Does anyone have a link to that? It sounds like a restriction placed on Canadians by their home country (or province) to maintain their government benefits eligibility.
Edit: Typo.
 
To make things less complicated, I would cross back into the US (make sure your visa is marked "Multiple Entry") and store the rig on this side.  Personally, I would not leave my rig unguarded for ten minutes in Mexico.  Then, when you depart the US, your I-94 is properly annotated with your departure and it doesn't look as though you overstayed your visa.

While I doubt you will have issues with firearms or ammunition, this applies to everyone and is worth noting.  Mexico will put you in the slammer for having just one bullet in your vehicle, and each bullet is considered a separate offense.  Do not take weapons or ammo into Mexico.  I would always have my rig within view or parked in a safe park.  Examine the undercarriage prior to returning to the states for hidden packages, especially in the bumper areas.  Look at my screen name and you can probably figure out why I know this stuff.
 
Good warning re firearms and ammunition in MX, although I wonder if/how a tourist visitor from the UK could buy a firearm in the U.S.; I haven't researched this one.

Look at my screen name and you can probably figure out why I know this stuff.
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I've looked at your screen name many times, scratched my head, and didn't figure it out until now  :-[
 
Leaving your rig in Mexico is a bad idea. Will it be under a cover? Where in Mexico. Any border area will be an invitation for thieves. We live in Mexico for 6 out of 12. Have done this for over 20 years. If you try to fly out of Mexico you better have your  Mexican Tourist Visa. It is really not a Visa but a permit to allow you up to 6 months in Mexico. You will also need a TIP: Temporay Import Permit for the MH. Do you have a toad? Leaving that in Mexico is illegal.
 
    Tom, you are likely correct that the 12 month rolling year is specific to Canadians and Mexicans due to the special rules that avoid the need for a formal visa.  However, it is definitely US rules that apply.  Here is an article that clarifies the why there is total confusion.  To paraphrase, it is fully up to the US border officer as to how they want to define the term "year".  I've gone to all the US websites, and there is no clear definition given, so read the article and see why many of us are concerned.  I can say that I have asked several US border officers and have always been told we were allowed to be in the USA only 6 months our of the previous 12, hence rolling scale.

    http://www.aboveborder.com/node/13

Ed
 
thesmiths said:
Thanks guys.  I think I should have said, we would be storing the rig in the US and then flying into Cancun for a short stay then out back to the UK.  :)
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If you are flying out to the UK (take me with you) from Mexico, then be sure to turn in your I-94 at the border (on the US side) as you go south.  That will be your proof that you did not overstay.  Trust me, that will come in handy when you want to come back over.
 
... be sure to turn in your I-94 at the border (on the US side) as you go south.
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Since the Smiths are flying into Cancun and, since we don't go through a border check point when leaving the U.S. by air, I don't know how they would do that  ???  OTOH this procedure on the CBP web site explains what to do if they get back to the UK and still have a paper I-94. Meanwhile, the CBP web site reports that paper I-94's have been replaced by electronic I-94s and an 'entry stamp' in the passport for folks arriving in the U.S. by air, so they wouldn't have an I-94 to turn in at the border anyway  ???
 
Ed, I wonder if inscop can shed any light on the calendar year vs rolling year question for Canadian citizens entering the U.S.  ???
 
    Along those lines, when we crossed on about December 13th, the border guard told me that my 6 months would be up on May 12th?  I didn't correct him by pointing out that he couldn't count, but in reading everything yesterday, am I now bound by his inability to count to 6 or by the normal 6 months usually allowed!
    Why can't we just move to the European open border concept.  Of course that would open up a bunch of other issues, one of which we have all agreed not to discuss on the forum.

Ed
 
yes, in an effort to be politically correct,  we have agreed not to discuss the "elephant in the room".....

the open border may work fine on the north side.

Canadians come here for elective surgery's and snowbird vacations and then understandably, they go back to Canada.
 
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