Form 8840
Posted date : Sep 14, 2023.
My husband and I have been spending our winters in Florida for a number of years. We are usually in the U.S. for fewer than 182 days. However, last year we went over by about 20 days and filed a Form 8840 for the first time. This year, if we travel when we want to, we will again be over by about 25 days. As long as we file the Form 8840, are we okay to stay in the U.S. for the extra 25 days, or should we shorten our trip?
Judy Fisher
Inverary, ON
Ed.: Filing an 8840 form does not grant you permission to stay in the United States for longer than 182 days or six months. The IRS 8840 Form has absolutely nothing to do with customs and immigration; it is a tax form. If you intend to stay in the United States for longer than 182 days, you are intending to violate the terms of your B2 visitor visa, which could lead to you being barred from entering the United States in the future. There are many examples of persons being barred from re-entry to the United States for two years, five years or even for life.
