US Visa

[beth1987]

I am hoping for some advice in regards to a planned around the world travel later this year. I am currently having difficulties understanding the US waiver visa policy. My partner and I are planning to fly into LA after 1 month travelling in central America, once in the USA we intend to travel through the west coast into Canada in 2 weeks, once in Canada we intend to stay 3 months for the ski season, and we will be applying for a Bunac visa. After the 3 months in Canada we will be flying from Vancouver directly to Tokyo and not be returning to the states.

However all this has left us confused to where we stand on the US Visa waiver, we keep finding contradicting information, some people seem to say that we can only stay a total of 90 day in all of North America, but as we will have a Canadian Visa and will not be returning to the states does this still apply? Also some people seem to be saying that it is fine to stay over 90 days as long as you leave you visa waiver at the border of the US and Canada?

I was hoping for some clarification on all this, as we are currently holding a flight with STA travel.

[dzug]

It is a bit of a grey area but I reckon that if they apply the rules strictly you need a visa.

The problem will be getting into the USA in the first place - as you are not legal permanent residents of Canada a one way ticket there - or no ticket at all within the 90 day time limit - means no visa waiver.

IF you get into the US it will be plain sailing and won't store up problems for future visits as long as your exit to Canada is recorded.

[LCDMAN]

Don't be confused into thinking that, in this case, "North America" means the whole of the North of the continent (i.e USA and Canada)

The VWP 90 day stay limit applies to the USA, not Canada, so I don't see you will have any problems at all with the VWP provided you can prove (on arrival) that you will be exiting the USA before the 90 days is up. This could be by way of pre-booked travel ticket (rail/plane etc.) and prior hotel booking at a Canadian destination. They want to be sure you have firm plans to leave, before they let you in!!

Don't forget that now you have to register, at least 72 hours before travel to the USA, via the online ESTA system (as part of the VWP).

https://esta.cbp.dhs.gov/