armadillo

Hi all - I own a home in the US and have done for the past 6 months. (no mortgage.

I currently spend most of my time in the UK. I own a small property management business in the UK renting out 5 flats. I have no mortgage or debt personally or my company.

However I wish to spend more time out in the US in 18 months time.

Will the Visa Waiver program be my best bet? i.e. travelling out there say for 12 weeks, then returning to the UK for a couple of weeks, and then back out there again.

Surely as long as I can prove I have money to support me whilst I am there, no intent on looking for work, a house to live in in America and paid for, and a property business back home with a house address - that should be okay? Indeed if anything I am contributing property tax to the US and not taking anything in return like a job or benefits.

Appreciate any guidance anyone can give.

I have searched everywhere on the internet for answers to the above - there must be other people in a similar situation. - i.e. just want to relax out in the US, not work, been luckier enough that I can now retire and no need to work.

Thanks

Ray

You would be better of with a B-2 visa... this would allow you a 180 day stay ... If you are of the older generation you should have no problem getting one ... thousands do ...

If you are younger ..you may have a problem ..

armadillo

I will be 40 by the time I wish to spend longer, and am married.

We would like to stay longer than 180 days in a year. And also I would need to travel back into the UK say every 12 weeks for 2-3 weeks to check on my business.

I understand the B2 visa only allows 180 days per year, so wouldnt be ideal.

Thanks for your replay and any comment.

Ray

If your want more than 180 days then you have immigrant intent
and would need a non-tourist visa ... 180 days in 180 days out keeps the USCIS off your back... and everybody happy ...

armadillo

thanks - it all seems unfair - having looked at the non-tourist visas , none really apply to us - wish they had a retirement visa!

so i suppose we could just use the VWP until they tell us to apply for a b2 or other visa

Ray

After a few WV ..you will be refused entry and sent back ...of course then you have to apply for the B-2 ..and it will be not be easy to get ...
Its play by there rules or don't play....

ian-mstm

It seems that you do intend to live in the US, and not just visit. You should examine your true intent and act accordingly.

Ian

armadillo

We do want to retire there.

So basically its 180 days max that we could do so.

Or can the b2 visa be extended so we can spend most of the year out there.

Again thanks for your replys.

Andrew Wilson

I do not think the visa waiver program is a viable long term strategy. Once you start spending more than 1/2 of your time in the U.S., you greatly increase the risk of being denied entry under the visa waiver program because CBP will claim you are living and not visiting.

Obtaining a B-2 visa is not bad because you can stay for 180 day stints rather than just 90, but the same issues again may pop up if you frequently travel to the US and stay for long periods.

If you would like to live in the U.S., perhaps you can leverage your business/employment into something longer term:

(1) L-1



If you are able to start up a new U.S. office of your UK business, you may be eligible for an L-1. For info on the L-1, see:

http://www.srwlawyers.com/L-1Status-...yTransfers.asp


(2) E-2


If you would like to invest in the U.S. and start up a new business or purchase an existing business, you may be eligible for an E-2.

http://www.srwlawyers.com/E-2Visa-TreatyInvestor.asp


(3) EB-5 Green Card


If you have a certain amount of money available to invest in the U.S., you may be eligible for a green card. The minimum amount of investment would be $500,000.

Obviously a green card would allow you to sepnd as much time a syou wish in the U.S. and give you greater flexibility.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
www.h-1b.squarespace.com

armadillo

thanks andrew - does anyone know how other people seem to do it.

i always see stacks of tv on about brits retiring and/or having holiday homes in Florida. How comes they seem to be able to do it so easy.

My home in the US is incidentally in CA.

I will also look into the other options - thanks andrew for pointing those out

fatbrit

The TV companies tend to gloss over this minor inconvenience.

BTW, the E-2 visa is an absolute pig recommended only for the desperate, the L-1 is the current rage and therefore they're tightening down fast, and the EB-5 is pretty well uncharted territory at the moment.

Andrew Wilson

You can certainly do it as a visitor. But with the VWP program you are stuck with entries for less than 90 days. With a B-2 visa, your entries can be 180 days. With either, you need to spend no more than 1/2 of your year in the U.S.

If you want to actually live in the U.S., you will need some type of longer term status than just as a visitor.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
www.h-1b.squarespace.com

snowbunny

How do they pay for their health care?!

Ray

They can get 6 months travel health insurance in the UK ...

Living in the snowbird state ... I know literally dozens of brit snowbird who come here every Nov-April

snowbunny

Wow.

What does that cost? Seriously.

I would love to live half-and-half of the time when I retire. Unfortunately since there ain't no property ladder here to sell a house and make a bundle, I will have to win the lottery.