B visa versus Green Card

Old Jun 1st 2007, 11:49 pm
  #1  
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Default B visa versus Green Card

So here's the situation. My UK citizen mum has been coming here twice a year, the last few times for visits of just under 90 days, on the visa waiver program. She's retired, and she likes to spend a goodly portion of time with her grandkids--those both in the USA and in the UK.

This last time, coming through Chicago O'Hare last week, she was told she had "abused" the visa waiver program and this would be the last time she would be allowed to use it. They weren't rude or mean and didn't pull her out for extra questionning--they just pointed out she was using it more than it was intended for. She was told to get either a B visa or a Green Card (through me, now a US Cit).

We had originally thought we would apply for a Green Card, but that might cause issues if she wants to be in the UK as much of the year as she is in the US. But would the B visa do the job? The POE guy breezily told her either would do and either would be easy for her to get, but who takes the word of a POE guy, right? I tried to explain this to my mum.

So, any thoughts on which would be the best application to make. I'm flying a little blind here because I had never considered the B visa before. Now it seems to make a lot of sense, but I wonder if there are drawbacks/problems others can see that I can't. Certainly, we need to apply for something, or she won't be allowed back!

Thanks for any input or advice.

Regards
-=-
Scarlett

Last edited by Scarlett-Dallas; Jun 1st 2007 at 11:52 pm.
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Old Jun 2nd 2007, 2:25 am
  #2  
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Default Re: B visa versus Green Card

Originally Posted by Scarlett-Dallas View Post
So here's the situation. My UK citizen mum has been coming here twice a year, the last few times for visits of just under 90 days, on the visa waiver program. She's retired, and she likes to spend a goodly portion of time with her grandkids--those both in the USA and in the UK.

This last time, coming through Chicago O'Hare last week, she was told she had "abused" the visa waiver program and this would be the last time she would be allowed to use it. They weren't rude or mean and didn't pull her out for extra questionning--they just pointed out she was using it more than it was intended for. She was told to get either a B visa or a Green Card (through me, now a US Cit).

We had originally thought we would apply for a Green Card, but that might cause issues if she wants to be in the UK as much of the year as she is in the US. But would the B visa do the job? The POE guy breezily told her either would do and either would be easy for her to get, but who takes the word of a POE guy, right? I tried to explain this to my mum.

So, any thoughts on which would be the best application to make. I'm flying a little blind here because I had never considered the B visa before. Now it seems to make a lot of sense, but I wonder if there are drawbacks/problems others can see that I can't. Certainly, we need to apply for something, or she won't be allowed back!

Thanks for any input or advice.

Regards
-=-
Scarlett
One big drawback to a GC that I would see is that it is not called permanent residence for nothing. Your mum would have to live in the US for the major part of the year or risk losing the GC again.

This raises the problem of healthcare: if she stays in the US for months at a time, what would she do for health insurance? And, as a resident of the US, she would no longer be entitled to use the NHS when she's back in the UK.

So I would vote for a B visa on those grounds alone.

And I've remembered another thing: as a US PR, all her income/assets would be subject to IRS tax laws - which raises all kinds of issues, including inheritance tax. I would definitely look into this as well if she seriously considers going down the GC route.

Last edited by Elvira; Jun 2nd 2007 at 2:30 am.
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Old Jun 2nd 2007, 3:51 am
  #3  
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Default Re: B visa versus Green Card

Originally Posted by Scarlett-Dallas View Post
So here's the situation. My UK citizen mum has been coming here twice a year, the last few times for visits of just under 90 days, on the visa waiver program. She's retired, and she likes to spend a goodly portion of time with her grandkids--those both in the USA and in the UK.
The B-2 will be perfect for her ...
She will be able to come Nov to April and miss the english winter ...

Thousand of older Europeans come to Florida every year to get
away from the winter...

One word of warning when she applies she must not mention she will be babysitting or anything like that (that may be considered working).... just visiting her daughter for the winter

http://london.usembassy.gov/cons_new/visa/niv/b2.html
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Old Jun 2nd 2007, 4:02 am
  #4  
Tai Fu
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Default Re: B visa versus Green Card

also as a US citizen you must pay taxes on all income earned, regardless of
country you are in. This was an issue for alot of english teachers in
Taiwan... I think theres a law that prevents double taxation if the country
you are in are already taxing you. So unless you intend to become an
American and forego all previous national ties, dont get a green card.

--
TAI FU
 
Old Jun 2nd 2007, 7:57 am
  #5  
Alun L. Palmer
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Default Re: B visa versus Green Card

Ray <[email protected]> wrote in news:34$455097$4862166
[email protected]:

>
>> So here's the situation. My UK citizen mum has been coming here
>> twice a year, the last few times for visits of just under 90 days, on
>> the visa waiver program. She's retired, and she likes to spend a
>> goodly portion of time with her grandkids--those both in the USA and
>> in the UK.
>>
>> This last time, coming through Chicago O'Hare last week, she was told
>> she had "abused" the visa waiver program and this would be the last
>> time she would be allowed to use it. They weren't rude or mean and
>> didn't pull her out for extra questionning--they just pointed out she
>> was using it more than it was intended for. She was told to get either
>> a B visa or a Green Card (through me, now a US Cit).
>>
>> We had originally thought we would apply for a Green Card, but that
>> might cause issues if she wants to be in the UK as much of the year as
>> she is in the US. But would the B visa do the job? The POE guy
>> breezily told her either would do and either would be easy for her to
>> get, but who takes the word of a POE guy, right? I tried to explain
>> this to my mum.
>>
>> So, any thoughts on which would be the best application to make. I'm
>> flying a little blind here because I had never considered the B visa
>> before. Now it seems to make a lot of sense, but I wonder if there are
>> drawbacks/problems others can see that I can't. Certainly, we need to
>> apply for something, or she won't be allowed back!
>>
>> Thanks for any input or advice.
>>
>> Regards
>> -=-
>> Scarlett
>
> The B-2 will be perfect for her ...
> She will be able to come Nov to April and miss the english winter ...
>
> Thousand of older Europeans come to Florida every year to get
> away from the winter...
>
> One word of warning when she applies she must not mention she will be
> babysitting or anything like that (that may be considered working)....
> just visiting her daughter for the winter
>
> http://london.usembassy.gov/cons_new/visa/niv/b2.html
>

Exdeptb that you can only stay an initial 90 days on a B2, so if you want
to stay 6 months at a time you have to apply for an extension half way
through without necessarily knowing if it will be granted.
 
Old Jun 2nd 2007, 8:56 am
  #6  
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Default Re: B visa versus Green Card

Originally Posted by Alun L. Palmer View Post
Exdeptb that you can only stay an initial 90 days on a B2, so if you want
to stay 6 months at a time you have to apply for an extension half way
through without necessarily knowing if it will be granted.
B visas are usually given a 6-month stay in the USA, with an extension available. It's the VWP which only gives you 90 days, with no extension available.

Rene
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Old Jun 2nd 2007, 2:20 pm
  #7  
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Default Re: B visa versus Green Card

Thanks very much, guys. The B visa seems perfect. Is there no downside?
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Old Jun 2nd 2007, 2:26 pm
  #8  
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Default Re: B visa versus Green Card

Originally Posted by Tai Fu View Post
also as a US citizen you must pay taxes on all income earned, regardless of country you are in.
We've been through this before... but you don't seem to have absorbed the info yet. You are *not* required to pay US tax on money earned outside the US... you *are* required to file a US tax return - big difference! You avoid double taxation *only* if the country has a tax treaty with the US.

Ian
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Old Jun 2nd 2007, 2:42 pm
  #9  
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Default Re: B visa versus Green Card

There seems to be conflicting info. about whether she'll have to appear in person at the US embassy to get a B visa. The instructions say she will, but on the form it says she MIGHT have to appear before a consular officer IF certain things that don't apply to her. Anyone know what generally happens?

Thanks again!!
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Old Jun 2nd 2007, 2:47 pm
  #10  
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Default Re: B visa versus Green Card

Originally Posted by Scarlett-Dallas View Post
There seems to be conflicting info. about whether she'll have to appear in person at the US embassy to get a B visa. The instructions say she will, but on the form it says she MIGHT have to appear before a consular officer IF certain things that don't apply to her. Anyone know what generally happens?

Thanks again!!
79 and under do have to appear ....
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Old Jun 2nd 2007, 3:18 pm
  #11  
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Default Re: B visa versus Green Card

Originally Posted by Ray View Post
79 and under do have to appear ....
The B and the VWP are no different in that both are for visiting, not living, and that seems the issue.

How old is she?
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Old Jun 2nd 2007, 5:07 pm
  #12  
J. J. Farrell
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Default Re: B visa versus Green Card

On Jun 1, 11:57 pm, "Alun L. Palmer" <[email protected]> wrote:
> Ray <[email protected]> wrote in news:34$455097$4862166
> [email protected]:
>
>
>
>
>
>
>
> >> So here's the situation. My UK citizen mum has been coming here
> >> twice a year, the last few times for visits of just under 90 days, on
> >> the visa waiver program. She's retired, and she likes to spend a
> >> goodly portion of time with her grandkids--those both in the USA and
> >> in the UK.
>
> >> This last time, coming through Chicago O'Hare last week, she was told
> >> she had "abused" the visa waiver program and this would be the last
> >> time she would be allowed to use it. They weren't rude or mean and
> >> didn't pull her out for extra questionning--they just pointed out she
> >> was using it more than it was intended for. She was told to get either
> >> a B visa or a Green Card (through me, now a US Cit).
>
> >> We had originally thought we would apply for a Green Card, but that
> >> might cause issues if she wants to be in the UK as much of the year as
> >> she is in the US. But would the B visa do the job? The POE guy
> >> breezily told her either would do and either would be easy for her to
> >> get, but who takes the word of a POE guy, right? I tried to explain
> >> this to my mum.
>
> >> So, any thoughts on which would be the best application to make. I'm
> >> flying a little blind here because I had never considered the B visa
> >> before. Now it seems to make a lot of sense, but I wonder if there are
> >> drawbacks/problems others can see that I can't. Certainly, we need to
> >> apply for something, or she won't be allowed back!
>
> >> Thanks for any input or advice.
>
> >> Regards
> >> -=-
> >> Scarlett
>
> > The B-2 will be perfect for her ...
> > She will be able to come Nov to April and miss the english winter ...
>
> > Thousand of older Europeans come to Florida every year to get
> > away from the winter...
>
> > One word of warning when she applies she must not mention she will be
> > babysitting or anything like that (that may be considered working)....
> > just visiting her daughter for the winter
>
> >http://london.usembassy.gov/cons_new/visa/niv/b2.html
>
> Exdeptb that you can only stay an initial 90 days on a B2, so if you want
> to stay 6 months at a time you have to apply for an extension half way
> through without necessarily knowing if it will be granted.

That's not correct. With a few rare exceptions, people entering on a
B-2 will be admitted for a minimum of 6 months, and may be admitted
for up to a year. The stay can be extended while in the USA for
periods of 6 months at a time.
 
Old Jun 2nd 2007, 7:05 pm
  #13  
-Hunter
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Default Re: B visa versus Green Card

"J. J. Farrell" <[email protected]> wrote in message
news:[email protected] oups.com...
| On Jun 1, 11:57 pm, "Alun L. Palmer" <[email protected]> wrote:
| > Ray <[email protected]> wrote in news:34$455097$4862166
| > [email protected]:
| >
| >
| >
| >
| >
| >
| >
| > >> So here's the situation. My UK citizen mum has been coming here
| > >> twice a year, the last few times for visits of just under 90 days, on
| > >> the visa waiver program. She's retired, and she likes to spend a
| > >> goodly portion of time with her grandkids--those both in the USA and
| > >> in the UK.
| >
| > >> This last time, coming through Chicago O'Hare last week, she was told
| > >> she had "abused" the visa waiver program and this would be the last
| > >> time she would be allowed to use it. They weren't rude or mean and
| > >> didn't pull her out for extra questionning--they just pointed out she
| > >> was using it more than it was intended for. She was told to get
either
| > >> a B visa or a Green Card (through me, now a US Cit).
| >
| > >> We had originally thought we would apply for a Green Card, but that
| > >> might cause issues if she wants to be in the UK as much of the year
as
| > >> she is in the US. But would the B visa do the job? The POE guy
| > >> breezily told her either would do and either would be easy for her to
| > >> get, but who takes the word of a POE guy, right? I tried to explain
| > >> this to my mum.
| >
| > >> So, any thoughts on which would be the best application to make. I'm
| > >> flying a little blind here because I had never considered the B visa
| > >> before. Now it seems to make a lot of sense, but I wonder if there
are
| > >> drawbacks/problems others can see that I can't. Certainly, we need to
| > >> apply for something, or she won't be allowed back!
| >
| > >> Thanks for any input or advice.
| >
| > >> Regards
| > >> -=-
| > >> Scarlett
| >
| > > The B-2 will be perfect for her ...
| > > She will be able to come Nov to April and miss the english winter ...
| >
| > > Thousand of older Europeans come to Florida every year to get
| > > away from the winter...
| >
| > > One word of warning when she applies she must not mention she will be
| > > babysitting or anything like that (that may be considered working)....
| > > just visiting her daughter for the winter
| >
| > >http://london.usembassy.gov/cons_new/visa/niv/b2.html
| >
| > Exdeptb that you can only stay an initial 90 days on a B2, so if you
want
| > to stay 6 months at a time you have to apply for an extension half way
| > through without necessarily knowing if it will be granted.
|
| That's not correct. With a few rare exceptions, people entering on a
| B-2 will be admitted for a minimum of 6 months, and may be admitted
| for up to a year. The stay can be extended while in the USA for
| periods of 6 months at a time.
|

That is not correct either!
Applicants with B2 visas are generally admitted for a minimum of six months
and are allowed to file for extension. However, the maximum amount of time a
B2 holder can stay in the US continuously at one time cannot exceed 1 year.
B1 visa holders can be admitted on a case by case basis up to a maximum of
one year. The initial stay can be as short as 1 day or as long as 1 year.
You can't just extend your 6 months initial stay under B2 for another 6
months repeatedly and indefinitely after you already have your one year!
 

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