Cor Bosman

Hi all, I recently posted in a.v.u.m and someone suggested to try here too,

Im a dutch citizen, about to be married to an american. We've been together
for 10+ years. We live in The Netherlands where we own a house, have pets,
and I own a company. Im financially independant.

In the winter we like to escape the cold. We usually go to the US Virgin
Islands where my gf's mother lives and we can enjoy our hobby, underwater
photography. So far we've been able to keep our yearly trip under 90
days, although barely. We have plans though to stay longer than the
waiver program allows. Maybe upto 5 months a year. For us this would still
be a holiday, I dont need to work, dont want a greencard, dont want to
become an american. I just want to chill out with my gf/wife in the
tropics.

I thought this wouldn't be a problem. What country doesn't want a tourist
to spend their money there But im fearing it might actually be a problem.
I could probably get a multiple-re-entry visa from the consulate, but
Im not confident that the US immigration will be so forthcoming. They
might think i plan to stay, and deny entry, which would probably mess
things up forgood.

What should I do? Is there even anything I can do? I believe I can convince
the consulate here of my honorable intentions, but I wouldnt bet money that
I can convince US immigrations. Maybe I should become a US (VI) resident,
but that would probably open up a whole other can of tax worms for me.
And that probably doesnt really work either. And no, I dont want to go to
any of the dutch islands instead (again..my gf's mom lives there..)

Any tips appreciated,

Cor

Ingo Pakleppa

On Mon, 31 Mar 2003 02:25:59 +0000, Cor Bosman wrote:

    > Hi all, I recently posted in a.v.u.m and someone suggested to try here too,
    >
    > Im a dutch citizen, about to be married to an american. We've been together
    > for 10+ years. We live in The Netherlands where we own a house, have pets,
    > and I own a company. Im financially independant.
    >
    > In the winter we like to escape the cold. We usually go to the US Virgin
    > Islands where my gf's mother lives and we can enjoy our hobby, underwater
    > photography. So far we've been able to keep our yearly trip under 90
    > days, although barely. We have plans though to stay longer than the
    > waiver program allows. Maybe upto 5 months a year. For us this would still
    > be a holiday, I dont need to work, dont want a greencard, dont want to
    > become an american. I just want to chill out with my gf/wife in the
    > tropics.
    >
    > I thought this wouldn't be a problem. What country doesn't want a tourist
    > to spend their money there But im fearing it might actually be a problem.
    > I could probably get a multiple-re-entry visa from the consulate, but
    > Im not confident that the US immigration will be so forthcoming. They
    > might think i plan to stay, and deny entry, which would probably mess
    > things up forgood.

This is a possibility. Generally, your concern is valid. But you have a
couple things going for you:

- you are married to a US citizen. So if you wanted to immigrate, you
could. The only reason for seeking a tourist visa in your situation is
that you are a bona fide tourist.

- you are financially independent and therefore won't have to work.

    > What should I do? Is there even anything I can do? I believe I can convince
    > the consulate here of my honorable intentions, but I wouldnt bet money that
    > I can convince US immigrations.

You won't have to. Once the visa is approved, BCBP (the new name for what
used to be border patrol and INS rolled into one) will almost always defer
to the consulate on this question.

    > Maybe I should become a US (VI) resident, but that would probably open
    > up a whole other can of tax worms for me.

Being a tourist can potentially also open the same can of worms. The rules
for tax residency are considerably different from the rules for
immigration residency. You said that you were going to spend up to five
months per year in the VI. That should still be OK. The limit is 180 days
per calendar year.

Also, since US taxes are generally lower than taxes in most European
countries, you probably won't have a big problem. European taxes are
credited towards your US taxes, so you would only have to pay the
difference if the US taxes turn out to be higher.

A Green Card would probably open a can of worms for you, though.

    > And that probably doesnt really work either. And no, I dont want to go to
    > any of the dutch islands instead (again..my gf's mom lives there..)

    :-( I was going to suggest exactly that, actually. But there may be yet
another possibility: the US VI are right next to the British VI. As a
European citizen, it should be easy for you to get into the British VI,
and then travel from there to the US VI regularly, say, spend two months
in the US VI and another three months in the British VI. If you were a
British citizen, you could even do that without any formalities.

Cor Bosman

"Ingo Pakleppa" writes:

    >> I thought this wouldn't be a problem. What country doesn't want a tourist
    >> to spend their money there But im fearing it might actually be a problem.
    >> I could probably get a multiple-re-entry visa from the consulate, but
    >> Im not confident that the US immigration will be so forthcoming. They
    >> might think i plan to stay, and deny entry, which would probably mess
    >> things up forgood.

    >This is a possibility. Generally, your concern is valid. But you have a
    >couple things going for you:

    >- you are married to a US citizen. So if you wanted to immigrate, you
    >could. The only reason for seeking a tourist visa in your situation is
    >that you are a bona fide tourist.

    >- you are financially independent and therefore won't have to work.

What would be a good way to show this to the BCBP? Do I take bank
statements?

    >> What should I do? Is there even anything I can do? I believe I can convince
    >> the consulate here of my honorable intentions, but I wouldnt bet money that
    >> I can convince US immigrations.

    >You won't have to. Once the visa is approved, BCBP (the new name for what
    >used to be border patrol and INS rolled into one) will almost always defer
    >to the consulate on this question.

I dont really understand this. If I ask for a B2 visa at the consulate
and they approve (Say I ask for a 4 months visa), and then I travel to
the US, you're saying the BCBP will then look at the visa and most likely
wont second guess it? If this is the case then things are a bit brighter.
Im fairly sure I can make my case with the American consulate in Amsterdam.
What im most afraid of is that the consulate issues the visa without any
problems (ive gotten one before 10+ years ago), but that the BCBP denies
me entry anyways. (which could end up to be a costly affair since I often
rent a vacation house

    >> Maybe I should become a US (VI) resident, but that would probably open
    >> up a whole other can of tax worms for me.

    >Being a tourist can potentially also open the same can of worms. The rules
    >for tax residency are considerably different from the rules for
    >immigration residency. You said that you were going to spend up to five
    >months per year in the VI. That should still be OK. The limit is 180 days
    >per calendar year.

Hmm, good to know.

    >Also, since US taxes are generally lower than taxes in most European
    >countries, you probably won't have a big problem. European taxes are
    >credited towards your US taxes, so you would only have to pay the
    >difference if the US taxes turn out to be higher.

It's not really the paying im afraid of, it's the hassle. I kind of
dont want to become a lifetime american taxpayer of 0 dollars
(that ofcourse besides paying an accountant to actually file for me)

    >A Green Card would probably open a can of worms for you, though.

In what way?

Thanks a lot for your response,

Cor

S B

Cor Bosman wrote:
    >
    > "Ingo Pakleppa" writes:
    >
    > >> I thought this wouldn't be a problem. What country doesn't want a tourist
    > >> to spend their money there But im fearing it might actually be a problem.
    > >> I could probably get a multiple-re-entry visa from the consulate, but
    > >> Im not confident that the US immigration will be so forthcoming. They
    > >> might think i plan to stay, and deny entry, which would probably mess
    > >> things up forgood.
    >
    > >This is a possibility. Generally, your concern is valid. But you have a
    > >couple things going for you:
    >
    > >- you are married to a US citizen. So if you wanted to immigrate, you
    > >could. The only reason for seeking a tourist visa in your situation is
    > >that you are a bona fide tourist.
    >
    > >- you are financially independent and therefore won't have to work.
    >
    > What would be a good way to show this to the BCBP? Do I take bank
    > statements?

These are both positive and negative for getting a visa. It's the old
problem of dual intent. You still are stuck with proving that you don't
intend to become a US resident - especially to want 5 months per year -
and therefore not on the VWP.

You still need to prove ties to your home country and that you can
support yourself during your stay in the US. Banks staements work.

    > >> What should I do? Is there even anything I can do? I believe I can convince
    > >> the consulate here of my honorable intentions, but I wouldnt bet money that
    > >> I can convince US immigrations.
    >
    > >You won't have to. Once the visa is approved, BCBP (the new name for what
    > >used to be border patrol and INS rolled into one) will almost always defer
    > >to the consulate on this question.
    >
    > I dont really understand this. If I ask for a B2 visa at the consulate
    > and they approve (Say I ask for a 4 months visa), and then I travel to
    > the US, you're saying the BCBP will then look at the visa and most likely
    > wont second guess it? If this is the case then things are a bit brighter.
    > Im fairly sure I can make my case with the American consulate in Amsterdam.
    > What im most afraid of is that the consulate issues the visa without any
    > problems (ive gotten one before 10+ years ago), but that the BCBP denies
    > me entry anyways. (which could end up to be a costly affair since I often
    > rent a vacation house

Your concern is valid, but in general, if you are issued a visa, the
checks by CBP are normally normally a formality to show that your intent
hasn't changed. Not that people haven't been snagged at the port by a
bad answer to a question though! Just be careful that you do NOT say
that you are going to be living in the US ... you're just visiting.

    > >> Maybe I should become a US (VI) resident, but that would probably open
    > >> up a whole other can of tax worms for me.
    >
    > >Being a tourist can potentially also open the same can of worms. The rules
    > >for tax residency are considerably different from the rules for
    > >immigration residency. You said that you were going to spend up to five
    > >months per year in the VI. That should still be OK. The limit is 180 days
    > >per calendar year.
    >
    > Hmm, good to know.

Actually it's all the days in year X (providing it's more than 31) + 1/3
of the days in year X-1 + 1/6 of the days in year X-2 IIRC must be less
than 183, therefore you can't spend more than about 121 days per year,
UNLESS you can prove closer ties to a foreign country.

    >
    > >Also, since US taxes are generally lower than taxes in most European
    > >countries, you probably won't have a big problem. European taxes are
    > >credited towards your US taxes, so you would only have to pay the
    > >difference if the US taxes turn out to be higher.
    >
    > It's not really the paying im afraid of, it's the hassle. I kind of
    > dont want to become a lifetime american taxpayer of 0 dollars
    > (that ofcourse besides paying an accountant to actually file for me)

It can be a huge hassle.

Mayo

I believe all you have to do is go to the BVI for a day or two and
come back to USVI.

Before 9/11 tourist were admitted for up to 180 days, and I remember
reading that one of the ways to get an extension on the lower current
limit is if you own a vacation property. I am not saying you have to
buy a house there, but this might work assuming buying a house there
is something that makes sense to you

I also believe that because u are married to a US citizen you can
apply for a green card any time, and so I believe you can't be accused
of wanting to stay - your wife has a right to request that you stay
anytime

Finally, if you own a hosue in Netherlands and a business it should be
easy to prove you have intent to return there. Also you have a pattern
of visiting in winter and going back which also helps

Do stay less than 180 days per year as otherwise you become a tax
resident - you will need to file taxes, but you will be unlikely to
owe anything - you have no US source income (wages earned for services
provided in US or other income connected to that) - this is per year,
so be careful - if you come to states at other times you could
accumulate 180+ days (I belive exact figure is 182 days or less to be
a non tax resident)

Enjoy sun

S B wrote in message news:...
    > Cor Bosman wrote:
    > >
    > > "Ingo Pakleppa" writes:
    > >
    > > >> I thought this wouldn't be a problem. What country doesn't want a tourist
    > > >> to spend their money there But im fearing it might actually be a problem.
    > > >> I could probably get a multiple-re-entry visa from the consulate, but
    > > >> Im not confident that the US immigration will be so forthcoming. They
    > > >> might think i plan to stay, and deny entry, which would probably mess
    > > >> things up forgood.
    >
    > > >This is a possibility. Generally, your concern is valid. But you have a
    > > >couple things going for you:
    >
    > > >- you are married to a US citizen. So if you wanted to immigrate, you
    > > >could. The only reason for seeking a tourist visa in your situation is
    > > >that you are a bona fide tourist.
    >
    > > >- you are financially independent and therefore won't have to work.
    > >
    > > What would be a good way to show this to the BCBP? Do I take bank
    > > statements?
    >
    > These are both positive and negative for getting a visa. It's the old
    > problem of dual intent. You still are stuck with proving that you don't
    > intend to become a US resident - especially to want 5 months per year -
    > and therefore not on the VWP.
    >
    > You still need to prove ties to your home country and that you can
    > support yourself during your stay in the US. Banks staements work.
    >
    > > >> What should I do? Is there even anything I can do? I believe I can convince
    > > >> the consulate here of my honorable intentions, but I wouldnt bet money that
    > > >> I can convince US immigrations.
    >
    > > >You won't have to. Once the visa is approved, BCBP (the new name for what
    > > >used to be border patrol and INS rolled into one) will almost always defer
    > > >to the consulate on this question.
    > >
    > > I dont really understand this. If I ask for a B2 visa at the consulate
    > > and they approve (Say I ask for a 4 months visa), and then I travel to
    > > the US, you're saying the BCBP will then look at the visa and most likely
    > > wont second guess it? If this is the case then things are a bit brighter.
    > > Im fairly sure I can make my case with the American consulate in Amsterdam.
    > > What im most afraid of is that the consulate issues the visa without any
    > > problems (ive gotten one before 10+ years ago), but that the BCBP denies
    > > me entry anyways. (which could end up to be a costly affair since I often
    > > rent a vacation house
    >
    > Your concern is valid, but in general, if you are issued a visa, the
    > checks by CBP are normally normally a formality to show that your intent
    > hasn't changed. Not that people haven't been snagged at the port by a
    > bad answer to a question though! Just be careful that you do NOT say
    > that you are going to be living in the US ... you're just visiting.
    >
    > > >> Maybe I should become a US (VI) resident, but that would probably open
    > > >> up a whole other can of tax worms for me.
    >
    > > >Being a tourist can potentially also open the same can of worms. The rules
    > > >for tax residency are considerably different from the rules for
    > > >immigration residency. You said that you were going to spend up to five
    > > >months per year in the VI. That should still be OK. The limit is 180 days
    > > >per calendar year.
    > >
    > > Hmm, good to know.
    >
    > Actually it's all the days in year X (providing it's more than 31) + 1/3
    > of the days in year X-1 + 1/6 of the days in year X-2 IIRC must be less
    > than 183, therefore you can't spend more than about 121 days per year,
    > UNLESS you can prove closer ties to a foreign country.
    >
    > >
    > > >Also, since US taxes are generally lower than taxes in most European
    > > >countries, you probably won't have a big problem. European taxes are
    > > >credited towards your US taxes, so you would only have to pay the
    > > >difference if the US taxes turn out to be higher.
    > >
    > > It's not really the paying im afraid of, it's the hassle. I kind of
    > > dont want to become a lifetime american taxpayer of 0 dollars
    > > (that ofcourse besides paying an accountant to actually file for me)
    >
    > It can be a huge hassle.

Ingo Pakleppa

On Mon, 31 Mar 2003 18:09:59 +0000, Cor Bosman wrote:

    > "Ingo Pakleppa" writes:
    >
    >>> I thought this wouldn't be a problem. What country doesn't want a tourist
    >>> to spend their money there But im fearing it might actually be a problem.
    >>> I could probably get a multiple-re-entry visa from the consulate, but
    >>> Im not confident that the US immigration will be so forthcoming. They
    >>> might think i plan to stay, and deny entry, which would probably mess
    >>> things up forgood.
    >
    >>This is a possibility. Generally, your concern is valid. But you have a
    >>couple things going for you:
    >
    >>- you are married to a US citizen. So if you wanted to immigrate, you
    >>could. The only reason for seeking a tourist visa in your situation is
    >>that you are a bona fide tourist.
    >
    >>- you are financially independent and therefore won't have to work.
    >
    > What would be a good way to show this to the BCBP? Do I take bank
    > statements?

They won't even ask; you have to prove it to the consulate. And, yes, bank
statements are good evidence. Since you said that you owned a business,
evidence of that ownership may also be a good idea.

    >>> What should I do? Is there even anything I can do? I believe I can convince
    >>> the consulate here of my honorable intentions, but I wouldnt bet money that
    >>> I can convince US immigrations.
    >
    >>You won't have to. Once the visa is approved, BCBP (the new name for what
    >>used to be border patrol and INS rolled into one) will almost always defer
    >>to the consulate on this question.
    >
    > I dont really understand this. If I ask for a B2 visa at the consulate
    > and they approve (Say I ask for a 4 months visa), and then I travel to
    > the US, you're saying the BCBP will then look at the visa and most likely
    > wont second guess it?

Exactly. That's the very reason visas were invented in the first place.
Until the early 20th century, the predecessor to INS did all the work
(Ellis Island is famous) and had to deal with long lines, as well as with
the aggravation of people travelling to the US at huge expense, only to be
turned around. A visa allows this kind of evaluation to take place before
the traveller ever leaves the country.

That's not to say that BCBP will never evaluate eligibility. It is just
unusual and requires some special evidence.

    > If this is the case then things are a bit brighter.
    > Im fairly sure I can make my case with the American consulate in Amsterdam.
    > What im most afraid of is that the consulate issues the visa without any
    > problems (ive gotten one before 10+ years ago), but that the BCBP denies
    > me entry anyways. (which could end up to be a costly affair since I often
    > rent a vacation house
    >
    >>> Maybe I should become a US (VI) resident, but that would probably open
    >>> up a whole other can of tax worms for me.
    >
    >>Being a tourist can potentially also open the same can of worms. The rules
    >>for tax residency are considerably different from the rules for
    >>immigration residency. You said that you were going to spend up to five
    >>months per year in the VI. That should still be OK. The limit is 180 days
    >>per calendar year.
    >
    > Hmm, good to know.
    >
    >>Also, since US taxes are generally lower than taxes in most European
    >>countries, you probably won't have a big problem. European taxes are
    >>credited towards your US taxes, so you would only have to pay the
    >>difference if the US taxes turn out to be higher.
    >
    > It's not really the paying im afraid of, it's the hassle. I kind of
    > dont want to become a lifetime american taxpayer of 0 dollars
    > (that ofcourse besides paying an accountant to actually file for me)
    >
    >>A Green Card would probably open a can of worms for you, though.
    >
    > In what way?

You would HAVE to reside in the USA. Just travelling to the VI for a
couple of months per year won't do the trick. Of course, many people would
envy you for the problem of having to spend too much time in paradise ;-)

Ingo Pakleppa

On Mon, 31 Mar 2003 16:02:35 -0800, Mayo wrote:

    > I believe all you have to do is go to the BVI for a day or two and
    > come back to USVI.

People do it and sometimes get away with it. This is generally not a good
idea, though.

    > Before 9/11 tourist were admitted for up to 180 days, and I remember
    > reading that one of the ways to get an extension on the lower current
    > limit is if you own a vacation property. I am not saying you have to
    > buy a house there, but this might work assuming buying a house there
    > is something that makes sense to you

The tourist admission hasn't changed much since 9/11. People with visa
waivers were always limited to 90 days, and with a visa, they are still
usually allowed to stay up to 180 days.

    > I also believe that because u are married to a US citizen you can
    > apply for a green card any time, and so I believe you can't be accused
    > of wanting to stay - your wife has a right to request that you stay
    > anytime
    >
    > Finally, if you own a hosue in Netherlands and a business it should be
    > easy to prove you have intent to return there. Also you have a pattern
    > of visiting in winter and going back which also helps
    >
    > Do stay less than 180 days per year as otherwise you become a tax
    > resident - you will need to file taxes, but you will be unlikely to
    > owe anything - you have no US source income (wages earned for services
    > provided in US or other income connected to that) - this is per year,
    > so be careful - if you come to states at other times you could
    > accumulate 180+ days (I belive exact figure is 182 days or less to be
    > a non tax resident)
    >
    > Enjoy sun
    >
    > S B wrote in message news:...
    >> Cor Bosman wrote:
    >> >
    >> > "Ingo Pakleppa" writes:
    >> >
    >> > >> I thought this wouldn't be a problem. What country doesn't want a tourist
    >> > >> to spend their money there But im fearing it might actually be a problem.
    >> > >> I could probably get a multiple-re-entry visa from the consulate, but
    >> > >> Im not confident that the US immigration will be so forthcoming. They
    >> > >> might think i plan to stay, and deny entry, which would probably mess
    >> > >> things up forgood.
    >>
    >> > >This is a possibility. Generally, your concern is valid. But you have a
    >> > >couple things going for you:
    >>
    >> > >- you are married to a US citizen. So if you wanted to immigrate, you
    >> > >could. The only reason for seeking a tourist visa in your situation is
    >> > >that you are a bona fide tourist.
    >>
    >> > >- you are financially independent and therefore won't have to work.
    >> >
    >> > What would be a good way to show this to the BCBP? Do I take bank
    >> > statements?
    >>
    >> These are both positive and negative for getting a visa. It's the old
    >> problem of dual intent. You still are stuck with proving that you don't
    >> intend to become a US resident - especially to want 5 months per year -
    >> and therefore not on the VWP.
    >>
    >> You still need to prove ties to your home country and that you can
    >> support yourself during your stay in the US. Banks staements work.
    >>
    >> > >> What should I do? Is there even anything I can do? I believe I can convince
    >> > >> the consulate here of my honorable intentions, but I wouldnt bet money that
    >> > >> I can convince US immigrations.
    >>
    >> > >You won't have to. Once the visa is approved, BCBP (the new name for what
    >> > >used to be border patrol and INS rolled into one) will almost always defer
    >> > >to the consulate on this question.
    >> >
    >> > I dont really understand this. If I ask for a B2 visa at the consulate
    >> > and they approve (Say I ask for a 4 months visa), and then I travel to
    >> > the US, you're saying the BCBP will then look at the visa and most likely
    >> > wont second guess it? If this is the case then things are a bit brighter.
    >> > Im fairly sure I can make my case with the American consulate in Amsterdam.
    >> > What im most afraid of is that the consulate issues the visa without any
    >> > problems (ive gotten one before 10+ years ago), but that the BCBP denies
    >> > me entry anyways. (which could end up to be a costly affair since I often
    >> > rent a vacation house
    >>
    >> Your concern is valid, but in general, if you are issued a visa, the
    >> checks by CBP are normally normally a formality to show that your intent
    >> hasn't changed. Not that people haven't been snagged at the port by a
    >> bad answer to a question though! Just be careful that you do NOT say
    >> that you are going to be living in the US ... you're just visiting.
    >>
    >> > >> Maybe I should become a US (VI) resident, but that would probably open
    >> > >> up a whole other can of tax worms for me.
    >>
    >> > >Being a tourist can potentially also open the same can of worms. The rules
    >> > >for tax residency are considerably different from the rules for
    >> > >immigration residency. You said that you were going to spend up to five
    >> > >months per year in the VI. That should still be OK. The limit is 180 days
    >> > >per calendar year.
    >> >
    >> > Hmm, good to know.
    >>
    >> Actually it's all the days in year X (providing it's more than 31) + 1/3
    >> of the days in year X-1 + 1/6 of the days in year X-2 IIRC must be less
    >> than 183, therefore you can't spend more than about 121 days per year,
    >> UNLESS you can prove closer ties to a foreign country.
    >>
    >> >
    >> > >Also, since US taxes are generally lower than taxes in most European
    >> > >countries, you probably won't have a big problem. European taxes are
    >> > >credited towards your US taxes, so you would only have to pay the
    >> > >difference if the US taxes turn out to be higher.
    >> >
    >> > It's not really the paying im afraid of, it's the hassle. I kind of
    >> > dont want to become a lifetime american taxpayer of 0 dollars
    >> > (that ofcourse besides paying an accountant to actually file for me)
    >>
    >> It can be a huge hassle.

Stephen Gallagher

    > :-( I was going to suggest exactly that, actually. But there may be yet
    > another possibility: the US VI are right next to the British VI. As a
    > European citizen, it should be easy for you to get into the British VI,
    > and then travel from there to the US VI regularly, say, spend two months
    > in the US VI and another three months in the British VI. If you were a
    > British citizen, you could even do that without any formalities.

This is somewhat off topic, but worth noting:

As a side note, the above paragraph is not necessarily true.
Unlike the USVI, which allows any US citizen to live and
work there, most, if not all, of Britain's territories around
the world, do have immigration restrictions which apply even to
most British citizens (ie. those from the mother country).

Generally in order to freely live and work in a British territory,
a person must have, "belonger status" from that territory, and
that is normally granted by having some close relationship with
that territory through parentage and/or birth. So, a person who
wants to live freely in the BVI has to have British Virgin Islander
status. To freely live in Bermuda, you must have Bermudian status,
etc. Just being a British citizen from the UK (and I suppose an EEA
country citizen) would confer no right to live in a British Territory,
other than in the UK itself.

It should be noted that, until last year, people from the
British territories did not have any automatic right to go live in
Britain, either. Last year, Britain did grant the people from
the territories full British citizenship, along with right of
abode in the UK, and full access to the EEA. This was not
reciprocal in nature. To live in the territories, you still
must have belonger status.

Stephen Gallagher

Stephen Gallagher

S B wrote in message news:...
    > Cor Bosman wrote:
    > >
    > > "Ingo Pakleppa" writes:
    > >
    > > >> I thought this wouldn't be a problem. What country doesn't want a tourist
    > > >> to spend their money there But im fearing it might actually be a problem.
    > > >> I could probably get a multiple-re-entry visa from the consulate, but
    > > >> Im not confident that the US immigration will be so forthcoming. They
    > > >> might think i plan to stay, and deny entry, which would probably mess
    > > >> things up forgood.
    >
    > > >This is a possibility. Generally, your concern is valid. But you have a
    > > >couple things going for you:
    >
    > > >- you are married to a US citizen. So if you wanted to immigrate, you
    > > >could. The only reason for seeking a tourist visa in your situation is
    > > >that you are a bona fide tourist.
    >
    > > >- you are financially independent and therefore won't have to work.
    > >
    > > What would be a good way to show this to the BCBP? Do I take bank
    > > statements?
    >
    > These are both positive and negative for getting a visa. It's the old
    > problem of dual intent. You still are stuck with proving that you don't
    > intend to become a US resident - especially to want 5 months per year -
    > and therefore not on the VWP.
    >
    > You still need to prove ties to your home country and that you can
    > support yourself during your stay in the US. Banks staements work.
    >
    > > >> What should I do? Is there even anything I can do? I believe I can convince
    > > >> the consulate here of my honorable intentions, but I wouldnt bet money that
    > > >> I can convince US immigrations.
    >
    > > >You won't have to. Once the visa is approved, BCBP (the new name for what
    > > >used to be border patrol and INS rolled into one) will almost always defer
    > > >to the consulate on this question.
    > >
    > > I dont really understand this. If I ask for a B2 visa at the consulate
    > > and they approve (Say I ask for a 4 months visa), and then I travel to
    > > the US, you're saying the BCBP will then look at the visa and most likely
    > > wont second guess it? If this is the case then things are a bit brighter.
    > > Im fairly sure I can make my case with the American consulate in Amsterdam.
    > > What im most afraid of is that the consulate issues the visa without any
    > > problems (ive gotten one before 10+ years ago), but that the BCBP denies
    > > me entry anyways. (which could end up to be a costly affair since I often
    > > rent a vacation house
    >
    > Your concern is valid, but in general, if you are issued a visa, the
    > checks by CBP are normally normally a formality to show that your intent
    > hasn't changed. Not that people haven't been snagged at the port by a
    > bad answer to a question though! Just be careful that you do NOT say
    > that you are going to be living in the US ... you're just visiting.
    >
    > > >> Maybe I should become a US (VI) resident, but that would probably open
    > > >> up a whole other can of tax worms for me.
    >
    > > >Being a tourist can potentially also open the same can of worms. The rules
    > > >for tax residency are considerably different from the rules for
    > > >immigration residency. You said that you were going to spend up to five
    > > >months per year in the VI. That should still be OK. The limit is 180 days
    > > >per calendar year.
    > >
    > > Hmm, good to know.
    >
    > Actually it's all the days in year X (providing it's more than 31) + 1/3
    > of the days in year X-1 + 1/6 of the days in year X-2 IIRC must be less
    > than 183, therefore you can't spend more than about 121 days per year,
    > UNLESS you can prove closer ties to a foreign country.
    >
    > >
    > > >Also, since US taxes are generally lower than taxes in most European
    > > >countries, you probably won't have a big problem. European taxes are
    > > >credited towards your US taxes, so you would only have to pay the
    > > >difference if the US taxes turn out to be higher.
    > >
    > > It's not really the paying im afraid of, it's the hassle. I kind of
    > > dont want to become a lifetime american taxpayer of 0 dollars
    > > (that ofcourse besides paying an accountant to actually file for me)
    >
Been there, done that. (I'm a US citizen in Canada,
and I actually have my annual US tax return of $0
in front of me, ready to mail to the IRS, along with
my Canadian tax return.)

Plus, wouldn't a permanent resident also be subject to US
estate taxes, even on his foreign holdings?

Stephen Gallagher