armadillo

Hi all -

So now we are both retired at 46 - with self funding from investments until private pensions kicks in at 55.

Have house in England - living in now. Two houses in US with long term tenancy agreements.No debt.

Many vacations in USA for past 20 years, no immigration problems ever.

Thinking to buy additional place in florida to spend the winter months around 5 months and then back to England.

I know B2 visas are for retirees, so that is the correct visa - but will our age count against us ?

Noorah101

The only person to know that answer is the ConOff.

Rene

sir_eccles

There is also the tax issues but one assumes you are aware of that already.

Chaufeurse

Hubby and I have B2 visa's as we spend 6 month in the UK, 6 month in SW Fla, he's of retirement age. My sister was denied B2 visa in 2010, she was an early retiree at 57 years old and whilst she has copious UK ties she was denied under 214(b) Immigrant Intent, as I thought she would be... she was viewed as a single, workable age female.

Drop me an email if you want further info.

armadillo

Thanks all. Didn't think that there would be a straight yes or no.

Its a difficult one. Just use visa waiver twice a year or go for B2 and risk being denied. Even though I have no intention of working and easily prove self funding and still with ties in the UK - paid house and pension.

With the dog, just didn't want to fly him on two round trips per year.

sir_eccles

Just in case anyone was wondering, those are not always seen as strong ties. Houses are often sold after people emigrate, many people here have their pensions paid directly to their US banks.

Traveling with a dog on your vacation may be troublesome in terms of demonstrating intent.

Owen778

It's something to be aware of, but from the first post it sounds like they'd be spending more time each year in the UK, so still count as non-residents in the US. They would meet the substantial presence test but then also pass the closer connection exception.

Chaufeurse

It has to be a personal decision armadillo - one thing that may be against you, others may not agree, is your age... you may be viewed as workable age and therefore an immigrant risk. It's not personal to those of us applying for visa, but generally I believe the majority are viewed as possible immigrant intent, it's their job to weed out who they deem acceptable for visa approval - it does seem to help if one is retired with 'snowbird' intentions, as per our 6 monthly visits.

As mentioned earlier by sir_eccles, there are tax implications if one remains in the US over a set period but they are easily dealt with by completing, as we do on a yearly basis, 8840 Closer Connection paperwork proving your ties and subsequent tax liability/payment to the UK.

sir_eccles

I'm not a tax expert but I said that I assumed they already knew about the tax issues based on them having income from their rental properties which I presumed they were already declaring correctly.

Chaufeurse

Hi Owen... yes, I agree armadillo would likely pass both the substantial presence test and closer connection exception. We spend circa 180 days each year in SW Fla (November to May) and file a 8840 each year before 15th June. We don't own property/have US investments which may be significant as we are not required to file a tax return to the US IRS.

Owen778

Ah, OK. You might not be an expert, but I'm sure that is something you know more about than I do.

Chaufeurse

Me either sir_eccles, only speaking from personal 8840 filing. We have friends who own STR properties in Orlando, they file 8840, via their accountant, along with their tax return. I'm guessing, in their instance, this segregates US vs UK income for tax implication liabilities.

Jerseygirl

You obviously haven't read the stickied threads. We ask that members do not contact each other off the forum on immigration matters.

http://britishexpats.com/forum/us-im...stions-830699/

MarylandNed

Just out of curiosity, why is that? What are PM's on an immigration forum actually for? To swap stories about your cats?

Noorah101

Because if someone gives you incorrect information via PM, no one can come along to correct it.

PMs are for sharing stories, but not giving advice.

Rene