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GuestPoster07840

Hi all

I am new to this so please excuse my niavity but can anyone let me know,if i were to purchase a holiday   home in Florida is there anyway to extend the 90 day rule to 180 days on a regular yearly basis,obviously i would like to stay during the UK winter months,have read info on B2 visa but it appears that it literally depends on who you get at immigration as to whether or not he/she will allow you in the USA??

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Obtaining Permanent Residency in the U.S.Types of visas offered by the USWork visas in the USAEntrepreneur visa in the USGetting a Green Card through a Green Card holder
TominStuttgart

It is always a matter of who decides your case but one needs to understand the criteria. Theoretically, one can get up to 180 days but keep in mind that Americans mostly get a couple of weeks’ vacation a year. So anyone taking a long trip they have to wonder why - and how do they finance it? If one has no job then they will suspect one might be looking to illegally work or wonder how one can pay for so much time off.  If one does have a job, then again, how do they get so much time off… Thus one would have to have a situation like being retired or independently wealthy that they can afford not to work, especially if it is not a one time occurrence.  And being successful the first time might not mean it will happen again. Rather than set a precedent that you get further visas for such a time period, it will make the officials more suspicious that one once again wants a long time.

Having property in the States will show that you have a place to stay but also raise suspicion that you are basically trying to live in the States. And the excuse that one wants to avoid the English winters doesn’t mean that one needs 180 days. From your post it sounds like you want to live in the States for half of the year which is not the intention of the B2 visa; it’s exclusively for tourism. One sees a lot of nonsense on the web about being a digital nomad but it’s still working even if one’s clients are elsewhere. Such a strategy will not get one around the need for a work visa in the States or in most countries. 

And here is the other problem. Even if you are given a visa, the immigration officials upon arrival in the States can still deny entry; say if they think you plan to work without having a work visa. I would serious question the whole concept of getting tied up in property with this intention unless it is something you would otherwise be able to have managed and rented out.

twostep

Plenty of snowbirds spend Canadian and European winters in FL.

What you should consider before buying are all the costs associated with purchase and upkeep. A lot of things you may not expect.

TominStuttgart

twostep wrote:

Plenty of snowbirds spend Canadian and European winters in FL.


Sure, its warm and that's why it is a tourist destination. And such places want tourists. But the winter is not 6 months long and expecting to spend this much time each year in the States is going to raise suspicions like I already detailed. I just tried to raise the possibility of it being an issue for someone making a long term decision and investment. Always best to be forwarned rather than rely on wishful thinking.

twostep

And all the other old folks who winter in Florida get in:)
How many actual cases of well off retirees being refused entry on B2 do you know of? Know of not heard about somewhere by someone. I have one and that couple wanted to rebuild their trailer after weather damage to use it as rental. Work!

TominStuttgart

twostep wrote:

And all the other old folks who winter in Florida get in:)
How many actual cases of well off retirees being refused entry on B2 do you know of? Know of not heard about somewhere by someone. I have one and that couple wanted to rebuild their trailer after weather damage to use it as rental. Work!


You are taking my words not only out of context but in a nonsensical way. I admitted that retirees will likely not have the scrutiny of working age people. But the OP says nothing about being a retiree! And again, winter (in most places) doesn't last 6 months. 

And this is the thing; one has to think it terms of how immigration officials think and not one’s own rationalization if something looks acceptable. A Canadian retiree going to Florida for a couple of months in winter is a common situation. A non-retired person from the UK going for 6 months a year is not. And owning a property there in this situation is going to lead to the obvious conclusion that they are trying to live part time in the States. The limits of where and how this is allowed can come into question and one is at risk of not regularly getting this allowed on a tourist visa. Why try to rationalize it differently? And one can also consider that 6 months for tourism is pretty generous. How many other countries do this? From my research, less than 10 in the whole world and even some of these have additional restrictions.

And I can’t tell the OP that his plan can’t work, partially because he gives too little details like his work situation. But I think he is looking for some security. I myself would not buy property in a place where I was hoping to spend so much time without knowing I could have the permission to actually go there – and not have to constantly apply for a visa that I’m unsure I will get. Better safe than sorry.

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