# Uncommon question maybe?



## TPGCPA (Mar 12, 2011)

Hi all…
Had a quick browse and search but couldn’t come up with any information to my questions so thought I would ask on here…
We currently live in the UK and are looking to relocate to the USA (California) Myself, my partner (we’re not married) and our 2 boys 6yrs & 9yrs.
I do quite well as a writer so money isn’t really a problem… we would buy a house outright so there is no need for a mortgage, so my concern is this…
How long could we stay for and what about Schooling for my children, drivers licences, health care and whatever else you guys could think of? that could be a problem.

Thanks for any help you can give.
Col


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## Bevdeforges (Nov 16, 2007)

Take a look at the stickies for this forum to see if you have any of the requirements to apply for visas. Normally, you're limited to either family sponsorship (i.e. a direct relative already resident in the US) or employment sponsorship linked to a specific job and employer. There's also an investment option, but there are considerable caveats.

In any event, your partner will not be able to qualify for a dependent visa if you're not married. Owning property gives you no "in" for obtaining a visa.

It's looking like a long shot - but perhaps twostep or fatbrit will have some ideas for you.
Cheers,
Bev


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## TPGCPA (Mar 12, 2011)

Many thanks for your kind reply..

No Relatives in the States at all I'm afraid...
Were not looking for work as my writing supports us.
More than happy to pay for my childeren to go to school and any heath insurances...
Can get married before we go...not for her want of trying...lol

Damn... got more than enough cash to pay our way and it's still so difficult...

So anyone know how long can you 'Stay' in the States on 'holiday' if you own a home there?

Thanks for quick reply though.


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## xabiaxica (Jun 23, 2009)

TPGCPA said:


> Many thanks for your kind reply..
> 
> No Relatives in the States at all I'm afraid...
> Were not looking for work as my writing supports us.
> ...


90 days in a calendar year.............


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## Bevdeforges (Nov 16, 2007)

xabiachica said:


> 90 days in a calendar year.............


Isn't it 90 days out of 180 days on a visa waiver? (Basically, you have to spend as much time outside the US as inside.) Though even that is a rule of thumb and not "official."
Cheers,
Bev


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## xabiaxica (Jun 23, 2009)

Bevdeforges said:


> Isn't it 90 days out of 180 days on a visa waiver? (Basically, you have to spend as much time outside the US as inside.) Though even that is a rule of thumb and not "official."
> Cheers,
> Bev


I'm not absolutely certain now that you've said that........

but either way -I don't think that would be long enough per year for the kids to be stable in school, IMO

you're right about the rule of thumb though

my OH spends a lot more than 90 days a year in the US - but more time here than there though, for sure

he occasionally gets questioned - not big time - it more amuses the immigration guys that he is British, lives in Spain & runs his business out of Florida!!

for sure if we were all going every time - me, the two kids & him - a lot more questions would be asked & I'm pretty sure they wouldn't be so happy for us all to be popping in & out so much & I dare say that at some point we would be refused entry


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## kimo (Feb 12, 2011)

xabiachica said:


> 90 days in a calendar year.............


Is it 90 days because they are from the U.K? because for Canadians its 6 months out of 12:confused2:


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## xabiaxica (Jun 23, 2009)

kimo said:


> Is it 90 days because they are from the U.K? because for Canadians its 6 months out of 12:confused2:


I don't know all the ins & outs - but restrictions are very different for different countries

eta.....I've just checked the US visa waiver program http://london.usembassy.gov/vwp3.html and it actually jsut says 90 days - it doesn't say if that's 90 in a year, 90 in 180, 90 in a single trip, or anything specific............

my OH has just pointed me to this ESTA which again says a max of 90 days


he has just told me that on one trip the immigration guy did notice & mention that he had spent more than 90 days IN THE YEAR in the US, but allowed him in cos he always leaves within about 3 weeks


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## twostep (Apr 3, 2008)

TPGCPA said:


> Many thanks for your kind reply..
> 
> No Relatives in the States at all I'm afraid...
> Were not looking for work as my writing supports us.
> ...


a) Cussing has no impact on US immigration:>)
b) You draw income from your writing - you provide services for compensation which equals work per IRS.
c) Your children will not be able to use the public school system unless you provide proof of legal status in the respective school district. On a personal note - as a considerable amount of particullarly real estate taxes (we pay about 20k annually for 3k sqf house in TX) goes to education, why should tourist use the system.
d) Real estate has no bearing whatsoever on immigration. May actually turn into a ball and chain.
e) You can use VWP (if you and yours qualify) for up to 90 days and apply for B1/B2 up to 180 days with a potential option to extend while in country.
e) You can always invest between 500-1000k at risk which potentially brings a Green Card for you, your spouse and minor offspring.


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## TPGCPA (Mar 12, 2011)

twostep said:


> a) Cussing has no impact on US immigration:>)
> b) You draw income from your writing - you provide services for compensation which equals work per IRS.
> c) Your children will not be able to use the public school system unless you provide proof of legal status in the respective school district. On a personal note - as a considerable amount of particullarly real estate taxes (we pay about 20k annually for 3k sqf house in TX) goes to education, why should tourist use the system.
> d) Real estate has no bearing whatsoever on immigration. May actually turn into a ball and chain.
> ...


Thanks to everyone who has posted...

My appologies for the swearing 

We were never just looking to spend a few months, but hoping to live for good in the states. Its something we have wanted to do together for about 12 years and I've wanted to do for about 30 years.

Not quite sure I understand (b) is that a good thing?

(c) I guess even though private schools are as it were privately funded it would still be as difficult to get them in?

(d) Would owning a house make it harder to move there?

(e/) I 've had a look at... and have been reading up, like someone said in a post further up, it wouldn't be fair on my children to keep moving them from school to school and I agree If we couldn't stay permanently.


And what is (e/f)? the money part I mean...I know what a green card is...

Thanks for the info your a star...


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## xabiaxica (Jun 23, 2009)

TPGCPA said:


> Thanks to everyone who has posted...
> 
> My appologies for the swearing
> 
> ...


it's simple really

have a look at all the possible types of visas available & see which (if any) are achieveable/applicable to you & your family

to reside long term/permanently in the US you HAVE TO have a visa

if none of them are available to you, you simply can't live there


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## Bevdeforges (Nov 16, 2007)

TPGCPA said:


> Not quite sure I understand (b) is that a good thing?


Probably not. If you do your writing while you are physically located in the US, it's considered to be "working" in the US and you are subject to all the US laws regarding taxes, social insurances, and authorization to work in the US. 



> (c) I guess even though private schools are as it were privately funded it would still be as difficult to get them in?


The public schools vary as to whether or not you need an immigrant visa in order to enroll your children. Private schools can be very selective (i.e. exams, interviews, etc.) or not.



> (d) Would owning a house make it harder to move there?


Not harder, but not easier, either. The fact that you own a house there will make the immigration folks question you on entry to make sure you aren't going to overstay your visa.



> And what is (e/f)? the money part I mean...I know what a green card is...


There are a couple sorts of visas for "investors" which amount to, you invest your money and you take your chances. One sort of investor visa (the more expensive one, natch) can lead to a green card. The other sort isn't really even a permanent residence thing. If your business does less well than expected (by the immigration officials) then can throw you out with something like 30 days notice.

Unless you or your wife can find a job with an employer to sponsor you - or either of you is eligible to enter the diversity lottery - there's not much hope at the moment.
Cheers,
Bev


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## TPGCPA (Mar 12, 2011)

Bevdeforges said:


> Probably not. If you do your writing while you are physically located in the US, it's considered to be "working" in the US and you are subject to all the US laws regarding taxes, social insurances, and authorization to work in the US.
> 
> 
> 
> ...




Thanks for that...looks like it may be what I need E2 Visa for Treaty Investor.. sounds about right...will look in to it a bit more..

Many, many thanks..


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