Wanting to semi retire to the USA?

All questions and topics related to US work visas, immigration, etc should be posted here.

Moderators: Reba, visaplace.com

javajavajavaNew Member
Topic author
Posts: 5
Joined: 3 Jan 2009

Wanting to semi retire to the USA?

Post Sat Jan 03, 2009 11:00 am

Hi Reba,
First let me say what a great forum. You are amazing and this has been helpful for sure. One thing I have not noticed is this,
    My partner and I are investing in a property in the USA and want to spend six months a year (183 days max) in the USA at our property. Wanting to know exactly what is the required paper work to do that?
    [list=] Also if he was to come back to Canada within that 6 month period every two months to visit ailing parents how hard is it for him to get back across the boarder to be with me?
    [list=]We are both Canadians and close to retirement, however due to owning a home here in Canada and family we would only be in the USA for 6 moths a year maximum. We do have paperwork to prove we have a mtg and responsibilities here in Canada.
    Thank you for your help with this.
    Happy New Year to you as well.
    J
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Wanting to semi retire to the USA?

Post Sat Jan 03, 2009 11:59 am

I'm confused. What's your question?
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javajavajavaNew Member
Topic author
Posts: 5
Joined: 3 Jan 2009

Re: Wanting to semi retire to the USA?

Post Sat Jan 03, 2009 4:42 pm

My questions -
Is there any paper work we would need to be in the USA every year for six months?
If we had to come back home a couple of times within that 6 months is it easy to cross the boarder again?

Thank you - J
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Wanting to semi retire to the USA?

Post Sat Jan 03, 2009 5:42 pm

No, there is no paperwork required to visit for 6 months per year. Canadians are allowed to visit without a visa.

Whether or not it will be easy to go back and forth depends a lot on the POE officer you happen to get when you cross back. If they suspect that you are attempting to immigrate to the US without benefit of a visa, then they can deny your entry. Or they might just waive you through without a question.

The trick is to be able to prove you do not have immigrant intent, and that you are nothing more than another Snow Bird escaping the winter. If you own a home and have other obligations in Canada, PLUS cash money to fund your 6 month stay, you're probably good to go.
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javajavajavaNew Member
Topic author
Posts: 5
Joined: 3 Jan 2009

Re: Wanting to semi retire to the USA?

Post Sat Jan 03, 2009 6:29 pm

Reba,
Thank you for your patience and reply. We have a mtg on our home here in Canada. Is it a good idea to take the papers with us when going through the boarder and do we mention we plan on being in the USA for 6 months as a visitor/snowbird?
Would it be helpful to carry our utility bills from our household here in BC?
How much cash should we have on us for the 6 months?
we thank you aain so much for yur help.
J and M
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Wanting to semi retire to the USA?

Post Sun Jan 04, 2009 7:58 am

If you have a mortgage on your home in Canada you could carry a copy of that with you to prove financial ties and obligations that you are unlikely to abandon.

Visa Denials


The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

WHAT IS SECTION 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Re: Wanting to semi retire to the USA?

Post Sun Jan 04, 2009 11:25 pm

You don't need anything, is the answer to your question. Or rather, nothing special. All you need is evidence you live in Canada, pretty much and you need to be pretty convincing that you don't intend to work in the US, which is not hard if you're over sixty.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Wanting to semi retire to the USA?

Post Mon Jan 05, 2009 5:24 am

Are you kidding!? The Over 60 Crowd is who Wal Mart actively recruits for greeters and shelf stockers!

;)
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Wanting to semi retire to the USA?

Post Mon Jan 05, 2009 10:28 am

The reality is though the older you are the easier it is to get in as B-2, I was sat at Sweetgrass for three hours a couple of weeks ago and I saw it in action. Some old geezer came in wanting to get his horse cleared to take it into the US and the fact he wanted to stay for months was never even an issue, they just told him the horse could only stay for up to 30 days without a letter from a vet. Then some young couple with an RV made the big mistake of going to the supermarket before they crossed the border and had some vegetables to declare, and they got a much more serious grilling about how long they were planning on staying.

I know people who work in construction who end up in this situation, during the winter they have little work to do so they want to stay in the US for a few months. Well if you're a healthy construction worker and you tell them that at the POE you're going to have tough sledding getting into the US because they don't believe you're just there for the winter.

Although with the recession maybe it's gotten easier.
Steve.
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javajavajavaNew Member
Topic author
Posts: 5
Joined: 3 Jan 2009

Re: Wanting to semi retire to the USA?

Post Mon Jan 05, 2009 8:30 pm

That was a cute comment Reba...LOL You are right as here in Canada (BC)the WalMart has many retired people working.
However - I am only 49 so have to come back to Canada to work... Not quite ready to take the big retirement fulltime yet.
Thanks again for all of your posts... J
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