Move to USA possible/options
Discussion
First off.. I'm so jealous of you lot who live out there... :-)
Now that that's off my chest, I'd like to join you but unsure of options.
I've read various sites and the info regarding living in the USA seems confusing so I'm wondering if anyone could give some guidance please.
Ideally we'd like to be out there in about 10 years (when the kids have left school) but could move sooner. I appreciate that's a long way off but thinking about it its not that long.
We (wife, 2 lads and me) have holidayed in Florida many times. The USA is the only place we feel at home, last year I just didn't want to go home. I appreciate that I'm on holiday and it may be different living in the USA but that's how I feel at the moment as does the family.
We like the weather, Everyone seems happy to help and friendly, driving style is laid back, houses are bigger and not crammed together like here in UK. The food isn't great but hey that's the least of my worries.
Here are my questions:
In the short term can I own a house in the USA and rent it out? this would be my plan to get on the property ladder out there. I'm not in the rental game to make money just an end plan to own something.
How long could I stay in the USA at anyone time (without working) 6 months I believe??
Can and UK person get a job out there? Ideally i'd like to setup a business, would this be allowed?
Thanks in advance for any guidance or advice.
We are back over on 11 weeks visiting LA, Las vegas and San Francisco
Next years holiday is booked as well, back to Florida and Clearwater.
Cheers,
Dave
Now that that's off my chest, I'd like to join you but unsure of options.
I've read various sites and the info regarding living in the USA seems confusing so I'm wondering if anyone could give some guidance please.
Ideally we'd like to be out there in about 10 years (when the kids have left school) but could move sooner. I appreciate that's a long way off but thinking about it its not that long.
We (wife, 2 lads and me) have holidayed in Florida many times. The USA is the only place we feel at home, last year I just didn't want to go home. I appreciate that I'm on holiday and it may be different living in the USA but that's how I feel at the moment as does the family.
We like the weather, Everyone seems happy to help and friendly, driving style is laid back, houses are bigger and not crammed together like here in UK. The food isn't great but hey that's the least of my worries.
Here are my questions:
In the short term can I own a house in the USA and rent it out? this would be my plan to get on the property ladder out there. I'm not in the rental game to make money just an end plan to own something.
How long could I stay in the USA at anyone time (without working) 6 months I believe??
Can and UK person get a job out there? Ideally i'd like to setup a business, would this be allowed?
Thanks in advance for any guidance or advice.
We are back over on 11 weeks visiting LA, Las vegas and San Francisco
Next years holiday is booked as well, back to Florida and Clearwater.
Cheers,
Dave
I moved to the US (Central FL) from Yorkshire UK in 2001 - my employer moved me here, so visas etc were all taken care of by them. Since then, I have had several employment/visa changes and am now a US citizen. I came here with my wife and then 19 yearly daughter. I know a thing or two about this process and the challenges faced regarding a move of this nature - but I am not qualified to offer legal advice.
There is nothing to prevent you owning property here. Buying is just as complicated as in UK, but happens a lot faster and involves all manner of 3rd parties, who all want a slice of the fees. Maintaining a rental property can get very expensive and depending on what type of rental you envisage (short-term vacation vs longer-term residential) will have some bearing on physically where you can buy - i.e. the property must be 'zoned' for short-term rental.
Owning a property will give you absolutely NO advantage, in terms of access to the country - it doesn't make it easier to obtain a visa - and in some cases makes it more difficult.
The maximum permissible time in the US, utilizing the Visa Waiver Program is 90 days. You cannot 'reset' the VWP by hopping over the border into Mexico or Canada (or proximal islands) and the general rule of thumb with VWP is that you should spend at least as much time outside of the US, as you spend within.
There is a visa option for visitors - B1 for business related visits and B2 for tourism. These visas permit up to 6 months continuous presence. The regulations regarding what duties you may carry out on a B1 are quite strict and you most certainly cannot be deemed as employed in the US, using this visa. B2 is colloquially known as a 'snow-bird' visa - intended for retired foreign nationals who spend the winter in sunnier climates - but are also an option for those who do not qualify for VWP. If you do qualify for VWP, a B2 petition is quite likely to be denied - and visa denials should be avoided, so be mindful of that.
A UK citizen can apply for a job, whilst here on VWP, but cannot accept/sign a contract here (this would need to be done back in UK). The employer would have to petition an employment based visa for the UK citizen before employment could start however. Getting a job here is ridiculously easy, compared to getting a visa of course. I won't bother getting into the intricacies of the different employment visa classes and their requirements, unless you specifically want me to. What I will say is that everything is driven by the employer, not the employee.
You are permitted to set up a business, but likewise, you will need a visa to do so. You will also need a substantial amount of cash that you place 'at risk' and a very stout business plan that demonstrates your need to employ US citizens, that you will be measured against. Most (not all) business set-up visas - (E1 Treaty Trader and E2 Treaty Investor) do not provide a route to permanent residence. If your E visa renewal is turned down for any reason, you must leave - and anecdotally, the most common reason for a denial is failure to meet business plan financial targets and failure to employ sufficient USC's.
Be mindful that when your children attain 21 years of age, they are no longer considered dependent and therefore have to secure employment/immigration status in their own right - or leave.
One final option to consider - are you loaded? I ask because if you are swimming in cash, you could also 'buy' a green card for you and your family by 'investing' in an EB-5 program. Essentially you hand over half a million dollars, that you will never see again, which is 'invested' in some community program or other and in exchange you receive permanent resident status for you and your family. This is a bit of a generalization - but pretty much how it works.
Hope this is helpful - let me know if there's anything I missed.
There is nothing to prevent you owning property here. Buying is just as complicated as in UK, but happens a lot faster and involves all manner of 3rd parties, who all want a slice of the fees. Maintaining a rental property can get very expensive and depending on what type of rental you envisage (short-term vacation vs longer-term residential) will have some bearing on physically where you can buy - i.e. the property must be 'zoned' for short-term rental.
Owning a property will give you absolutely NO advantage, in terms of access to the country - it doesn't make it easier to obtain a visa - and in some cases makes it more difficult.
The maximum permissible time in the US, utilizing the Visa Waiver Program is 90 days. You cannot 'reset' the VWP by hopping over the border into Mexico or Canada (or proximal islands) and the general rule of thumb with VWP is that you should spend at least as much time outside of the US, as you spend within.
There is a visa option for visitors - B1 for business related visits and B2 for tourism. These visas permit up to 6 months continuous presence. The regulations regarding what duties you may carry out on a B1 are quite strict and you most certainly cannot be deemed as employed in the US, using this visa. B2 is colloquially known as a 'snow-bird' visa - intended for retired foreign nationals who spend the winter in sunnier climates - but are also an option for those who do not qualify for VWP. If you do qualify for VWP, a B2 petition is quite likely to be denied - and visa denials should be avoided, so be mindful of that.
A UK citizen can apply for a job, whilst here on VWP, but cannot accept/sign a contract here (this would need to be done back in UK). The employer would have to petition an employment based visa for the UK citizen before employment could start however. Getting a job here is ridiculously easy, compared to getting a visa of course. I won't bother getting into the intricacies of the different employment visa classes and their requirements, unless you specifically want me to. What I will say is that everything is driven by the employer, not the employee.
You are permitted to set up a business, but likewise, you will need a visa to do so. You will also need a substantial amount of cash that you place 'at risk' and a very stout business plan that demonstrates your need to employ US citizens, that you will be measured against. Most (not all) business set-up visas - (E1 Treaty Trader and E2 Treaty Investor) do not provide a route to permanent residence. If your E visa renewal is turned down for any reason, you must leave - and anecdotally, the most common reason for a denial is failure to meet business plan financial targets and failure to employ sufficient USC's.
Be mindful that when your children attain 21 years of age, they are no longer considered dependent and therefore have to secure employment/immigration status in their own right - or leave.
One final option to consider - are you loaded? I ask because if you are swimming in cash, you could also 'buy' a green card for you and your family by 'investing' in an EB-5 program. Essentially you hand over half a million dollars, that you will never see again, which is 'invested' in some community program or other and in exchange you receive permanent resident status for you and your family. This is a bit of a generalization - but pretty much how it works.
Hope this is helpful - let me know if there's anything I missed.
Hi Matt,
Thank you very much for the detailed reply. Lots to take in. The buying a green card seems a fair choice maybe a plan for when we come to move... assuming we sell our house for enough cash.
Out of interest we keep hearing "Trunp" saying he will stop immigration, if its this hard to get in why is it an issue for him?
Last time I was in Florida i did notice a lot of foreign workers, I guess maybe not permanent residents.
May I ask how do you find life in the USA?
kindest regards,
Dave
Thank you very much for the detailed reply. Lots to take in. The buying a green card seems a fair choice maybe a plan for when we come to move... assuming we sell our house for enough cash.
Out of interest we keep hearing "Trunp" saying he will stop immigration, if its this hard to get in why is it an issue for him?
Last time I was in Florida i did notice a lot of foreign workers, I guess maybe not permanent residents.
May I ask how do you find life in the USA?
kindest regards,
Dave
528Sport said:
Hi Matt,
Thank you very much for the detailed reply. Lots to take in. The buying a green card seems a fair choice maybe a plan for when we come to move... assuming we sell our house for enough cash.
Out of interest we keep hearing "Trunp" saying he will stop immigration, if its this hard to get in why is it an issue for him?
Last time I was in Florida i did notice a lot of foreign workers, I guess maybe not permanent residents.
May I ask how do you find life in the USA?
kindest regards,
Dave
You are very welcome Dave.Thank you very much for the detailed reply. Lots to take in. The buying a green card seems a fair choice maybe a plan for when we come to move... assuming we sell our house for enough cash.
Out of interest we keep hearing "Trunp" saying he will stop immigration, if its this hard to get in why is it an issue for him?
Last time I was in Florida i did notice a lot of foreign workers, I guess maybe not permanent residents.
May I ask how do you find life in the USA?
kindest regards,
Dave
Be aware that the EB-5 Immigrant Investor Program is very inappropriate for a lot of people - even if they do have the financial muscle to participate. My advice would be to search it thoroughly and seek the advice of an EB-5 experienced immigration attorney if you think this is a viable option for you.
Trump isn't advocating abolition of US immigration - he's supposedly more concerned with preventing illegal immigration (predominantly from Central/South America) via the Mexican border.
There is a very significant latino population in Florida - in the south east it is mainly of Cuban extraction - here in Central FL it is predominantly from Puerto Rico (so de facto US citizens) That said, there are a hell of a lot of "undocumented aliens" in this state, due to the amount of agri-industry here, which requires a large, transient workforce.
I very much enjoy life here - though I suspect it isn't for everyone. I worked in the US a lot prior to moving here so I had some idea of what I was letting myself (and my family) in for. Some of the things you point out in your initial posting are attractive to me. I like the climate a lot. Many feel that it's just too hot and humid during the summer - and I understand that, but it doesn't take much getting used to - and that's why we have back yard pools and beaches.
I earn a lot more here than I could doing the same kind of work on the UK and in some respects my money goes further - but I work longer hours, travel more and have a little less in terms of holidays - but every weekend is arguably a holiday.
My daughter had a tough time initially. When we left, she was training to be a copper at the Met Training School in Hendon. She scratched all that and decided to chance things here - knowing she could always go home if it didn't work out. She went to college here and did a degree in criminal justice (that cost me a lot of money - as I had to pay out of state school fees, because I wasn't a permanent resident at that point). She married an American dude just before her 21st birthday - and after a spell as an EMT/Ambulance driver, she got a civilian role (comms center) at Orange County Sheriffs Office. She did really well there and as soon as she attained her US citizenship (via marriage) they sponsored her and put her through police training college. Six years later - she's now a detective in the agency - so it all worked out in the end.
It didn't take us long to consider this place home - our only regret is that we are far away from aging parents and other loved ones. I have to say that going back to UK for visits has become an unusual experience - Britain has changed a lot in the last 15 years and I don't really feel a connection any more.
Having written all that - the US has it's downsides like everywhere else - but the advantages outweigh the disadvantages in my particular circumstances. Not sure how things will change if Trump gets in - but Hillary is just as big a liability, so perhaps it won't make much difference.
Hope this helps.
Hi Matt,
Glad it worked out for you and your family :-)
The U.K. has changed a lot and not to my liking. I never thought I'd be happy to move away from my home town of Newcastle.
I really worry for my kids future, they are 6&8
One reason for our delay in moving is lack of funds (at the moment) maybe I should cut back on fancy holidays. Also, My mum us still with us and as an only child I'd not be able to bring myself to move away leaving her on her own.
Thinking aloud only the buying green card seems a fair option. Gives me a goal to aim for.
Good luck with Trump or Hilary. It can't be worse than the muppets we have.
I can't wait to get back over this year and next. I can feel the sunshine already.
Thanks again for your detailed replies.
Dave
Glad it worked out for you and your family :-)
The U.K. has changed a lot and not to my liking. I never thought I'd be happy to move away from my home town of Newcastle.
I really worry for my kids future, they are 6&8
One reason for our delay in moving is lack of funds (at the moment) maybe I should cut back on fancy holidays. Also, My mum us still with us and as an only child I'd not be able to bring myself to move away leaving her on her own.
Thinking aloud only the buying green card seems a fair option. Gives me a goal to aim for.
Good luck with Trump or Hilary. It can't be worse than the muppets we have.
I can't wait to get back over this year and next. I can feel the sunshine already.
Thanks again for your detailed replies.
Dave
Edited by 528Sport on Tuesday 10th May 21:59
You mentioned starting a business - outside of being transferred here by your UK based employer (L1-A or B) or finding a US employer prepared to sponsor you (H1-B) or having skills or expertise of outstanding merit (O-1) setting up in business id probably the least expensive route into this country.
I know 2 British E2 Treaty Investors quite well. One of them runs an "English Pub" - which is so unlike any English pub I've ever visited and the other runs a Subway buttie shop franchise. Both of them are doing OK because they employ US citizens and they meet their forecasts, so have had no issues with visa renewals - though LOTS fail, simply because they overestimated their capabilities, or just ran out of operating capital before the businesses established themselves. The Subway franchise cost about $130k - but I've heard of people setting up lawn service and pool cleaning businesses with less than $100k starting money.
What it all boils down to is how seriously you want to do it. If the real desire is there, you'll find a way. If I can do it anyone can!
I know 2 British E2 Treaty Investors quite well. One of them runs an "English Pub" - which is so unlike any English pub I've ever visited and the other runs a Subway buttie shop franchise. Both of them are doing OK because they employ US citizens and they meet their forecasts, so have had no issues with visa renewals - though LOTS fail, simply because they overestimated their capabilities, or just ran out of operating capital before the businesses established themselves. The Subway franchise cost about $130k - but I've heard of people setting up lawn service and pool cleaning businesses with less than $100k starting money.
What it all boils down to is how seriously you want to do it. If the real desire is there, you'll find a way. If I can do it anyone can!
O.P. - over the years many people have asked similar questions and Matt has provided very consistent and accurate information.
I think the thing that you ought to do is look at your c.v. and from that determine where that would take you geographically, then look at who can sponsor you for a visa.
If you were in the oil industry then you would look to Houston or the Gulf coast and find a contract job where they could legitimately claim you were qualified. Then, after many years and a lot of paperwork you can get a Permanent Resident Visa i.e. Green card.
It is very difficult and not for many and this is why so many people have moved to the US illegally.
If you find that in your research that you have a skills gap then get the qualifications that are needed. Advice from expatriates is a good start but no substitute for a very experienced immigration attorney.
You would be well advised to also look at close substitutes like Canada where the system is a little different but still fairly close.
I think the thing that you ought to do is look at your c.v. and from that determine where that would take you geographically, then look at who can sponsor you for a visa.
If you were in the oil industry then you would look to Houston or the Gulf coast and find a contract job where they could legitimately claim you were qualified. Then, after many years and a lot of paperwork you can get a Permanent Resident Visa i.e. Green card.
It is very difficult and not for many and this is why so many people have moved to the US illegally.
If you find that in your research that you have a skills gap then get the qualifications that are needed. Advice from expatriates is a good start but no substitute for a very experienced immigration attorney.
You would be well advised to also look at close substitutes like Canada where the system is a little different but still fairly close.
DanSaff said:
Sorry to jump in on this one but my situation is scarily similar! but my mum is Canadian and I'm able to get Canadian passport.
Would my situation make it easier to make the move?
Cheers
Dan
Once you have a Canadian passport you can get a TN visa to work in the USA.Would my situation make it easier to make the move?
Cheers
Dan
I don't know how you 'adjust' to get a Green card - that is another question for an immigration attorney.
much appreciated. I'm not particularly familiar with TN Status (not being a Kanuk), but I'm sure it may be an option - albeit a quite limiting one.
It's probably pertinent to remember that for Canadian citizens TN is not a visa - but a "status" that is determined at the point of entry by US CBP.
It is not applicable to mainstream jobs, other than those determined (by CBP) as NAFTA qualifying occupations. Effectively this means that if the CBP official decides that your job offer (which must be temporary, rather than permanent) is not NAFTA compliant, he can deny you entry - and you have no recourse to appeal. Additionally, your status is reviewed each time to cross the US border - so there is an element of denial risk, every time you use it.
The upside is that although deemed 'temporary', (renewed by returning to Canada every 3 years) it is renewable indefinitely - although it is not a route to permanent residence - it could be used as a vehicle for an H1-B petition further down the line, which does provide a route to permanence in most cases.
Essentially, you must be a Canadian citizen, with a temporary (no more than 3 years) NAFTA qualifying job offer from a US company that is boiler-plate enough to satisfy the goons at the border.
It's probably pertinent to remember that for Canadian citizens TN is not a visa - but a "status" that is determined at the point of entry by US CBP.
It is not applicable to mainstream jobs, other than those determined (by CBP) as NAFTA qualifying occupations. Effectively this means that if the CBP official decides that your job offer (which must be temporary, rather than permanent) is not NAFTA compliant, he can deny you entry - and you have no recourse to appeal. Additionally, your status is reviewed each time to cross the US border - so there is an element of denial risk, every time you use it.
The upside is that although deemed 'temporary', (renewed by returning to Canada every 3 years) it is renewable indefinitely - although it is not a route to permanent residence - it could be used as a vehicle for an H1-B petition further down the line, which does provide a route to permanence in most cases.
Essentially, you must be a Canadian citizen, with a temporary (no more than 3 years) NAFTA qualifying job offer from a US company that is boiler-plate enough to satisfy the goons at the border.
I live in the Detroit area which is technically north of the Canadian city of Windsor.
We have numerous Canadians working in Detroit. They cross the border in the morning and go home at night, no different to someone living in Kent and working in Essex and crossing at Dartford every day.
Most of these people work in the automotive industry. But I have no idea how they handle their visa situation though.
We have numerous Canadians working in Detroit. They cross the border in the morning and go home at night, no different to someone living in Kent and working in Essex and crossing at Dartford every day.
Most of these people work in the automotive industry. But I have no idea how they handle their visa situation though.
Thanks Matt and Gavin for taking the time to reply,
I had a look at the list about the skills needed and there is a possibility on the engineering side if I get a qualification in welding or fabrication (if that's on the engineering list) and my wife could do the accountancy qualifications.
It's nice to know that I "could" possibly live the lifestyle in some way, whilst jumping through hoops before fully committing to a move.
Thanks again for the info
Cheers
Dan
I had a look at the list about the skills needed and there is a possibility on the engineering side if I get a qualification in welding or fabrication (if that's on the engineering list) and my wife could do the accountancy qualifications.
It's nice to know that I "could" possibly live the lifestyle in some way, whilst jumping through hoops before fully committing to a move.
Thanks again for the info
Cheers
Dan
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