How long can I be in America

[BentonBound 0]

Hi,

I have a strange question and don't know whether this is the right pace to ask.

I'm a UK citizen, my wife is a US citizen and our three children are dual nationals.

What I wanted to know (as I don't need to work) is whether we could all move to the US but without me having or applying for residency status and returning to the UK for 1 - 2 weeks every 10 weeks or so. Is this possibe and is it allowed. Does it cause any problems?

Regards,

BentonBound.

[Heracles 417]

You could apply for a 6 month extended stay visa..

A residency visa is probably the only way to go. I cannot say the easiest but pretty much the only way.. There is a range of other criteria when applying for a green card. You could even try your lucky with the diversity visa lottery..

Really without either working here or becoming a resident there is not really any long term solution I know of..

Edited February 18, 2007 by Infidel

[Kez/JWolf 6]

You can not use the VWP to reside in the US if you try to do as you have said in your post you will be denied entry... the VWP is for people who are coming on vacation and do not intend to live here... you can however file for a K3/CR1 that will allow you do remain in the US...

You could try for a B2 visa but I know it is very hard to get one from the UK because the VWP is there for you to use if you are only coming to the US on vacation...

Have a read of the Guides at the top of this page and see which visa you think will work well for you..

Good Luck

Kez

[BentonBound 0]

You can not use the VWP to reside in the US if you try to do as you have said in your post you will be denied entry... the VWP is for people who are coming on vacation and do not intend to live here...

]

Thank you for your replies. I would be planning to buy a house as a 'vacation home' and just want to be able to have several vacations a year. I'm not after residency as I have my house in the UK which will continue to be my primary residence.

Regards,

BentonBound

[Kez/JWolf 6]

They would be looking to see which country you send more time in.... if you plan to be in the US for 10 weeks then return to the UK for 2 weeks and then come back to the US for another 10 weeks and so on during the whole year you will be resident in the US not the UK... and that you can not do on a VWP or a B2

Kez

Edited February 18, 2007 by Niagaenola

[misa 2]

I'm confused. Where will your wife and kids be living and how long do you intend on staying on the VWP each visit? The VWP is only good for 90 days each visit. You'd look very suspicious if you went to the U.S. for 90 days, then back to the UK for a few weeks, then back to the U.S. Whether or not you're interested in residency status, the officer at the POE will most likely view it as immigration intent.

For the other posters:

Is there a maximum allowed time per year that someone on the VWP can stay? With Canada, you can stay up to a maximum of 6 months in the U.S. per calendar year.

[BentonBound 0]

They would be looking to see which country you send more time in.... if you plan to be in the US for 10 weeks then return to the UK for 2 weeks and then come back to the US for another 10 weeks and so on during the whole year you will be resident in the US not the UK... and that you can not do on a VWP or a B2

Kez

I had a feeling that that might be the case. We were looking at the possibilityof doing it that way for 1 year only. If after a year we decide that we want to stay then I would apply for US residency and if it doesn't work out for us then we can justreturnto the UK andcarry on where we left off.

Regards,

BentonBound.

[Kez/JWolf 6]

Good Luck at getting through POE... maybe you should book all your flights to the US via Dublin as they have a US POE there and that way if you get refused then its is only the cost of a short flight back to the UK that you will have to pay for...

Kez

[gwenneh 7]

With every visit you increase your chances of being denied entry-particularly if you have a US based spouse and kids.

[meauxna 15]

I would be planning to buy a house as a 'vacation home' and just want to be able to have several vacations a year. I'm not after residency as I have my house in the UK which will continue to be my primary residence.

Which is it? Home (whether we could all move to the US)? A vacation home? Or a "vacation" home (wink wink)?

Lots of us have lived between two countries; we have lots of ideas and ways to make it work. It would probably be easier if you just stated what your desired outcome is instead of playing coy.