Maintaining residences in two countries, USA and Sweden

[KarlssonDoyle 0]

The challenge: US Customs in San Francisco, California, conveyed to Swedish citizen upon entry, that due to her frequent visits to the USA – despite each visit lasting under three months each time under the tourism (ESTA waiver) Visa – that she would likely be detained on her next visit to the USA for more in-depth questioning.

Seeking a solution for the two of us to travel between our two countries, the USA and Sweden, with appropriate Visas that will limit hassles at customs in either country. Sweden has offered a solution for the US Citizen through temporary residence solution. We’ve explored the various Visa options published on various US government Web sites, and none seem appropriate to the aforementioned situation. Swedish citizen does NOT want permanent residency here, is NOT seeking a job, NOT seeking US Citizenship, NOT seeking Social Security or other benefits. We simply wish to live part time in both countries - coming and going as needed, but without hassles at US Customs.

We have been together for nearly 4 years. We are expecting our first child in June 2011. We went to get married, but learned last-minute that it could cause us more and serious hassle. We've reviewed the K-1 and other spousal Visa approaches, but because of what we described earlier, none really apply. To date, we've traveled back and forth between USA and Sweden 3-4 times per year without hassle until now.

We've sought guidance from USCIS in person at the Sacramento, California, office and got the message - literally: "This ain't Burger King and you cannot have your way!"....soooo, we seek guidance, ideas and suggestions for a legal way to enable each of us to maintain our standing in our respective countries, yet be allowed the appropriate Visas to travel between our two homes.

Edited November 3, 2010 by KarlssonDoyle

[canadian_wife 1,822]

One cannot live in the US without proper authorization, USCIS's burger king anaolgy was right. If one wants to live in the US, a proper visa is required. Otherwise one will be subject to US customs and immigration at each entry - also running the risk of a denial if too much time is deemed spent in the US

Perhaps look into student visa for the Swedish citizen

Good luck

[Penguin_ie 5,993]

Basically, though a bit rude, USCIS was right. You don't need to spend all of your time in a country, but you need to decide where you want to spend the majority of your time, at least for the next 3+ years, and then act accordingly. If in the USA, go for a spousal visa. After getting that, live in the USA for three years (you can visit Sweden, but must spend majority of your time in the USA), then apply for US citizenship. Once you have that, you can come and go as you please and spend as much time wherever you want.

If you want to spend the majority of your time in Sweden, you will need to cut back on your time in the USA tyo be able to retain your VWP priviledges.

[Brother Hesekiel 2,236]

You are looking for the visa that is commonly referred to as the "snowbird" visa. It allows people from other "rich" countries, people who just want to escape the harsh winters in their home country, to visit the US for a few month a year. A lot of people from Europe do that, mostly retirees who get their pension check delivered to any place in the World, but also people from Canada do it frequently.

The problem is, such a visa does not exist, and it's a crying shame. What harm would we do to the US if some old folks who worked all of their lives for a well deserved retirement and want to do nothing else but hang' a few months a year in Florida, to come and stay, spend money, go to the beach, and play bingo? None.

I personally have a few friends from Sweden and Germany who are doing that with B2 visas. They own small condos in Florida and come for about 4 or 5 months a year, then go back home. They are all doing this for many years now, and so far none of them has been hassled at the POE. Perhaps it's because Florida is a main destination for a lot of retired folks in the winter time, I don't know.

If asked, I would just tell the truth: that you want to get away from the cold Swedish winter for a few months, soak up some sunshine, and then go back home. If you provide documentation that you own property in Sweden and have plenty of money to burn, you should have no problem to get admitted.

[Kathryn41 3,205]

moved from Off Topic to General Immigration Discussion as a more appropriate forum for this thread

[HeatDeath 430]

"Canadian citizen Tourist" is the only status I know of that lets a non-USC spend a non-trivial number of months in the US per year, on an ongoing basis.

Probably not feasible for either of you, unfortunately.