VWP then B2.

[mikeg 0]

Hi,

I've been researching away and feel fairly confident I am posting in the correct forum!

My wife and I are middle aged. She's American and I'm Australian. We are financially independent and semi retired. Our goal is to live in the USA for some 4 to 6 months of the year and Australia the balance. Eventually, when her parents pass on we will live in Australia full time. We own a farm in Australia and a house in the USA and have some business interests here and there.

So, this is what I'm thinking and I'd like confirmation if it is the correct way to go.

We are in London where we are sprucing up a property to let or sell. We will have this finished mid July and leave for the USA. It appears I could apply at the London US embassy for a B2 visa before we leave.

However, my travel plans are;

London to USA mid July. Visa Waiver Program entry.

USA to Australia mid September.

End September back to USA. Visa Waiver Program entry.

End November (straight after Thanksgiving) back to Australia.

USA mid April on a B2 I've applied for in Australia and possibly stay 6 months in USA but likely returning to Australia for business/ family mid stay for a few weeks.

Then boucing back and forward for hopefully many years to come until we have no family commitments in the USA.

Is this a fair plan or should I apply for B2 in London or just stick on the VWP for the foreseeable future?

Thanks,

Mike.

[Penguin_ie 5,994]

I think your plan should work. You are one of these people who is essentially "independantly wealthy", and thus can afford to spend nearly half their time in the USA without working- make sure to bring proof of that to your B2 interview.

[Boiler 45,557]

What is your status in the UK.

Beware of US tax implications.

[mikeg 0]

What is your status in the UK.

Beware of US tax implications.

I'm a visitor to the UK. Wife is a permanent resident of the UK.

Yes, I think a Green Card would be setting up a whole lot of tax problems I won't need. Primarily because my business interests are mostly in Australia and Asia and I pay tax in Oz.

Would a B2 and less than 6 months a year be setting me up for tax problems from the USA? Seems unlikely.

[Boiler 45,557]

I was not thinking of a GC re Tax.

An option, you have the issue of your wife filing in the US anyway, just something you need to be aware of - substantive presence test.

Best bet if you want to try the B2 would to apply in Australia, that is where you have your ties.

Sounds like your wife is giving up her UK residency.

[mikeg 0]

I was not thinking of a GC re Tax.

An option, you have the issue of your wife filing in the US anyway, just something you need to be aware of - substantive presence test.

Best bet if you want to try the B2 would to apply in Australia, that is where you have your ties.

Sounds like your wife is giving up her UK residency.

Yes, happily giving up residency for countries with blue skies. Re wife. Yes, new house there is in her name and I expect she will be considered to be there for tax. We will also start to sort her Australian residency. I'll have to find a site like this one for her. Great site and I'm so glad to stumble on it. Thanks for your help with answers guys.

[Boiler 45,557]

A USC has to file taxes based on their worldwide income.

A non USC may also be required to file taxes depending on their presence in the US, nothing to do with Green Card etc.