American married 30 years to European national wants to be Snowbird

[heme2kids 0]

American married 30 years to European national wants to be Snowbird

 

I am american. Husband is European national. 

We reside outside the USA, but visit every year for just a few weeks using Esta VWP.

 

We will retire soon and wish to do the snowbird thing, for up to 6 months at a time. 

 

Since we are married so long, is there anything other than B2 that makes more sense?

allowing us to come and go at will without worrying about an exact date we must leave?

 

 

 

 

[Jojo92122 1,924]

The B2 is the appropriate visa.

 

Only US citizenship would allowed him to come and go without an exact date he must leave by.  US citizenship would require him to have a green card for 3 years and to live in the US with you for those 3 years before he can apply to naturalize.  He will also be subject to US taxes because green card holders are taxed on worldwide income even if nothing is earned in the US.   Not the route I would go in retirement.

 

 

[Jojo92122 1,924]

As a US citizen, you should be filing US tax returns and benefitting from the Foreign Earned Income Exclusion.

 

With 6 months every year in the US, you and your husband's income will be subject to US taxes.  He will be physically present in the US enough that it triggers the requirement for him to file a US tax return as a non-resident alien.  Talk to a US tax planner before becoming a US snow bird.  

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Edited June 7, 2017 by Jojo92122

[heme2kids 0]

1 hour ago, Jojo92122 said:

As a US citizen, you should be filing US tax returns and benefitting from the Foreign Earned Income Exclusion.

 

With 6 months every year in the US, you and your husband's income will be subject to US taxes.  He will be physically present in the US enough that it triggers the requirement for him to file a US tax return as a non-resident alien.  Talk to a US tax planner before becoming a US snow bird.  

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

thank you jojo for your reply.

In response, yes, i am filing us taxes of course, but i am just a housewife and make almost nothing apart from occasional english tutor work.
i file separately from him in the usa as is allowed by law as he is non resident spouse. He does not work in the usa and is taxed in his home country in europe.

please explain how his income earned overseas, or his retirement pension is subject to US taxes?

 

We want to be snowbirds, and we will have no other income other than pension (already taxed in europe)

[Jojo92122 1,924]

Most countries tax income where it is earned.  The US does this and more.

 

The US also taxes based on status and physical presence in the US.  

 

If someone is US citizen or green card holder, that person is subject to US taxes on worldwide income even if nothing is earned in the US.  You are familiar with this.  The requirement to file is not the same as owing taxes as you may be aware of with your situation as a housewife.  You file even if you don't owe anything.

 

If someone is a non-resident alien, that person can be treated as a US resident for tax purposes if the person is physically in the US for the requisite number of days.  That's the link that I provided you.

 

Google "snowbird and US tax filing requirement."  Most will be about Canadians who are our most populous snowbirds, but the tax filing requirements will apply to your husband if he spends 6 months in the US every year.

[heme2kids 0]

22 minutes ago, Jojo92122 said:

Most countries tax income where it is earned.  The US does this and more.

 

The US also taxes based on status and physical presence in the US.  

 

If someone is US citizen or green card holder, that person is subject to US taxes on worldwide income even if nothing is earned in the US.  You are familiar with this.  The requirement to file is not the same as owing taxes as you may be aware of with your situation as a housewife.  You file even if you don't owe anything.

 

If someone is a non-resident alien, that person can be treated as a US resident for tax purposes if the person is physically in the US for the requisite number of days.  That's the link that I provided you.

 

Google "snowbird and US tax filing requirement."  Most will be about Canadians who are our most populous snowbirds, but the tax filing requirements will apply to your husband if he spends 6 months in the US every year.

we already pay 54% in our country, and i am sure he will not want to pay more.

[JFH 12,191]

5 hours ago, heme2kids said:

we already pay 54% in our country, and i am sure he will not want to pay more.

He might not have to. But he will still be required to file if he becomes a resident. 

[NikLR 13,232]

Unless he makes over 97k USD equivalent a year, he wouldn't owe taxes but, as stated, may be required to file a tax return if staying too long in the USA.  Solution: don't stay that long! 

 

~~moved to visitor visas from IR1/CR1 process and procedures.  OP is not looking to immigrate. ~~

[Scandi 4,178]

Might be hard to get a B2 visa since you're eligible for the VWP, but it's worth a try.

[millefleur 5,047]

6 minutes ago, Scandi said:

Might be hard to get a B2 visa since you're eligible for the VWP, but it's worth a try.

If the B-2 is refused, though, then the European husband would lose his WVP so it is a gamble.

 

Why not just go for the green card/spouse visa and then spend 5 months out of the US instead of 6? That's a little more complicated logistically of course, but it would give you full rights to be in the US as long as you want. If you've been married over 2 years, he'll get a 10 year green card. You'd need to send most of your time in the US, but as long as you fall within a certain amount then keeping the green card shouldn't be a huge issue.

[Boiler 45,942]

Usually a retiree is the exception to the general comment not to be greedy when you have access to the VWP.

 

A refusal does not preclude use of the VWP but would need to be disclosed on ESTA which may or may not complicate matters.