Return visits on a B-2 visa from Thailand?

[Rich Z 0]

I met a woman in Thailand (I am in the USA) and she has a valid B2 visa. I visited her in Thailand for 3 weeks, and we have become close friends. As such, she came back to the USA with me and is staying for 3 months to visit and sight see. She is planning to return to Thailand on the 16th of this month for matters to attend to, and after 2 months at home there, return to the USA to visit me for 6 months.

 

Is there any sort of restriction that would hinder our plans?

 

Thank you.

[wildbug100420 175]

5 minutes ago, Rich Z said:

I met a woman in Thailand (I am in the USA) and she has a valid B2 visa. I visited her in Thailand for 3 weeks, and we have become close friends. As such, she came back to the USA with me and is staying for 3 months to visit and sight see. She is planning to return to Thailand on the 16th of this month for matters to attend to, and after 2 months at home there, return to the USA to visit me for 6 months.

 

Is there any sort of restriction that would hinder our plans?

 

Thank you.

Each entry is at the discretion of cbp. How is she able to afford to travel with such frequency? What ties does she have to return to her country at the end of the authorized stay?

[appleblossom 3,301]

41 minutes ago, Rich Z said:

I met a woman in Thailand (I am in the USA) and she has a valid B2 visa. I visited her in Thailand for 3 weeks, and we have become close friends. As such, she came back to the USA with me and is staying for 3 months to visit and sight see. She is planning to return to Thailand on the 16th of this month for matters to attend to, and after 2 months at home there, return to the USA to visit me for 6 months.

 

Is there any sort of restriction that would hinder our plans?

 

Thank you.

I think that’s risky, particularly as she presumably doesn’t have a job if she can visit for such long periods of time? What other ties can she show?

 

Spending 9 months out of 11 in the US could make it look as though she’s trying to live there without the right visa. Ideally she’d stay out for longer than she’s been in before trying to return (i.e. if she was in the US for 3 months, stay out for ~4 months before trying to go back). And spending the full 6 months is not great either. Could you not visit her next instead? She’s risking being refused entry with that travel pattern and then she won’t be able to visit at all. 

[Boiler 46,246]

She would also be resident for tax purposes 

[OldUser 7,863]

2 hours ago, Boiler said:

She would also be resident for tax purposes 

Very good point actually!

[Rich Z 0]

For the record, she is staying with me. I support her while she is here. She is relatively low maintenance.  We are both retired. I can afford to pay her way while she is in the USA.  She has a government pension in Thailand. She owns her own home and a few properties in Thailand.

 

As far as tax purposes are concerned, how can she be considered tax cattle if she has no income in the USA? All the money she earns from her pension in Thailand STAYS in Thailand.

 

And yes, I may alternate visits to Thailand on occasion, but honestly i prefer being in the USA and she would like to see America. I do like Thailand, but I seriously doubt I could be convinced to relocate there. And it is also possible that I may marry her in a year or two and go the K-1 VISA route at that time. But that is a step that I want to be certain is a GOOD step.  My wife died in November, 2023 after being together for 46 years. Am I just rebounding from that blow to my life?  I am 74 years old, she is 67 and a retired school teacher from central Thailand. We have found each other to be comfortable companions and just want to spend time together.

 

That is acceptably legal, I hope.

[Boiler 46,246]

US taxes residents on their worldwide income

[appleblossom 3,301]

1 hour ago, Rich Z said:

For the record, she is staying with me. I support her while she is here. She is relatively low maintenance.  We are both retired. I can afford to pay her way while she is in the USA.  She has a government pension in Thailand. She owns her own home and a few properties in Thailand.

 

As far as tax purposes are concerned, how can she be considered tax cattle if she has no income in the USA? All the money she earns from her pension in Thailand STAYS in Thailand.

 

And yes, I may alternate visits to Thailand on occasion, but honestly i prefer being in the USA and she would like to see America. I do like Thailand, but I seriously doubt I could be convinced to relocate there. And it is also possible that I may marry her in a year or two and go the K-1 VISA route at that time. But that is a step that I want to be certain is a GOOD step.  My wife died in November, 2023 after being together for 46 years. Am I just rebounding from that blow to my life?  I am 74 years old, she is 67 and a retired school teacher from central Thailand. We have found each other to be comfortable companions and just want to spend time together.

 

That is acceptably legal, I hope.

As Boiler said, the source of her income isn’t relevant. https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
 

I certainly wouldn’t risk her planned travel but it’s obviously your call. It’s up to you whether you’re happy to take the chance of her being refused entry. As you’re both retired, taking turns to visit each other (and her staying for shorter periods, not 6 months) would be a much safer idea. 
 

Good luck. 

[wildbug100420 175]

3 hours ago, Rich Z said:

For the record, she is staying with me. I support her while she is here. She is relatively low maintenance.  We are both retired. I can afford to pay her way while she is in the USA.  She has a government pension in Thailand. She owns her own home and a few properties in Thailand.

 

As far as tax purposes are concerned, how can she be considered tax cattle if she has no income in the USA? All the money she earns from her pension in Thailand STAYS in Thailand.

 

And yes, I may alternate visits to Thailand on occasion, but honestly i prefer being in the USA and she would like to see America. I do like Thailand, but I seriously doubt I could be convinced to relocate there. And it is also possible that I may marry her in a year or two and go the K-1 VISA route at that time. But that is a step that I want to be certain is a GOOD step.  My wife died in November, 2023 after being together for 46 years. Am I just rebounding from that blow to my life?  I am 74 years old, she is 67 and a retired school teacher from central Thailand. We have found each other to be comfortable companions and just want to spend time together.

 

That is acceptably legal, I hope.

K1 is for unmarried couples 

[OldUser 7,863]

9 hours ago, Rich Z said:

As far as tax purposes are concerned, how can she be considered tax cattle if she has no income in the USA? All the money she earns from her pension in Thailand STAYS in Thailand.

If she spends over 183 days in the US within 3 years and 31 days in current year...

Congratulations, she's a US tax resident. She has to file US taxes on worldwide income, whatever it is.

Edited February 7 by OldUser

[Rich Z 0]

Hmm, from what I see as the definition of a USA resident:

 

[quote]

United States resident

(A)The term “United States resident” means— (i)any individual who— (I)is a United States citizen or a resident alien and does not have a tax home (as defined in) in a foreign country, or (II)is a nonresident alien and has a tax home (as so defined) in the United States, and (ii)any corporation, trust, or estate which is a United States person (as defined in).

[/quote]

 

She is a tax paying resident of Thailand. Besides, her pension is so small that it would be beyond comical for the IRS to have her on their radar. And honestly, I am not going to turn her in to the IRS.  LOL!!

 

So are all the snowbirds coming down from Canada to spend the winters in Florida considered USA residents?

Edited February 8 by Rich Z

[Boiler 46,246]

Snowbirds come for less than 6 months 

[appleblossom 3,301]

33 minutes ago, Rich Z said:

Hmm, from what I see as the definition of a USA resident:

 

[quote]

United States resident

(A)The term “United States resident” means— (i)any individual who— (I)is a United States citizen or a resident alien and does not have a tax home (as defined in) in a foreign country, or (II)is a nonresident alien and has a tax home (as so defined) in the United States, and (ii)any corporation, trust, or estate which is a United States person (as defined in).

[/quote]

 

She is a tax paying resident of Thailand. Besides, her pension is so small that it would be beyond comical for the IRS to have her on their radar. And honestly, I am not going to turn her in to the IRS.  LOL!!

 

So are all the snowbirds coming down from Canada to spend the winters in Florida considered USA residents?

Resident and tax resident are different things. The link I gave you earlier gives you the info you need from the horses mouth. Nobody said she’d have to PAY taxes in the US, just that she’d have to file them. I earn nothing in the US, all of my income comes from investments, property and a job in another country. But because I spend enough time in the US each year I’m tax resident there, and so I have to file a US tax return. I get credit for the tax I’ve already paid in my home country as there is a tax treaty in place, but still need to file and then potentially pay any difference. It sounds like your GF wouldn’t earn enough to pay tax in the US, but she’d still potentially be liable for filings. 
 

Snowbirds aren’t relevant as they don’t spend enough time in the US. You’re asking about her spending 9 months out of 11 in the US so a very different scenario. 
 

Another thing to factor in is health insurance. 

Edited February 8 by appleblossom

[Rich Z 0]

Yes, I am curious about how to handle the health insurance problem. Any suggestions?

[appleblossom 3,301]

2 hours ago, Rich Z said:

Yes, I am curious about how to handle the health insurance problem. Any suggestions?

The easiest thing would be for her to spend less time in the US and then she can just use travel insurance. Honestly, your plan for her to spend so much time in the US is fraught with problems from taxes, to healthcare, and risking her visa being taken away altogether. It really would be far easier all round if you just rethink her intended travel pattern.