View Full Version : retiring
derek gibson
25-02-2006, 02:13
hi hopefully we are going to move to florida as we have set up a jobs and brought a house ,we hope to go in july (if we get the visa sorted in time) .does anyone know how my mum and dad stand as they want to come as well and retire there can they do that as we dont have a green card
Hi
I doubt very much if Mum and Dad will be allowed to stay indefinitely. If they get a B1 Visa they can stay for six months and then go back to the UK for a period of time before going back to Fla. The IMO are getting hot about this and when we enquired on renewing our B1 and B2 we asked about returning to US after a stay in UK of about 1 month. The answer 'if you get an Immigration Officer who is in a bad mood, he can turn you back as you already had 180 days in US'.
The US Embassey guy said there was no black and white rule, just upto the discretion of the I. Officer that day!!!!
We specifically asked the question as we had been questioned a couple of times - we are both over 60 - mind you, we didn't ask until they had granted us a further 10 year B1 B2. Not that stupid to upset them!!
I think it is dreadful that there is no hard and fast rule, but good luck with your venture.
Sandra
chrizzy100
25-02-2006, 04:34
You can't retire in the US unless you have worked at a job that gives you a greencard...or have a visa that leads to a greencard...
If you get your greencard and then after 5 years become an American...then you could start the ball rolling to bring them over...but I think that takes years and then some...Its not something I've looked into...I get on better with my mum with an ocean between us....
B2 is the best they can do. The only way for them to live full time there would be to buy a business and apply for E2 visas. You wouldnt believe the number of older people who would have taken early retirement in the UK running little businesses over here just for the right to stay full time. If they come out on B2, they could look for a business and then change status internally through Texas USCIS.
derek gibson
25-02-2006, 22:26
thanks for all your replys ,i think that they will look to buy a small bissiness to run with the visa when they get out there .i have been told that if you pay $1000 you can fast track the change of visa when they are out there .i think this will be the best way to go thanks again
chrizzy100
25-02-2006, 23:15
What visa are you waiting for...?
Robert5988
26-02-2006, 00:54
Presumably you have looked into the high cost of retiring in Florida without have worked there for many years?
I don't know the ages of your parents, or their state of health, but I take it you are aware of the many $000s it costs for medical insurance alone?
derek gibson
26-02-2006, 02:23
we are waiting for a investors visa .e2 i think we are buying a business ,it has just been filed with immigration
Even if you fast track through Texas, you still have to go back to American Embassey after 2 years in the UK. They are getting wise to this and have delayed many people returning. These people have by now got a business running in US and they can't get back to it. You can read or hear about it on an almost weekly basis.
I hope you and your parents are going to do some serious homework. I would err on the side of caution if you have been told that a $1000 will fast track you. If that is the case, why are so many people waiting for visa changes. I am sure most people would love to pay and could afford to pay it. Be sure to get your facts correct and the only way to do this is to get onto the American Embassey website and it tells you all you need to know.
We on the forum can all give you this and that advice, but truly, you need official advice from the horse's mouth so to speak.
Good luck anyway, and keep trying. Never give up on your dream, just don't go headlong into it - you may fall out of the sky!!
Sandra
You can premium process an application for a change of status in Texas for $1000. You are right this will only give you an I-94 for two years and not a visa and you have to go back to London for interview to get the visa. It does cut down on some of the wait time for a visa through the embassy though, many months in some cases. I have heard that the number of people going the change of status route is increasing, Texas may put a lid on it if it gets out of hand.
<blockquote id="quote" class="ffs">quote:Originally posted by SDJ
We on the forum can all give you this and that advice, but truly, you need official advice from the horse's mouth so to speak.[/quote]
I would tend to disagree with that statement, The Consulate are not there to give you advice, They can give you information. period.
There are certainly not there to tell you your rights nor are they legally obliged to ... Get advice from a qualified lawyer.
Robert5988
26-02-2006, 17:02
<blockquote id="quote" class="ffs">quote:The Consulate are not there to give you advice[/quote]
I go along with that statement. Although to be fair to Sandra she could have meant 'advice' in a different context i.e. advice obtained from reading the regulations.
Look at the many posts on this and other forums about the Visa Waiver Program. Any request for advice, in writing or on the phone, gets a standard response - "read the regulations and if in any doubt apply for a Visa."
The difficulty with applications for any type of Visa is that they depend upon the discretion of the officials, waiting lists, and above all the current policy of the Immigration authorities. The fact that Mr X got a visa by buying a business is no guarantee that Mr Y will get a Visa even if he buys an identical business.
Even lawyers claims should be treated with caution. Anyone know a lawyer who operates on a 'no win - no fee' basis? or 'no visa - no fee' in this case!
chrizzy100
26-02-2006, 18:44
<blockquote id="quote" class="ffs">quote:Originally posted by derek gibson
we are waiting for a investors visa .e2 i think we are buying a business ,it has just been filed with immigration
[/quote]
I thought when you said jobs....that you were waiting for an H1B....
On an E2 you could have gone halfs with the visa and gone together...
Cruella DeVilla
26-02-2006, 20:56
<blockquote id="quote" class="ffs">quote:Originally posted by Ray9
<blockquote id="quote" class="ffs">quote:Originally posted by SDJ
We on the forum can all give you this and that advice, but truly, you need official advice from the horse's mouth so to speak.[/quote]
I would tend to disagree with that statement, The Consulate are not there to give you advice, They can give you information. period.
There are certainly not there to tell you your rights nor are they legally obliged to ... Get advice from a qualified lawyer.
[/quote]
I dont think SDG is saying what you read into it!
There is a lot of advice on the forum but a lot of it is opinions and maybe not necessary 100% correct all of the time. I think they are just saying check the facts on the website as a start point.
Some of it on this section of the site is opinion but a lot of it is informed opinion, there are few of us who post on this section and at at least four of us are already came through the immigration process and are Florida residents. The embassy website tells you some things but wont tell you things like it would have been possible for Derek and his father to have applied for the E2 in both of their names with his wife and mother as dependants as Chrissy suggests. And if you are buying a business on E2 never ever to refer to it as setting up jobs!
Thank you Robert and CDV - you saw what I was trying to say which was that we on the forum are not experts, just people trying to help someone.
Ray9
There are places to get information i.e. the American Embassey, etc. I just used a wrong word 'advice' instead of the word I should have used 'information'. Thank you for pointing it out and I shall have to be extra careful when wording my posts in future!!!
Sandra
chrizzy100
27-02-2006, 18:50
Ray runs a very informed forum for people moving to FL...if anyone would like a link just DM Ray.. Julie..or me and we will send it to you...there you will met people going through many different kinds of visa's right this minute..so a lot of up to date info...after we have been here a year or two the info we can give could be outdated...
I think Sandra hit the nail on the head about doing homework...a lot of people's lifes are being turned upside down right now...so you really have to know that the E2 is a temp visa...and that if you move here on it...you could have to leave the US as early as 2 years later...
Sorry SJD .it was not meant to be criticism...more an observation ..
more than a few times I have had to produce a copy of the law or rules to the Goverment entities to show them the error of their ways
Favorite of course here is the Social Security Adminstration..
But of course the rules on all these things change so often its not surprising they fail to keep up ...
Most info they all give out is fairly accurate..its just that they tend to omit an awful lot..
With the exception of the USCIS information line here in the US.. who totally struggle to even get the date right .. but then its run by contractors with a script...
For Robert5988
"Even lawyers claims should be treated with caution. Anyone know a lawyer who operates on a 'no win - no fee' basis? or 'no visa - no fee' in this case"
Virtually all slip and fall Lawyer's operate on a no win no fee basis
But your right ..never seen one yet.. no visa , no fee basis
Wouldnt it be lovely, Ray:D Lesley was 50 percent upon approval when we got ours, not sure if she does that now given the circumstances E2-wise currently!
Robert5988
28-02-2006, 06:08
<blockquote id="quote" class="ffs">quote:Virtually all slip and fall Lawyer's operate on a no win no fee basis
But your right ..never seen one yet.. no visa , no fee basis[/quote]
'Ambulance Chasing' lawyers abound in the UK and USA.
My point was there are some lawyers who make extravagant claims about their success in obtaining a US Visa for their clients. If they were that confident, they would take on cases on a 'no win - no fee' basis.