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Thread: burglary over 20 years ago

  1. #1
    Florida Newbie
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    burglary over 20 years ago

    Hi guys, we would love to move to Florida, I have an Aunt that moved out there 15 years ago and miss her terribly, she was like my mum! but just realised there may be a problem, my partner burgled his school with his friends when he was 15, he is 41 now, will this stop us from moving over there?

    He never went to prison, but he got a fine, and had to deal with a social worker because of his age, and got told off, I am so worried we won't be able to move there now, I have been trying to find information online but am obviously not looking hard enough!

    There has been nothing since, he was just a silly boy and learned from his mistakes but don't think that would make any difference, do you think I should just forget about moving over there?

    Mind you even if it wasn't for that we probably wouldn't get accepted, we are not professionals, but been told by my cousin there is plenty of work I can do, and we can stay with her until we get our job set up and rent a property.

    Any help you can give me would be fantastic!
    Many Thanks


  2. #2
    Super Moderator florida4sun's Avatar
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    The only you will get a definitive answer is through the USA Embassy. The only thing I would say is you cannot get a visa to simply go over there and work. You need a specialist skill (quality musician, rocket science, brain surgery type of thing). I don't believe aunts can sponsor you either but check with the embassy.

    Quote Originally Posted by grollyzbird View Post
    Hi guys, we would love to move to Florida, I have an Aunt that moved out there 15 years ago and miss her terribly, she was like my mum! but just realised there may be a problem, my partner burgled his school with his friends when he was 15, he is 41 now, will this stop us from moving over there?

    He never went to prison, but he got a fine, and had to deal with a social worker because of his age, and got told off, I am so worried we won't be able to move there now, I have been trying to find information online but am obviously not looking hard enough!

    There has been nothing since, he was just a silly boy and learned from his mistakes but don't think that would make any difference, do you think I should just forget about moving over there?

    Mind you even if it wasn't for that we probably wouldn't get accepted, we are not professionals, but been told by my cousin there is plenty of work I can do, and we can stay with her until we get our job set up and rent a property.

    Any help you can give me would be fantastic!
    Many Thanks


  3. #3
    Gold 5 Star Member SDJ's Avatar
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    It is not easy to make a move to Florida and you will need a lot of money for Immigration Attorney Fees $$$$$. Be prepared for a 2/3/4 year wait dependant on what you intend to do as unless you are a specialist as Martin says, you would need to set up and purchase your own business and be able to prove it would make enough money to pay American staff. I doubt very much that you will be able to move over and 'get our job'!!!! Good luck.


  4. #4
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    Ok thank you for the information, I think I will leave it lol


  5. #5
    Florida Expert Gerry Reed's Avatar
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    We too would love to live and work in Florida, but even when you own a home in Florida you can only spend a max of 6 months - broken into two periods of 3 months, a year in the US and we are not aloud to work while we are there !
    As Sandra says even if you manage to get the correct visa is cost thousands of $ to renew every few years.

    Sue
    Gerry and Sue




  6. #6
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    Quote Originally Posted by Gerry Reed View Post
    We too would love to live and work in Florida, but even when you own a home in Florida you can only spend a max of 6 months - broken into two periods of 3 months, a year in the US and we are not aloud to work while we are there !
    As Sandra says even if you manage to get the correct visa is cost thousands of $ to renew every few years.

    Sue
    Sue if you get a B2 Visa you can spend 6 months in one go there>
    Babblin Boo


  7. #7
    Super Moderator florida4sun's Avatar
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    As mentioned above a B2 gives you 6 months at a time and you can simply leave for a day and the go back. I know folks who do this regularly. There is no restriction on how many times you do it. Its not a work visa and you are down to the judgement of immigration. Ideal if you are retired and can show funds to support yourself.
    Visa timings often get confused with the 180 day rule for tax.

    Quote Originally Posted by Gerry Reed View Post
    We too would love to live and work in Florida, but even when you own a home in Florida you can only spend a max of 6 months - broken into two periods of 3 months, a year in the US and we are not aloud to work while we are there !
    As Sandra says even if you manage to get the correct visa is cost thousands of $ to renew every few years.

    Sue


  8. #8
    Gold 5 Star Member SDJ's Avatar
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    Martin, I have been hauled in for secondary questioning with B2 Visa. They asked me when I intended to return to Florida after my visit. They then told me I could not return in that year due to the tax implications as I would be classified as a resident.

    I would have spent 179 days in the US that ear and was warned not to come back for another 180 days at least. I asked them when did the year begin? Was it from the month of my B2 being issued (October) or was it from January each year. They could not answer me!!! They then said "oh, let's call it January and go from there". Unbelieveable and I know of several others who have had similar experiences and several others who do just as you suggest and never get stopped. It's the luck of the draw and I certainly would not be willing to risk it!!!


  9. #9
    Super Moderator florida4sun's Avatar
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    Right I will try and explain. The rule is called 'Substantial Presence Test' if you fall foul they will class you as an american citizen for tax purposes.

    As I understand it 183 days total in the current year and the 2 years preceding will take you over the edge. However they do not cout all days:

    Current year - all days count
    Previous year - 1/3 of the days you were present
    Previous year to that - 1/6 of the days you were present.

    60 days year 1
    60 days year 2
    60 days year 3

    Would be a total of 90 days. So it is quite flexible. I cannot find the IRS link but IRS is explained in detail.
    I have had various run ins with immigration and they rarely know the facts (or make it appear that way). They make it appear as if they are the law and what they say goes. Truth is they are above the law. If you get pulled over be nice and have your facts ready. They are intimidating for a reason, it brings out nervous responses and is deliberate.


  10. #10
    Florida Expert autumnc's Avatar
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    Yes, Martin is right, it's not an immigration ruling, it's tax laws. I spent 5 months in Florida earlier this year, then left for a cruise and upon my return to the USA my passport was stamped with an exit date of 6 months later, even though I had just spent 5 months there.

    I file the 8840 form each year to prove I have a substantial presence in my home country rather than the USA. However, the most I've ever done in single year is 185 days, I've never pushed it any further than that.

    The year goes from January 1st to December 31st for the substantial presence test. If you can't prove your ties to another country suitably, your worldwide income may come under USA taxation.

    Sandra, they must think you look like a right dodgy character, they haul you in too often! You must look too nice or something
    Sarah


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