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  • Some General Advice Please

    Hi,

    I'm so glad this forum exists and seems to be active. I've had a lot of misinformation and raised/dashed hopes from places that look a lot less established and professional.

    Our situation is this. We are a professional couple in our mid-thirties and we would, in an ideal world, like to retire permanently to Arizona as soon as possible. We have some money (around £350k) to fund a move and we have assets (businesses and companies) with equity of around £300k which will produce an ongoing passive income of around £3000 per month. We are in no desperate rush but it would appear that there is no visa that fits our retirement plan.

    We would be willing to work if that assisted in our dream to come Stateside. I'm an HR Director and my girlfriend is a Secondary Biology and Chemistry teacher (both degree qualified with 11 years experience) but would prefer not to. Getting a job in the area we want (around Phoenix) is tricky enough whilst we're in Scotland and getting a job with an American Company in the UK who could and would move us to a specific part of the US in time seems like a million to one shot.

    Owing to the level of difficulty getting anything like permanent residence, we're pretty resigned to a middle ground whereby we buy a property in Arizona and then look to spend 6 months (March to October) in the US and six months back home in Scotland (our understanding being that the general rule of thumb existing that you should spend as much time out of the country as in on a tourist visa). At some point, we would perhaps like to do the extended tourist visa of one year to do a bit more exploring (possibly before we buy a house). Is the expectation then that we would be expected to spend the following twelve months outside the U.S.? We have heard stories that the six month visa, after a few years, can be extended to 9 months but that's not something I have seen anywhere else so we may have been led down the garden path on that one.

    I'm more than happy to look at businesses (either starting or funding) in America but the investment visa seems to want a minimum of $1m which we don't have anything close to - the notion being that the money we do have would almost all go on a property and moving expenses,

    As it stands, we've visited America in 10 of the last 12 years and, since their introduction, used the ESTA visa waiver without incident. I imagine it has been pretty comprehensively covered off but I'll ask anyway - with the 2-year visa waiver programme, is it possible to effectively hop in and out of America as you pleased that period as long as none of the stays in the US are more than 90 days? It seems an obvious workaround but I imagine owning a property and taking a quarterly jaunt to Mexico for a couple of days isn't at all on!?

    We are, perhaps stupidly, already looking at properties and falling further in love with the idea but we're at a very early stage. Our desired timescale is somewhere in the next 3-5 years.

    Any help, advice, guidance or signposting massively appreciated.

    Cheers,

    Billy

  • #2
    You have a lot of options. The bad news is that no matter what route you take you're looking at 6-12 months before you have any kind of visa.

    Here are a few options I can think of:
    - You can create an LLC in the US, affiliated with your business in Scotland. If you do contract work then it's easy. You need to show the US business makes money, up to you how you do it. Hire American contractors and pay them to do some work for you and so on. After about a year (because you need to build history), you'll be able to do the L1 visa. That's probably the best visa you can get in your current situation.
    - If you create a business above you can also try to sponsor yourself for an H1b but you'll have to prove the business has the funds to pay you a full-time salary. You might also need full-time US workers, not sure about this one.
    - Another way would be for you to create a legitimate new business or invest into an existing business. If you put in around $50k that should be enough, the more the better though. If you build enough history, show you're paying US workers, prove your money is committed or already spent (not liquid), have a solid business plan, you'll be able to apply for the E2 visa. This visa is used by entrepreneurs quite often since it doesn't require a huge investment.

    What you want though is the green card and your own business can never sponsor you for one unless you have a million bucks in. What people in your situation do is that they create the business and stay in the US and manage it, and eventually get hired at another company and have that company sponsor the green card. If you trust someone, you can also have a US citizen take ownership of your US-based company and have it sponsor you for the green card.

    No matter what you do, find an immigration lawyer and talk to them. Compare lawyers and pick one that specializes in business and investor visas. They'll explain to you your options (that I outlined above) and tell you which route might be best suited to you given your specific situation.

    - - - Updated - - -

    If you create an LLC, you can do it from Scotland. You can also obtain an accountant and a bank account for that business from Scotland. Everything needs to be setup proper and clean and it may cost some money to do it. If you pay a lawyer to file the LLC, that will run you around $1000. An accountant can cost you $1000-$2000 per year regardless of how much income the LLC has, though that fee is tax-deductible. For these visas, you will need a physical office in the US. A single person office probably can cost you a few hundred bucks per month in Arizona.

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