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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 111947
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Can I purchase outright a retirement home in Florida USA as

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Can I purchase outright a retirement home in Florida USA as a permanent residence. At present I live in the Uk. and have sufficient funds for my retirement ?? What visa will I require and can I travel in and out of the states on a not to regular basis?? Many thanks for an early response.

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Unfortunately, there is no retirement visa available nor is there a visa that allows you to just invest in buying a retirement home to let you just live in the U.S. How long do you plan to stay in the U.S. out of every 12 months? Do you have money to invest in an active business? How much?

Did you have an issue responding? Sometimes a response does not go through. I am looking for an alternative for you but I need for you to respond please so I can help you and I do want to help you. How long do you plan to stay in the U.S. out of every 12 months? Do you have money to invest in an active business? How much?
Customer: replied 3 years ago.

Guillermo. Good afternoon. Many thanks for your response to my questions. If I get a visa for America and purchase a property when I am over there for cash, can you please answer my following questions ;;
1. How long would the initial visa be for.2. What would be the shortest time that I would have to be out of the country before I could return for a further stay.3. What would be my tax situation regarding the property and my stays.
4. If I had to sell the property at some future date what would be the tax situation on the sale receipts.5. I do not wish to purchase any business An urgent reply would be appreciated.

Well, there is no visa specifically to buy property. So the only one that really fits is the B-2 tourist visa. That would allow you to stay in the U.S. for up to 6 months and you can extend it for up to 6 more months for a total of 1 year without having to leave the U.S. As far as how long you would have to leave before coming back, the law only says that in order to “reset” the time given on a B-2 visa, you can go anywhere in the U.S. for one day and come back except Mexico, Canada or any of the adjacent islands to the U.S. If you go to one of those, you would have to go for 30 days or more to “reset” the time. The problem with doing that is that you may get away with it one, or twice, but at some point you need to start spending more time outside of the U.S. than inside of the U.S. That would be the general rule. So if you spend 6 months, you should probably stay out 7 months or more. If you stay 1 year in the U.S., you may want to stay out of the U.S. for 14 months or more. It’s not a specific rule, but a general idea because you cannot give the impression that you are living in the U.S. and just leaving to reset your time. I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.,0528-schwartz.shtm

As to tax consequences, I am not an accountant and cannot really tell you much about that, but if you are spending more than 183 days in the U.S. out of any year, you would be subject to U.S. taxes. Here is a link:

There may be a tax treaty between the U.S. and the UK to prevent double taxation but you would need to speak to an accountant about that.

As far as selling the property, the tax consequences would most likely be high due to capital gains unless you purchase another property within a certain amount of time after the sale. Again, you would need to speak to an accountant to know more.

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Customer: replied 3 years ago.

Hello Guillermo. Many thanks for your very detailed response to my many questions. Your advice was very helpful to me in coming to a decision re the purchase of a property and residence I the USA. It appears that without a green card to chance of going in and out of the States on a regular intervals would prove unwise and difficult

Your sound advice helped me to come to my final decision for

which I am most grateful.

With very best regards.


You are very welcome, John. Please do not forget to rate me positively so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
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