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We are considering buying a villa in Florida with a view to using it between November and March in retirement and returning to the U.K. for the rest of the year. So really a 5 month vacation every year. We would intend to rent out the property in the summer months.

Can we do this on a B2 visa, and is there anything else that stopping us doing this?

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  • @ThE iLIEgAl aLiEn Would the risk of denial of entry be less / unlikely if the OP’s intended stay was shorter eg say 3-4 months annually rather than 4-5? – Traveller Feb 28 at 14:47
  • really I think the risk is the same. it's a pure, absolute judgement call by the officer on the day. – Fattie Feb 28 at 14:54
  • The essential answer to this question is simply "No, you can't do this." (Or "of course you can't do this.") Sure, the US has 100 trillion illegal immigrants (in particular the idea of being an "illegal immigrant" in Florida is just funny), but the simple fact is you'd be a resident and you need a resident visa (of some type) for that. – Fattie Feb 28 at 14:56
  • On addition of the other comments, you may get the visa/green card as investor. Now I do not remember the minimum requirement, but it is possible that you are on the right amount, by investing in real estate (and you are also renting them). But this is much more complex, and off topic of this site (and I don't know much more) – Giacomo Catenazzi Feb 28 at 15:30
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    @GiacomoCatenazzi investor visas require investing $1,000,000 or $500,000 (depending on the location) in a business that creates at least ten jobs. Buying a single expensive residence is not likely to qualify unless the staff is large and the enterprise structured somewhat, ah, creatively. – phoog Feb 28 at 16:10
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You actually can do that. There is nothing against it in the immigration rules.

Unfortunately after a few years doing that immigration might turn you away. Your options are a B2 Visa, E2 Visa, and EB5 Visa with B2 the least desirable albeit the cheapest. All the others may also have some issues because you only plan on spending 5 months a year here.

Overview B2 Visa, E2 Visa, and EB5 Visa for Retirees

I think 3 months a year does change the equation. Retirees spending a quarter of a year in a sunny location isn’t strange, would not be considered making the USA your home.

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    "after a few years doing that immigration might turn you away": they might, but I don't think it likely. There are thousands of Canadians who do this. I know an Irish citizen who does it (a former green card holder who bought the apartment while she had the green card, so slightly different). Many of the Canadians scrupulously count days to avoid the 183-day threshold at which they become tax residents. They wouldn't be doing that unless they were spending half their time in the US; there's no point in wasting the time and stress if you're reliably in the country for only 5 months a year. – phoog Feb 28 at 15:22
  • @phoog I can beat my last dollar if the person in question is not white, at some point they will be turned away. – Paul of Osawatomie Feb 28 at 15:33
  • I suppose you are right. It seems that even native-born US citizens can have more trouble entering the US because of their race. – phoog Feb 28 at 16:12
  • "There are thousands of Canadians who do this" I mean, ok, the US has about 88 trillion illegal immigrants. – Fattie Feb 28 at 17:26
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    @Fattie but the Canadians who do this do it openly and legally. They are not illegal immigrants. – phoog Feb 28 at 17:37

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