Staying in the USA after retirement

My question is: Applicable to both US and Canada

QUESTION: I am a Canadian temporarily living and working (legally) in the US
and I am considering buying property now. Is it legal to own property and
live in the USA if retired and therefore not working here? Are there
restrictions on how many days a year one can stay, for example?


david ingram replies:

Nothing stops you from buying property. However, unless you obtain a
resident alien (green) card, it will be illegal for you to live there upon
retirement if you no longer have a working visa.

For the most part, you are allowed to stay in the US up to six months on any
entry. However, it is specific. If you say you are going shopping for the
day, that is NOT a six month visa, it is a one day or two day visa. If you
say you are going for two weeks, that is a two week status and staying for a
year can have you banned from the US.

Also, to be a visitor to the US, you must have a full blown home in Canada.
That means an empty bed waiting for your head to go beddy byes if you were
turned back at the border for instance. You should be able to show a USCIS
officer a copy of your ownership or rental papers, a copy of your phone
bills, a copy of your hydro or heating bills and other identification
showing a ready to sleep in home in Canada. That means that an empty $300 a
month rental in Moose Jaw would qualify you to enter the US, but a
$1,000,000 Vancouver house you owned would not qualify you if you had rented
it out to someone else for six months while you were travelling.

In addition, once you have been in the US for an average of 123 days a year
for three years in a row, you have to file an annual US income tax return
even if you are in Canada for the other 7 months a year. Goto
and read the April 1994 newsletter in the top left box for more information.

David Ingram's US/Canada Services


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