Starting from the beginning

[Writers Block]

Hi, we live permanently now in France and still yearn to spend most of our time in US where we have family members (Sister, Aunts & cousins).
i've look on the US Embassy site for info about how long a gap to leave between visiting and know that I could stay for up to 90 days... but when would I be able to return?
Ideally it would be great to have a home in US and spend summer time in France - I wonder if this would be possible?
We have teenage children - 1 will be looking for University in US and the other currently at Univeristy in UK.
I've heard that we could become snow birds (my partner is retired) - would we need a visa?
So many questions I know but would appreciate any replies.

[Bevdeforges]

Hi and welcome to the forum.

You say you are permanent residents in France, but what is your nationality? That's probably the most crucial element in all this visa stuff.

Technically, coming and going on the visa waivers, you are supposed to leave the country for as long as you were there before using the visa waiver again. (Not sure where I heard that - it may just be a "rule of thumb" as the immigration people at the port of entry have pretty broad discretion in this area.) If you stay for the full 90 days, you probably shouldn't try coming back for another 90 days, just to play it safe.

If you're living in France, the kids only get two months of summer vacation, so there would be no problem spending the whole summer on visa waivers. For university in the US, your child will definitely need a visa, though usually the schools will help with that once your child has been accepted to study there.

I suspect most snow birds are over on B2 visas (tourist visas that allow multiple entries over a period of time). That would allow you to stay for up to 6 months at a time. Each time you enter the US you'll be under pressure to "prove" that you have strong enough ties back "home" (France, I assume) to assure that you'll leave when your time is up.
Cheers,
Bev

[Writers Block]

Hi and thanks for quick reply. We are British and hold British passports although live permanently in France... on the snow bird visa would we have to leave for the same length of time as staying in US and how many times a year could we visit our 'home' in Florida?
Would we be better renting a house in US or buying one? We will still keep a permanent home here of course.

[Bevdeforges]

The "snow bird" visa is just a regular tourist visa for those visa waiver eligible folks who intend on staying more than 90 days at a time. There is no hard and fast rule about how often or how long you can stay. In fact, the immigration officer you meet on arrival can admit you for whatever period of time he or she thinks is "reasonable." (That discretion thing again.)

I've heard of cases where a "tourist" was denied entry because he was doing six months in the US and six months back in Europe. The second trip over, the agent objected to the fact that he would be spending the "majority" of his time over an 18 month period in the US. There may have been other circumstances not reported here, but the point is that maintaining a regular presence in the US can be a bit of a risk. I'd probably recommend renting at first until you see how things work with the visa.
Cheers,
Bev

[Fatbrit]

Originally Posted by Writers Block

Hi, we live permanently now in France and still yearn to spend most of our time in US where we have family members (Sister, Aunts & cousins).
i've look on the US Embassy site for info about how long a gap to leave between visiting and know that I could stay for up to 90 days... but when would I be able to return?
Ideally it would be great to have a home in US and spend summer time in France - I wonder if this would be possible?
We have teenage children - 1 will be looking for University in US and the other currently at Univeristy in UK.
I've heard that we could become snow birds (my partner is retired) - would we need a visa?
So many questions I know but would appreciate any replies.

If your sister is a US citizen, she could sponsor you for a green card. Downside is that it'll be around a dozen years before it comes through.

There are not rules based on time out after time in for either the VWP or the B2. However, you will quickly raise red flags if you back-to-back maximum stays with a short trip out. The general rule is to spend at least as much time out as you do in.

Applying for a B2 as a "snowbird" is okay. As a retiree, you're more likely to get it. However, no visa application should be taken lightly since a denial will mean almost certain trips to secondary processing with added grilling on every trip here.

No great solution to your dilemma, I'm afraid. Look at EB5 or E2 or even other visas for more possible solutions.