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I'm thinking of spending my winters in Miami.

I have a 10 year B1/B2.

According to https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test, as long as I don't work in the US, I won't become a US tax resident if I don't spend more than 4 months a year.

So it looks good to me.

Anything I'm missing?

user125906
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1 Answers1

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This question must be a duplicate although I can’t find an exact duplicate.

Yes you can. Note however that the maximum legal amount of time you spend on a visit will be determined by the immigration agent at the port of entry, usually the standard 6 months (will be on your I94 records) or can be less depending on their evaluation, or mood or your luck etc.

Multiple four months once a year is a reasonable amount of time particularly if you’re retired. If you’re of working age multiple visits may trigger suspicion that you’re working here (working is prohibited, even remote working for an organization in your country or other country).

Augustine of Hippo
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    maximum legal amount of time you spend on a visit will be determined by the immigration agent at the port of entry where can I see that? – user125906 Jan 02 '22 at 13:09
  • trigger suspicion that you’re working here I suppose they'd ask me questions before rejecting entry right? – user125906 Jan 02 '22 at 13:10
  • Literally millions of retirement age Canadians visit the US for months without triggering any suspicion that they are working. There is even a name for it - Snowbirds. Google the term and you may find some helpful hints. – DJClayworth Jan 02 '22 at 21:13
  • @DJClayworth I don’t think you read what I wrote. Multiple four months once a year is a reasonable amount of time particularly if you’re retired and yes I do know about snowbirds. – Augustine of Hippo Jan 02 '22 at 23:09
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    @AugustineofHippo That wasn't me disagreeing. It was a response to user125906. – DJClayworth Jan 02 '22 at 23:11
  • @user125906, B-2 entries (unlike B-1 entries, which can be limited to time requested at the primary officer's discretion) are almost always for 6 months since the regulations, at 8 CFR 214.2(b)(2), require them to do extra work if they want to limit a B-2 entry to less than that. That said, if you try to take some advantage of this, say by telling them you are staying 2 weeks when you mean 4 months, you may give them "good cause" to limit a subsequent entry so don't do that. – user38879 Jan 04 '22 at 21:20
  • telling them you are staying 2 weeks when you mean 4 months -- By them do you refer to immigration agent at the port of entry? – user125921 Jan 05 '22 at 00:26