Buying U.S. property as a foreign national
One of you has a green card and the other does not? Read this: One spouse has a green card, the other does not: can you buy, and can you borrow?
| Item | Fact (as of September 2026) |
|---|---|
| Residency requirement | None; a passport identifies you |
| Minimum down payment (foreign-national loan) | 30% |
| Cash purchase | Yes; funds must be traceable |
| Need to be in the U.S. | No, fully remote |
| Federal withholding on sale (FIRPTA) | Commonly 15% of the sale price; excess refundable after filing |
| Renting out | Allowed; rental income is reportable in the U.S. |
| Tax ID | SSN or ITIN (IRS Form W-7) |
Can a foreign national buy a house in the United States without a green card or visa?
Yes. A foreign national can buy and sell U.S. property with no green card and no U.S. visa. For a foreign national purchase the minimum down payment is 30%. You do not need U.S. residency, and you do not need to be in the country to complete the transaction. Passport-based identification is used instead.
Can I buy a house in California while living in China, without flying to the U.S.?
Yes. The entire purchase or sale can be completed remotely — you do not need to travel to the United States at any point. Documents are signed remotely, and our team handles viewing, inspection coordination and closing on your behalf. Bilingual updates are provided throughout in English and Mandarin.
Can I open a U.S. bank account without coming to the United States?
Yes. A U.S. bank account can be opened remotely. A dedicated bank representative assists through the process, so you do not need to appear in person at a branch. We coordinate the introduction as part of a cross-border purchase.
Can I get a mortgage without a green card or a U.S. visa?
Yes. Financing is available to borrowers without a green card and without a visa, through our lending partner Treasure Mortgage. ITIN-based borrowers are also supported. Program options include Foreign National, ITIN, Bank-Statement and DSCR investor loans. Pre-qualification is typically returned within 24 hours.
What taxes does a foreign owner pay when selling U.S. property?
Foreign sellers are generally subject to FIRPTA withholding, commonly 15% of the gross sale price, which is withheld at closing and credited against the actual tax owed. A portion is often refundable after filing. We have handled this process: the withholding is sent to the IRS on Form 8288 at closing, and the excess is claimed back on the following year's tax return. Because treatment depends on your specific situation, confirm with a cross-border tax professional before listing.
Can a foreign owner rent out the property?
Yes. Foreign owners commonly hold California property as a rental. Rental income is reportable in the U.S., and withholding rules may apply depending on how the property is held. Our property management team can run the property end to end while you remain overseas, with bilingual reporting.
Do foreign buyers pay extra taxes or face restrictions?
California currently has no extra purchase tax for foreign buyers and no limit on how many homes or where you may buy; the costs at purchase are the same as for a local buyer. The differences sit at either end: foreign-national loans require larger down payments and more documents, and when you sell, FIRPTA withholding applies, with any excess refunded after you file. Rental income must be reported in the U.S., which usually starts with applying for an ITIN.
I am paying cash. Do I have to prove where the money came from?
Yes. Escrow companies and banks apply anti-money-laundering rules to large incoming wires and typically ask for an explanation of the source of funds with supporting documents such as bank statements, records of a property or stock sale, or a gift letter. Wire from an account in your own name where possible; wires from several third parties add explanations. Prepare the paperwork ahead of time and closing will not stall on this step.
What do I pay every year after I own the home?
Property tax (in California roughly one percent or a little more of the purchase price, paid in two instalments), homeowners insurance, monthly HOA dues if there is an association, and utilities. If you rent the home out, you also file a U.S. tax return. Overseas owners can hand all of this to our property management, with a bilingual monthly statement so no bill is missed.
Can a relative or friend in the U.S. hold the property for me?
We advise against it. Holding the title in someone else's name means the home is legally theirs and you have only a private understanding; their debts, divorce, death or a change of heart can cost you the property, and the money trail becomes hard to explain. A foreign national can hold U.S. property in their own name, and everything can be handled through a power of attorney while you are abroad. If you have real reasons to consider a holding structure, that is a question for an attorney and an accountant, not for a nominee.
I bought a home. Can my family come and live in it?
The home is yours and who lives there is your decision, but how long they may stay is decided by their visa; buying property confers no visa or residency. Family members on visitor visas get a period of stay set at each entry, and living here long term requires the appropriate visa. Please take that question to an immigration attorney; we do not give immigration advice. What we can do is manage the home while it is empty and have it ready when your family arrives.
Do I need a green card to buy a home in the US?
No. Neither federal nor California law places any immigration requirement on ownership; in California a foreign national can buy and hold title in their own name with a passport, without a green card or a visa (a few states, such as Florida and Texas, now restrict buyers domiciled in China). Status affects three things: financing (foreign national programs with higher down payments), living in the home (owning does not grant entry or residence; visas are separate), and taxes (rental income must be reported, sales are subject to withholding, and the estate tax exemption for non-residents is very low).
Can buying a home get me a green card or immigration status?
No. Owning property brings no visa or green card. The EB-5 investor visa requires investing in a job-creating business, 800,000 dollars in a targeted employment area or 1,050,000 elsewhere in 2026, and buying a home does not count. Be cautious of anyone selling "immigration through property." What a home does give you is a base for family, a school address for children, and an asset.
Can international students buy a home in the US?
Yes. Students on F-1 and similar visas can hold title in their own name, and parents funding the purchase is common. The hard part is financing: students usually lack US income and credit, so cash is simplest, or the loan goes through a foreign national program or with a parent as borrower. Parents' funds need source documentation and must work within China's 50,000 dollar annual exchange quota per person. After graduation the home can be occupied, rented or sold without status restrictions.
Are there restrictions on Chinese citizens buying property in the US?
In California there is currently no nationality-based restriction on individuals buying residential property, no extra purchase tax, and the transaction works the same as for a local buyer. Some US states restrict foreign purchases of farmland or land near military sites, and Florida and Texas go further, barring most real estate purchases by people domiciled in China who are not US citizens or green card holders (with narrow exceptions); California residential property is not affected. The binding constraint is on the China side: the 50,000 dollar annual exchange quota per person and purpose declarations. Arranging a compliant funds path before you shop matters more than anything else.
How do Chinese buyers pay for a US home? How does the money get here?
The purchase funds must ultimately be wired in dollars from a US account to escrow. Common routes: your own US bank account receiving funds you exchanged (50,000 dollars per person per year), assets already held abroad, or family gifts with a gift letter and source documentation. The US does not cap inbound amounts, but escrow and lenders verify the source of large funds, and banks report cross-border transfers above 10,000 dollars. Avoid informal currency swaps with strangers and splitting funds across many people's names; both carry compliance risk on both sides.
How is US estate tax calculated on a home owned by a foreign national?
This is the item overseas owners most often miss. When a non-US tax resident dies, US real estate is subject to US estate tax with only a 60,000 dollar exemption and rates up to 40 percent, so a 1,500,000 dollar home can owe more than 500,000; lifetime gifts of US real estate get no lifetime exemption either. US residents have a 15,000,000 dollar exemption per person in 2026. Ownership structure should be designed before buying; see: gift tax, estate tax and Prop 19 when passing a home to children.
Getting the money in
Nothing about your status blocks a purchase; what stalls transactions is the money path. Escrow must verify the source of closing funds: the sender must match the buyer on the contract, and funds should arrive from one account in as few transfers as possible, each explainable. Set up the route — a U.S. account, transfer limits, source documentation — before you write an offer.
Personal name or an LLC
For a home your family will use, your own name is simplest and cheapest. Investors with several rentals often use an LLC for liability separation at the cost of formation fees, California's annual franchise tax, separate filings and fewer loan options. Decide before escrow opens; changing title later can trigger reassessment and transfer tax.
Buying property does not confer status
A purchase does not lead to a green card, a visa or any residency, and does not help an immigration case. EB-5 is a separate programme about investing in a business and creating jobs. Anyone who links buying a home to obtaining status is uninformed or dishonest.
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Shirley Tang Team (雪梨汤) · 888 Realty · DRE #01845722
19811 Colima Rd. #230, Walnut, CA 91789 · (626) 202-9573 · shirleytangrealtor@gmail.com
Have something specific to check? Contact us in English or Chinese — even if you end up working with someone else.
General information, not legal, tax or lending advice. Consult a licensed professional about your situation. 'As of' dates mark when facts were checked.