Extension of Stay??

[xtinab 0]

So yesterday I was doing some more research on how I can avoid overstaying and such, and came across this link right here:

http://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

And halfway down it clearly says:

"If you are from Canada, the length of stay for tourism is 6 months. Canadians may file for an extension of stay with the U.S. Citizenship and Immigration Services."

So I went onto the USCIS and found another page where it says the same thing, and the "apply here" link takes you to the immigration forms. The most amount of info I got on it says to fill out an I-539, so when I looked at that application, it was only the instructions on how to apply for it. It also says that you have to fill it out before your I-94 expires. I didn't get an I-94 as the site even says, most Canadians don't receive one.

So here's what I'm curious about. Will it help my frequency of visits to ask for an I-94 to fill out, then apply for an extension of stay? Does anybody know about the conditions for applying for overstays? Or any experience at all about it? I really don't want to overstay, but really, when I'm back in TO, I just want to be back here. Personally, I'm ready to take the risk and start filing, but I've always been the risk taker, and BB the smart, and thoughtful one. He wants to be absolutely sure its right for us, as we haven't been romantically involved for even a year yet. I totally understand this, but at the same time, I hate being in limbo in regards to overstaying. I don't enjoy having no independence and not being able to help out more with the financials.

I've looked around a bit but nothing really that tells me what I want to know about it. Any info would rock

[DeadPoolX 9]

Well, sure you can file for an extension. But just remember that this is government we're talking about here. So you'll need to do this ahead of time to accommodate the lack of urgency and disinterest the government may have in this issue. It'll get done, but don't expect it to be speedy process.

[xtinab 0]

Well at this point I cant fill anything out because I don't have an I-94. According to what I have read, I need to have one of those filled out first. I'm debating whether I should ask for one or not, if it even is something you ask for, or if it's something they have to decide you get. (They being border patrol)

[Chica Yeyé 41]

Well at this point I cant fill anything out because I don't have an I-94. According to what I have read, I need to have one of those filled out first. I'm debating whether I should ask for one or not, if it even is something you ask for, or if it's something they have to decide you get. (They being border patrol)

Did you get your passport stamped?

If you don't ask for the extension you could be in trouble later in your process

[xtinab 0]

No, Ive never gotten a stamp...1 time I didn't even have my passport, I had my drivers license (which was expired even) and a birth certificate and got in just fine.

[Chica Yeyé 41]

Is there a phone number you could call? Maybe that's the next indicated step.

[thetreble 19]

To be honest with you, not many of us here probably have experiences with filing for extensions. Most Canadians, it seems, don't have the need for it.

[xtinab 0]

I just found the form and I showed it to BB, he said he doesn't think that's for me as I really don't have a reason except that I don't want to leave him, heh...besides its the same amount as if we were to file a K1/K3 so who knows....it was just something that came up and I wanted to know more info about as an option.

[Tankgurl38 0]

You also need to check on if you have Provincial Health Care coverage. If you are out of Canada for over 6 months you are no longer covered, you need to come back.

[SapphireDreams 71]

I'd like to offer my unsoliticited advice if I may... we went through a similar situation where we just weren't ready to file for a K1(well i was, but he wasn't). Long distance relatioinships can work, but you need to keep yourself busy in Toronto while you are dating and waiting for the right time. That has been my saving grace. Once it does come time to file, that's still going to be a long wait, and you need to spend an equal amount of time in Toronto while it's happening. Enjoy your time in Toronto as much as you do when you are in Columbus and ensure that you are independent and financially sound in Toronto before making the big move. Not only will time go by faster, you'll be so prepared and ready. Your time will come and it will be amazing.

I actually wanted to file last November, but we ended up waiting until June. I seriously would've gone mad if I didn't have my career, family and friends here to keep my busy. I don't plan my life around visits, but just integrate visits into my life, that doesn't mean that he isn't everything to me, he is... and we talk every single day etc. But I've just really had to find a balance and not go crazy.

I also don't think they will give you an I-94, even if you asked for it. I've had my passport stamped a few times though and that has a date and expiry on it. You could always ask for a stamp.

Good Luck

[zyggy 9]

The odds of you getting approved for an extension because you just want to stay are about slim to none. There needs to be extenuating circumstances on the need to stay longer than is permitted.

[Chica Yeyé 41]

The odds of you getting approved for an extension because you just want to stay are about slim to none. There needs to be extenuating circumstances on the need to stay longer than is permitted.

Listen to zyggy, he is the man on this topic.

[jedinite 0]

The odds of you getting approved for an extension because you just want to stay are about slim to none. There needs to be extenuating circumstances on the need to stay longer than is permitted.

Listen to zyggy, he is the man on this topic.

I third this motion.

I don't know what you do for a living but it sounds to me like you don't work or go to school. If this is the case it will be very difficult for you to remain in the US legally without filing for a K-1 visa at least. This is a relatively long process if you leave the US and then file for it, by long I mean 6-8months which feels like forever when you're in a relationship and you really want to be with the one you love.

If the POE knows that you intend on entering the US with any intent to immigrate to the US they will deny you entry unless you have already filed for a K-1 or similar visa.

If you are a working professional, you have more options for staying in the US and being productive. You can find a job that fits the criteria for a TN Visa and you can get a 3 year temporary work visa to work. That should be plenty of time for you and your SO to figure things out and if he decides he wants to propose and get married to you then you can file for an adjustment of status while you're in the US working with a TN Visa.

And regarding the I-94, I would say, don't ask don't tell. Without an I-94 they can't really track how long you've been in the US unless they can only tell how many times you've entered the country. However, if you get an I-94 placed into your passport you're not necessarily flagged but you're at least a blip on their radar. Also, if you enter the US and stay more than 6 months and you are caught doing so you will be black listed and can be barred from entry for 3 or more years. I can't remember what the numbers are but I over stayed my TN Visa for 3 months which in itself wasn't illegal, but not something the POE likes to hear when you're trying to reenter the country. The POE officer told me had I stayed over 6 months past my visa expiry I would have automatically been barred for 3 years. If you are caught for more serious offenses you can be barred for 11years. The only way to remove a bar from yourself is to get a congressman or someone significantly high up in the US political system to pardon you.

So now you know the rewards and risks it's really up to you to decide what to do.

If I were you, I would only tell the POE Officer that you are visiting if questioned. If they ask who, you can be truthful and tell them your SO. They may ask you how long your stay is, make sure to give them an end date. At this point they may give you a I-94 based on the answer you give them. Therefore, if you say that you are going to stay for 3 months then they will give you 3 months on the I-94. If they are being particularly nice they may just give you a I-94 for 6 months. Whatever you do, don't overstay 6 months with an I-94 or you risk being barred.

Good luck.

[xtinab 0]

Thanks everybody for their input. To clarify a few things, I do work in Toronto. I work in hospitality and have shifted to catering. Right now, the job is completely flexible. They send out an email with available shifts and you sign up for the ones you can or want to work. First come first serve basis. So when Im there, I can work as much as I want, and they dont care if you arent there. And during peak seasons the financial opportunity is awesome. I have my degree in f&B management, but under the TN, I dont qualify. In the hospitality field, they only offer Hotel Managers TN Visas. I already checked it out

Up until this point we've always done exactly what you suggested, say Im visiting my SO and staying for so long, and this is how I'm getting back and its been smooth sailing. With the exception of the last time....I could be paranoid but it seems like he was asking more questions. And he seemed to be entering my info. Im just worried that they flagged me! Ive heard horror stories about that and the last thing I want is to be banned. That would totally suck!!

Thanks also for the info on the I94. Its what I assumed, but I just wanted to be sure

[thetreble 19]

Without an I-94 they can't really track how long you've been in the US unless they can only tell how many times you've entered the country. However, if you get an I-94 placed into your passport you're not necessarily flagged but you're at least a blip on their radar.

I'm not trying to be offensive, but can you stop giving people this advice? It just is not true. Unless you have facts to back this, I believe it's unethical to tell people "yeah go to the US and stay as long as you want..as long as you don't come back out and go back in a few times, they won't know..."

Overstay is overstay...period. Whether you get caught or not, well, who knows...but telling people they won't get caught is going to get someone really upset when they think it is okay and they are the ones that get caught!