How long could a Canadian visit in USA without making boarder patrol suspicioius?

[PikePeakRainbow 0]

My bF is in Canada. We want to spend some time together here in Georgia. We called the CBP office twice and they said that if he stayed for 180 days, he would not be allowed to come back into USA for a long time. We are wondering if he could just stay for 10 weeks (just using a passport) here and then return to Canada for about 3 months and then come visit for another 12 weeks or so. What do you all think? Would the border patrol officers get suspicious? We don't want him to be banned! Maybe sometime after his first long visit, we will file for the K-1. Thank you so much.

[YuAndDan 153]

From what I read it is no more than 180 days in a year period. More than that and you risk accumulating an overstay.

There are visas that allow staying longer like K-1.

[Kathryn41 3,205]

My bF is in Canada. We want to spend some time together here in Georgia. We called the CBP office twice and they said that if he stayed for 180 days, he would not be allowed to come back into USA for a long time. We are wondering if he could just stay for 10 weeks (just using a passport) here and then return to Canada for about 3 months and then come visit for another 12 weeks or so. What do you all think? Would the border patrol officers get suspicious? We don't want him to be banned! Maybe sometime after his first long visit, we will file for the K-1. Thank you so much.

Canadians are basically allowed to visit the US for up to a 6 month maximum visit at one time and generally for no more than 6 months a year. Ideally, you are expected to spend as much time outside of the US as you do inside of the US, although some Canadians do spend more than 6 months in a year. Basically, every time your boyfriend crosses the border he has to be able to convince the border authorities that he is a bona fide visitor without immigrant intent. The US border authorities work on the premise that every person seeking entry at the border is an intending immigrant so it is up to your boyfriend to prove to them he will be returning to Canada. He does this by showing 'strong' ties to Canada by having a job, having a mortgage or a lease, having ongoing expenses and property in Canada to which he is required to return, and a return ticket. If they get suspicious that he is actually 'living' in the US for extended periods of time they will deny him entry at the border until he gets the proper visa. The longer time between his trips to the US - and the shorter time his trips to the US last - will send up fewer red flags than staying in the US a long time, returning to Canada for a short visit then returning to the US.

Still, at any time a border official can deny him entry if they think that he is an immigration risk. In that case, you proceed with the appropriate visa and wait it out. The most important thing for him to remember is NEVER to lie to the border officials. If they ask how long he has been visiting or when his last visit was, he must tell them the truth. Lying to border officials will earn a lifetime ban. Being turned back at the border because of immigrant intent won't have permanent repercussions - it just means he won't be allowed to return to the US until he has the appropriate visa.

Edited April 11, 2008 by Kathryn41

[Krikit 1,165]

There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

Canadians may also apply for an additional stay of 6 months.

Link

[PikePeakRainbow 0]

My bF is in Canada. We want to spend some time together here in Georgia. We called the CBP office twice and they said that if he stayed for 180 days, he would not be allowed to come back into USA for a long time. We are wondering if he could just stay for 10 weeks (just using a passport) here and then return to Canada for about 3 months and then come visit for another 12 weeks or so. What do you all think? Would the border patrol officers get suspicious? We don't want him to be banned! Maybe sometime after his first long visit, we will file for the K-1. Thank you so much.

Canadians are basically allowed to visit the US for up to a 6 month maximum visit at one time and generally for no more than 6 months a year. Ideally, you are expected to spend as much time outside of the US as you do inside of the US, although some Canadians do spend more than 6 months in a year. Basically, every time your boyfriend crosses the border he has to be able to convince the border authorities that he is a bona fide visitor without immigrant intent. The US border authorities work on the premise that every person seeking entry at the border is an intending immigrant so it is up to your boyfriend to prove to them he will be returning to Canada. He does this by showing 'strong' ties to Canada by having a job, having a mortgage or a lease, having ongoing expenses and property in Canada to which he is required to return, and a return ticket. If they get suspicious that he is actually 'living' in the US for extended periods of time they will deny him entry at the border until he gets the proper visa. The longer time between his trips to the US - and the shorter time his trips to the US last - will send up fewer red flags than staying in the US a long time, returning to Canada for a short visit then returning to the US.

Still, at any time a border official can deny him entry if they think that he is an immigration risk. In that case, you proceed with the appropriate visa and wait it out. The most important thing for him to remember is NEVER to lie to the border officials. If they ask how long he has been visiting or when his last visit was, he must tell them the truth. Lying to border officials will earn a lifetime ban. Being turned back at the border because of immigrant intent won't have permanent repercussions - it just means he won't be allowed to return to the US until he has the appropriate visa.

Thanks so much. Your explanation is greatly helpful. And your cats are really cute!