6 months per visit to u.s. or 6 months per year debate

[itsallgreektome 0]

hi everyone,

I had an issue afew weeks ago about my visits to the u.s. while I was waiting for my k-3 visa interview. At my interview the officer didn't mention the number of visits I had to the u.s. while waiting for my visa nor did he mention the length of time I stayed per visit. I never stayed past the 6 months per visit rule so I have to assume that the law is 6 months per visit and not 6 months per year. I hope this will help others who are in Canada and want to spend time with their spouses. Good luck to you all.

[IR5FORMUMSIE 850]

hi everyone,

I had an issue afew weeks ago about my visits to the u.s. while I was waiting for my k-3 visa interview. At my interview the officer didn't mention the number of visits I had to the u.s. while waiting for my visa nor did he mention the length of time I stayed per visit. I never stayed past the 6 months per visit rule so I have to assume that the law is 6 months per visit and not 6 months per year. I hope this will help others who are in Canada and want to spend time with their spouses. Good luck to you all.

That's true but if you keep going to the US they will get suspicious and start hassling you.

[Delicia 1]

You could, in theory then, go from Canada to the U.S., stay 6 months, drive to the border and go to Canada, have lunch, turn around and go back to the U.S. and start another 6 month stay. This just doesn't sound right to me....

[Cassie 8]

I thought it was 6 months per year (and not necessarily calendar). Where is zyggy and neiks when you need them???

too many visits/too much time per visit always raises suspicions.

Edited April 18, 2008 by Cassie

[itsallgreektome 0]

Ya, you guys are probably right about that. I'm glad I made it through. I hope you all you there who is doing alot of back and forth to the u.s. has the luck. I know some people who go to Vegas and play poker for 6 months and then come back for a very short time and then go back to play poker for another 6 months. I know it doesn't sound right. I'm sure it will caught up to them one day.

[Flames9_RN 358]

Another problem one could possibly face spending to much time out of Canada is ur Cdn medical coverage!

[itsallgreektome 0]

Apparently you can stay out of canada for 212 days .... then you have to come back and stay in canada for minimum 6 months in order for your health care coverage to be valid.

[carslo 0]

212 days is approximately 7 months - I understood the maximum length of time without any special visas etc was 6 months minus a day or approximatley 179 days. Does anyone else know about the 212 days?

Thanks,

Carslo

Edited April 19, 2008 by carslo

[Reba 2]

The rules for staying in the US are different than those for staying out of Canada as they are 2 different countries with 2 different purposes for the rules.

Canadian visitors to the US can stay for 6 months. Whether that is 6 months per year, or 6 months per visit is up to the discretion of the CBP officer when you are trying to enter the US. If you go to the US for a 6 month visit, then go back to Canada for a week, and then return to the US for another 6 month visit, the border has the right to deny your entry based on the suposition that you are a "defacto resident" of the US without benefit of proper visa. ie: illegal.

If you stay out of Canada for more than 6 months (I believe it is actually 183 days, depending on the province) you may well lose your provincial health benefits, because the province can determine that you are no longer a Canadian resident, and therefore no longer eligible for Canadian benefits. You can however apply for an extension of benefits, if they determine you have a darn good reason for being outside the country for extended periods of time. Usually for religious missionaries and foreign aid workers who intend to return to Canada, not those who are waiting on immigration proceedings to other countries.

Edited April 19, 2008 by Reba

[carslo 0]

That was my understanding also.

Thanks,

Carslo

[Krikit 1,164]

Excellent post, Reba.

Here's the official word regarding Canadians visiting the US, ItsAllGreekToMe. If you scroll down to the end of the page you will see:

"The burden of proof is always on the applicant. 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."

CBP Link - Canadians Visiting the US

[neiks 19]

Don't get hung up on the 6months. Think of it this way. Where are you spending the majority of your time? If in a year period you are in the US for a continuous 6 months return to Canada for a day, a week, a month, etc and then return to the US for another continuous 6 months - chances are an US CBP officer is going to determine that you are "living' in the US more than "living" in Canada.

[Inky 1,110]

Don't get hung up on the 6months. Think of it this way. Where are you spending the majority of your time? If in a year period you are in the US for a continuous 6 months return to Canada for a day, a week, a month, etc and then return to the US for another continuous 6 months - chances are an US CBP officer is going to determine that you are "living' in the US more than "living" in Canada.

lol this thread is from 2008 and was only resurrected because someone cant use VJ posting apparently.