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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi, I went to the USA Feb.20/2008 and returned to canada August 17/2008.. I've heard that the general rule is you stay in your country for the amount of time you were in the US for.. so for me that would be 6 months.. I was just wondering if i booked a flight to go to the USA for the beginning of January if I would be able to get through customs? Also, you can get flight insurance and I was wondering, if I was turned away at customs, if the flight insurance would cover my flight?

Thank-you,

Lisa

Filed: K-1 Visa Country: Australia
Timeline
Posted
Hi, I went to the USA Feb.20/2008 and returned to canada August 17/2008.. I've heard that the general rule is you stay in your country for the amount of time you were in the US for.. so for me that would be 6 months.. I was just wondering if i booked a flight to go to the USA for the beginning of January if I would be able to get through customs? Also, you can get flight insurance and I was wondering, if I was turned away at customs, if the flight insurance would cover my flight?

Thank-you,

Lisa

Where did you get that information from? Ive stayed in the US for 7 months at one time, came back home then three months later I went over again for another 3 months...Ive never heard of that rule...unless of course, i just got lucky... :huh:

As for insurance...purchase travel insurance, depending on the policy wording most will pay out for unexpected interruption of travel...but as mentioned, you will have to shop around for the best policy and be aware of any excesses applicable to any claims.

ROC Journey:-

05.11.2012 -- mail I-751 packet

05.14.2012 -- Packet arrived @ VSC

xx.xx.2012 -- Check Cashed

05.15.2012 -- NOA1 dated 05.15.2012

05.31.2012 -- Biometric notice date

06.27.2012 -- Biometrics Taken

01.23.2013 -- Card Production Ordered.

01.28.2013 -- 10 Year Green Card Received

Filed: K-1 Visa Country: Canada
Timeline
Posted
Hi, I went to the USA Feb.20/2008 and returned to canada August 17/2008.. I've heard that the general rule is you stay in your country for the amount of time you were in the US for.. so for me that would be 6 months.. I was just wondering if i booked a flight to go to the USA for the beginning of January if I would be able to get through customs? Also, you can get flight insurance and I was wondering, if I was turned away at customs, if the flight insurance would cover my flight?

Thank-you,

Lisa

Where did you get that information from? Ive stayed in the US for 7 months at one time, came back home then three months later I went over again for another 3 months...Ive never heard of that rule...unless of course, i just got lucky... :huh:

As for insurance...purchase travel insurance, depending on the policy wording most will pay out for unexpected interruption of travel...but as mentioned, you will have to shop around for the best policy and be aware of any excesses applicable to any claims.

When you went back for another 3 months did you tell them you planned on staying for 3 months? And what did you have to prove you'd be coming back to Canada?

9/13/2008 Mailed I-129F

9/15/2008 I-129F was signed for

9/16/2008 Check was cashed

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Typically if you visit the States it's ok, if you have filed for K1 Visa they will see that on your records when they scan your passport, be prepared to show them sufficient proof that you are going to be returning to Canada if your K1 application hasn't been approved yet. They may ask you how long you intend to stay and where you are staying.

Most travel insurance will not cover if you are unable to enter a country because of a visa issue, they will cover for travel interruptions that are not your fault. Also, since you check into your flight prior to going through customs the airlines will likely not refund you any money or give you a voucher. I had this problem when I got turned away when I tried to get a TN-1 Visa after I was married and before I actually applied for my I-130.

If you are questioned and given a I-90 (entry card in your passport) make sure you return it to the airline when you check into your returning flight to prove that you did in fact return to Canada on or before the allotted time. Going over the 6 month allowed time period carries severe consequences, and could cause you to be banned from entry for 3-5 years. Not something you want to have happen when you are applying for your K1 as it will most likely be revoked and you will be barred from entry.

Now that you know the worst case scenario, don't worry too much as long as you are prepared. Definitely, bring proper documentation to prove that you still have ties to Canada. Such as a home, or apartment lease agreement, banking information, loans, credit, car insurance, a job/work letter, and anything else that a normal Canadian resident would have. If you cannot prove that you're returning they will deny you entry and you will be out the money for your flight down there. Good luck

History

12/2000 Met Online

02/14/2001 Started dating

04/20/2001 Met in person

03/2002 Moved in together in the US

2002 - 2007 working in US on TN-1 Visa

05/2005 Registered as Common-law

06/2005 Proposed and Engaged

08/30/2007 - Married

I-130 (156 Days)

02/20/2008 I-130 Filed

03/10/2008 NOA1 - CSC confirmation sent

03/12/2008 date on online tracking - Touched

08/11/2008 - NOA2 - I-130 APPROVED!!! USCIS page updated. (156 Days)

NVC

08/14/2008 - NVC received my application and has assigned me a case number. Waiting for Beneficiary letter.

08/15/2008 - e-mailed the NVC for choice of Agent DS-3032, not sure if I was suppose to do this before actually getting paperwork sent to me.

08/25/2008 - AOS Fee Bill and DS-3032 Generated

08/30/2008 - Letter Recieved

09/02/2008 - AOS Fee Bill Paid and DS-3032 Choice of Agent e-mail sent

09/03/2008 - AOS Fee Bill Recorded as Paid

09/10/2008 - NVC sends DS-3203 Receipt Confirmation

09/10/2008 - IV Fee Bill Available and Paid

09/11/2008 - IV Fee Bill Processed - PAID, Coversheet Generated

09/11/2008 - Following directions on James' Shortcuts for creating DS-230 Package

09/18/2008 - Sent in I-864 and DS-230 (FedEx Overnight)

09/29/2008 - NVC Case Completed!

09/??/???? - Packet never received (sent in with James' Shortcuts as soon as bill was paid)

12/03/2008 - Interview - APPROVED!

12/04/2008 - Visa Received

Filed: Other Timeline
Posted
Where did you get that information from? Ive stayed in the US for 7 months at one time, came back home then three months later I went over again for another 3 months...Ive never heard of that rule...unless of course, i just got lucky... :huh:

As for insurance...purchase travel insurance, depending on the policy wording most will pay out for unexpected interruption of travel...but as mentioned, you will have to shop around for the best policy and be aware of any excesses applicable to any claims.

Australia is part of the visa waiver programme isn't it? Which would mean that you are allowed ot stay for only 90 days at a time, unless given another sort of visa that allows you to stay longer. I'm guessing thta if you stayed on the VWP for 7 months, and then were allowed back in a few months later, that you were just very very very lucky, and somebody was not doing their job that day.

Canadians on the other hand have a different set of rules. Generally we are allowed to stay in the US up to 6 months at a time, or per calendar year, whichever comes first. If we stay in the US 6 months we must also be back home in Canada 6 months (not just to satisfy USCIS, but also our provincial healthcare insurance).

By January you've only been gone 5 months, but they might let you in. They might not. Depends on their mood unfortunately.

And no, travel insurance does not cover denial of entry for immigration purposes.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: K-1 Visa Country: Canada
Timeline
Posted

:/

I wonder if it's worth the money to risk trying in Januray or waiting another month when it will have been 6 months.

Where did you get that information from? Ive stayed in the US for 7 months at one time, came back home then three months later I went over again for another 3 months...Ive never heard of that rule...unless of course, i just got lucky... :huh:

As for insurance...purchase travel insurance, depending on the policy wording most will pay out for unexpected interruption of travel...but as mentioned, you will have to shop around for the best policy and be aware of any excesses applicable to any claims.

Australia is part of the visa waiver programme isn't it? Which would mean that you are allowed ot stay for only 90 days at a time, unless given another sort of visa that allows you to stay longer. I'm guessing thta if you stayed on the VWP for 7 months, and then were allowed back in a few months later, that you were just very very very lucky, and somebody was not doing their job that day.

Canadians on the other hand have a different set of rules. Generally we are allowed to stay in the US up to 6 months at a time, or per calendar year, whichever comes first. If we stay in the US 6 months we must also be back home in Canada 6 months (not just to satisfy USCIS, but also our provincial healthcare insurance).

By January you've only been gone 5 months, but they might let you in. They might not. Depends on their mood unfortunately.

And no, travel insurance does not cover denial of entry for immigration purposes.

9/13/2008 Mailed I-129F

9/15/2008 I-129F was signed for

9/16/2008 Check was cashed

Filed: K-1 Visa Country: Australia
Timeline
Posted
:/

I wonder if it's worth the money to risk trying in Januray or waiting another month when it will have been 6 months.

Where did you get that information from? Ive stayed in the US for 7 months at one time, came back home then three months later I went over again for another 3 months...Ive never heard of that rule...unless of course, i just got lucky... :huh:

As for insurance...purchase travel insurance, depending on the policy wording most will pay out for unexpected interruption of travel...but as mentioned, you will have to shop around for the best policy and be aware of any excesses applicable to any claims.

Australia is part of the visa waiver programme isn't it? Which would mean that you are allowed ot stay for only 90 days at a time, unless given another sort of visa that allows you to stay longer. I'm guessing thta if you stayed on the VWP for 7 months, and then were allowed back in a few months later, that you were just very very very lucky, and somebody was not doing their job that day.

Canadians on the other hand have a different set of rules. Generally we are allowed to stay in the US up to 6 months at a time, or per calendar year, whichever comes first. If we stay in the US 6 months we must also be back home in Canada 6 months (not just to satisfy USCIS, but also our provincial healthcare insurance).

By January you've only been gone 5 months, but they might let you in. They might not. Depends on their mood unfortunately.

And no, travel insurance does not cover denial of entry for immigration purposes.

Yes, Australia is part of the visa waiver program but I wan on another visa which is the reason why I was able to stay longer than 90 days. But if thats the rule with Canada/US, then you're better of waiting another month to go back...all the best!

ROC Journey:-

05.11.2012 -- mail I-751 packet

05.14.2012 -- Packet arrived @ VSC

xx.xx.2012 -- Check Cashed

05.15.2012 -- NOA1 dated 05.15.2012

05.31.2012 -- Biometric notice date

06.27.2012 -- Biometrics Taken

01.23.2013 -- Card Production Ordered.

01.28.2013 -- 10 Year Green Card Received

Filed: Timeline
Posted

This may be helpful:

CBP FAQ - Canadians

Pay particular attention to the last paragraph:

"The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) 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. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc."

The following link will help you when gathering your documentation to show proof of ties to Canada:

Visitation FAQ's

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