Confused, confused, confused.

[pawfectchis 0]

I really need some advise. I am engaged to my boyfriend who is actually not divorced yet. The courts have had the papers filed for a year now and have not approved it yet. We are planning on getting married but not set a date because we are waiting for these papers to final. I have here in the US visiting with him and know I have to leave the US before six months but would like to return. We are looking at taking a cruise to Mexico to get me out the country but I'm not sure how long I have to be out before I can re-enter? So that is question number one. Once we get these papers we are planning on getting married right away. So then we will file for that visa right after that. Please let me know what I need to do. Thank you.

[SapphireDreams 71]

You can only be in the U.S. for 6 months over the span of 1 year. So you would count the day you entered as day one and then for the next 12 months you are allowed to be there for 6 months out of that 12. It doesn't not re-start when you leave and come back.

Someone else can correct me if I'm wrong, but that is how I understand it and I have a friend right now who is here in Canada waiting for her visa but was in Washington for like 5 months total this year... so she's back because she didn't want to go over her 6 months.

I would read the guides to decide if the K1 or the K3 route is the best for you. If you are not married yet, the K1 might be a faster option. You will most likely have to wait in Canada for the visa since it seems you have already been in the US awhile so I would be prepared for that.

[Kathryn41 3,205]

You should plan on being outside of the US equal to the amount of time you are inside the US, and for Canadians, the limit is supposed to be a maximum of 6 months a year. There are tax implications in addition to immigration implications if you are in the US over the 6 month limit. Since your boyfriend is not yet divorced you do not have the option of getting married while you are in the US on this visit and remaining in the US. Since you have intent to marry you need to apply for an appropriate visa - either spousal or fiancee- outside of the US. You run a big risk of being denied re-entry to the US if US immigration believes that you are actually living there instead of visiting and this can come back to bite you when it is time to file. You would be best facing the fact that you can't live in the US while waiting for your boyfriend to become eligible to petition for you. Enjoy your visit but remember it is a visit and you need to return to Canada, and you will probably need to prove your ties to Canada when you re-cross the US border to prove you are not living in the US. It's tough, yes. I hope the divorce comes through soon. Good luck.

[pawfectchis 0]

You can only be in the U.S. for 6 months over the span of 1 year. So you would count the day you entered as day one and then for the next 12 months you are allowed to be there for 6 months out of that 12. It doesn't not re-start when you leave and come back.

Someone else can correct me if I'm wrong, but that is how I understand it and I have a friend right now who is here in Canada waiting for her visa but was in Washington for like 5 months total this year... so she's back because she didn't want to go over her 6 months.

I would read the guides to decide if the K1 or the K3 route is the best for you. If you are not married yet, the K1 might be a faster option. You will most likely have to wait in Canada for the visa since it seems you have already been in the US awhile so I would be prepared for that.

Oh wow!! didn't know that. I thought you could be in the US and then leave before your six months and them come back in after 23 or 48 hours. Boy was I wrong. Thank you for the advice.

[Flames9_RN 358]

There is always confusion when the time 'restarts" BUT when the POE officer sees that one is spending more time in the USA than Canada, ur chances of being denied are greater. So if u spend ur 6 months in the USA,then take off for a cruise to Mexico, the POE is going to see that ur spening more time in the USA and 'may" say, no entry for you!! Then its time to fly or swim from mexico to canada!!

[payxibka 10,045]

You can only be in the U.S. for 6 months over the span of 1 year. So you would count the day you entered as day one and then for the next 12 months you are allowed to be there for 6 months out of that 12. It doesn't not re-start when you leave and come back.

Someone else can correct me if I'm wrong, but that is how I understand it and I have a friend right now who is here in Canada waiting for her visa but was in Washington for like 5 months total this year... so she's back because she didn't want to go over her 6 months.

I would read the guides to decide if the K1 or the K3 route is the best for you. If you are not married yet, the K1 might be a faster option. You will most likely have to wait in Canada for the visa since it seems you have already been in the US awhile so I would be prepared for that.

Oh wow!! didn't know that. I thought you could be in the US and then leave before your six months and them come back in after 23 or 48 hours. Boy was I wrong. Thank you for the advice.

A quick "step-out" (as it is commonly referred to as) does not automatically or immediately reset the clock. This is true for all vistors... A "step-out" works in many countries, but not the USA

Edited October 22, 2008 by payxibka

[pawfectchis 0]

Thank you all for the info. OK then may I ask. If his divorce comes through soon and we get married immediately before I spend to much time here. Can I not apply for a married visa and stay here or will I need to wait it out back in Canada?

[payxibka 10,045]

Thank you all for the info. OK then may I ask. If his divorce comes through soon and we get married immediately before I spend to much time here. Can I not apply for a married visa and stay here or will I need to wait it out back in Canada?

You can stay as long as you are currently authorized to.... No need to immediately remove yourself from the country

[Flames9_RN 358]

Thank you all for the info. OK then may I ask. If his divorce comes through soon and we get married immediately before I spend to much time here. Can I not apply for a married visa and stay here or will I need to wait it out back in Canada?

on e can if you had NO INTENT of coming to the USA and staying. If you go that route, just be aware you CAN"T leave the USA until you reach a certain part of the process. Well you can leave the USA, but more than likely you wont get back in!!

[Krikit 1,164]

See this CBP FAQ: How long can Canadians stay?

Pay particular attention to the final 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."

So, in other words, if you have been in the US for, say, a month now, and you go on your cruise to Mexico then return to the US, you're probably good to go. However, you need to convince the officer at the POE that you're not taking up residency without going through the proper channels. Again, refer to the above paragraph.

If you marry and apply for a K-3 visa you will need to return to Canada for your medical and interview. And speaking of medicals.... the moment you are out of the country for 183 days Canada deems you a non-resident and your health benefits become null and void.

This link will give you help on proving your ties to Canada: Visitation FAQ's

All the best in your journey, Pawfectchis.

[cdn_in_wa 1]

Thank you all for the info. OK then may I ask. If his divorce comes through soon and we get married immediately before I spend to much time here. Can I not apply for a married visa and stay here or will I need to wait it out back in Canada?

on e can if you had NO INTENT of coming to the USA and staying. If you go that route, just be aware you CAN"T leave the USA until you reach a certain part of the process. Well you can leave the USA, but more than likely you wont get back in!!

To clarify the above:

As long as you haven't overstayed your 6 months, you will be able to travel once you get Advance Parole (takes about 3 months from application). If you have overstayed your 6 months, you would likely be denied re-entry regardless of your Advance Parole and you would be unable to leave and re-enter until after you have your GC in hand.

If you are close to the end of your 6 months, you are probably going to have to return to Canada and file from there.

[to_hope 0]

If you marry and apply for a K-3 visa you will need to return to Canada for your medical and interview.

A friend of my husband's (friend is Canadian) got married in the USA to his American wife while on a student visa. He was required to stay in the USA until his case was approved, but he did not have to leave for a medical or an interview. I believe his interview was in Detroit, Michigan? He was living in MI at the time. Anyways, he got married this past spring and was approved a few weeks ago.

[pawfectchis 0]

If you marry and apply for a K-3 visa you will need to return to Canada for your medical and interview.

A friend of my husband's (friend is Canadian) got married in the USA to his American wife while on a student visa. He was required to stay in the USA until his case was approved, but he did not have to leave for a medical or an interview. I believe his interview was in Detroit, Michigan? He was living in MI at the time. Anyways, he got married this past spring and was approved a few weeks ago.

Congratulations to them, it is nice to hear a happy ending. Gives everyone hope and a light a the end of a long tunnel.

[Krikit 1,164]

If you marry and apply for a K-3 visa you will need to return to Canada for your medical and interview.

A friend of my husband's (friend is Canadian) got married in the USA to his American wife while on a student visa. He was required to stay in the USA until his case was approved, but he did not have to leave for a medical or an interview. I believe his interview was in Detroit, Michigan? He was living in MI at the time. Anyways, he got married this past spring and was approved a few weeks ago.

That would be on an adjustment of status (AOS) from his student visa. A K-3 visa applicant must return to Canada.

[to_hope 0]

If you marry and apply for a K-3 visa you will need to return to Canada for your medical and interview.

A friend of my husband's (friend is Canadian) got married in the USA to his American wife while on a student visa. He was required to stay in the USA until his case was approved, but he did not have to leave for a medical or an interview. I believe his interview was in Detroit, Michigan? He was living in MI at the time. Anyways, he got married this past spring and was approved a few weeks ago.

That would be on an adjustment of status (AOS) from his student visa. A K-3 visa applicant must return to Canada.

Oh okay- I see the difference.