question

[JennaLyn 0]

I'm new here...I did post in the new members section...My boyfriend is from Ottawa and I'm from Massachusetts

we are lost as to what steps to take to get him to stay here for longer then 90 days...he's been here now since October 14th and has to go back in January. We do not want to get married right now...so any help with what our other options might be would be soooo greatly appreciated!!!!!

I have children and I can't just up and move to Canada...although our long term goal would be all of us living in Canada. But not for another 2 yrs at least. I would have thought it would be easier for a Canadian to gain access to the US.

We just don't understand "govermentese" as he calls it.

He is a graphic artist and can get a TN visa if he found a job here...but with the way this country is right now...its really hard to find any job.

I really look forward to getting to know all of you....

Enjoy your day,

Jennifer! : )

[Flames9_RN 358]

As a Canuck, one can stay up to 6 months a in a year (not 90 days) of course during this time, he shouldn't be working, just visiting!

here is a chart that compares the K1, K3 and cr-1 visas

http://www.visajourney.com/forums/index.ph...mp;page=compare

[JennaLyn 0]

As a Canuck, one can stay up to 6 months a in a year (not 90 days) of course during this time, he shouldn't be working, just visiting!

here is a chart that compares the K1, K3 and cr-1 visas

http://www.visajourney.com/forums/index.ph...mp;page=compare

well he can stay 6 months total right? he was told that he had 90 days total each trip...and that he could make 2 90 day trips if he wanted or he could spread the 6 months out over the course of the year...

and he's not working, he has only been visiting...but he has worked in the States before on a TN visa...and was hoping to find a job here so he could do the same..

Thank you so much for the link...I'm off to check it out!!

[Flames9_RN 358]

no, he can stay 180 days in a row if he wishes

[JennaLyn 0]

As a Canuck, one can stay up to 6 months a in a year (not 90 days) of course during this time, he shouldn't be working, just visiting!

here is a chart that compares the K1, K3 and cr-1 visas

http://www.visajourney.com/forums/index.ph...mp;page=compare

well he can stay 6 months total right? he was told that he had 90 days total each trip...and that he could make 2 90 day trips if he wanted or he could spread the 6 months out over the course of the year...

and he's not working, he has only been visiting...but he has worked in the States before on a TN visa...and was hoping to find a job here so he could do the same..

Thank you so much for the link...I'm off to check it out!!

oh I didn't know that....so when he returns in late February he can stay for 180 days well minus the 10 he will have been here in January?

Thank you so much...its great to finally have some answers...

[KimandRuss 0]

You're suppose to reside in your home Country for more time in one year (not a calandar year) than you are in the U.S. So, for Canadians, although they can stay 'longer' ...they still need to follow that unwritten rule. They will consider past visits as well as length of stay on each visit.

Coming back in February, with a USC g/f and without ties (job) to Canada, will most likely add extra scrutiny to his entry in February.

It is up to the port of entry officer to decide whether he is allowed to visit and for how long that visit can be. If he/she suspects immigrant intent upon his next arrival into the U.S., he will not be allowed to enter.

[JennaLyn 0]

You're suppose to reside in your home Country for more time in one year (not a calandar year) than you are in the U.S. So, for Canadians, although they can stay 'longer' ...they still need to follow that unwritten rule. They will consider past visits as well as length of stay on each visit.

Coming back in February, with a USC g/f and without ties (job) to Canada, will most likely add extra scrutiny to his entry in February.

It is up to the port of entry officer to decide whether he is allowed to visit and for how long that visit can be. If he/she suspects immigrant intent upon his next arrival into the U.S., he will not be allowed to enter.

not a calender year? He spent 9 months plus in Canada during 2008...

This last trip he wasn't allowed entry the first time...he needed to bring in proof of his ties to Canada...he has a house in Canada, he had to show proof that he had enough funds to support himself during his stay...etc, etc and he presented that to the guard a few days after he was denied entry and they let him in. He had a return ticket(he took a bus) the ticket didn't have a return date on it.....Peter Pan bus lines don't ever have return dates on their tickets. But the Guard didn't give him a date he had to be back...

[Reba 2]

The rules for Canadians is entirely different than for the rest of the world. Canadians are allowed to visit the US for up to 6 months per calendar year/per trip. This can be for a total of 6 months at a time, or spread out over the whole year, doens't matter. It can also cross the New Year, ie: if you arrive in November, you can stay til April etc. The general rule also means that if you spend a 6 month span in the US, you should be OUT of the US for the same time (example, if you stay from Nov. to April, your next trip should be 6 months later. Hence the reason Snow Birds can spend every winter in the Florida or Arizona, and summers in Canada).

However, having a US citizen partner makes visiting for any length of time more difficult than for those who do not have family in the US. Ties to home country must prove that there is no intent to stay and attempt to immigrate from a visitor status. If there are no ties to home country, then possibility of denial is greater. And for those who intend to stay for up to 6 months, likely don't have a job in Canada to return to, or means to fund their stay. The longer you intend to stay, the harder it is to prove non-intent. Its not impossible though.

[SapphireDreams 71]

He's allowed in the US for a total of 180 days/360 days. So from the first time he entered, his 360 days started. So since then how many days has he been there? When he comes back next, he can stay as many days as he hasn't already used up from his first visit. It's really hard to say how they exactly keep track - but they most definitely are keeping track.

[JennaLyn 0]

thank you everyone....

well he first came here in June for 3 days, then in july for 5 days..in sept for 16 days...and now has been here about 60 days...

so it will be from June-June? man this is so confusing...but I'm glad we know this now he was planning on coming back late Feb for 90 days...but that obviously can't be the case....

Thank you!!

[trailmix 77]

The rules for Canadians is entirely different than for the rest of the world. Canadians are allowed to visit the US for up to 6 months per calendar year/per trip. This can be for a total of 6 months at a time, or spread out over the whole year, doens't matter. It can also cross the New Year, ie: if you arrive in November, you can stay til April etc. The general rule also means that if you spend a 6 month span in the US, you should be OUT of the US for the same time (example, if you stay from Nov. to April, your next trip should be 6 months later.

He's allowed in the US for a total of 180 days/360 days. So from the first time he entered, his 360 days started. So since then how many days has he been there? When he comes back next, he can stay as many days as he hasn't already used up from his first visit. It's really hard to say how they exactly keep track - but they most definitely are keeping track.

Ok, i'm confused - in fact everytime someone writes about this topic I find it confusing, but maybe i'm not reading it correctly?

Reba - you state that a Canadian can stay for 6 months each calendar year - so from Jan to Dec obviously, but then you say it can cross the new year - which would then put it out of the calendar year - so you mean you would count Nov and Dec in the 2008 calendar year and Jan-April in the 2009 calendar year but still be required to leave the U.S. for 6 months? But - in effect, since you only used 4 months in 2009, you could stay 2 more months in 2009?

Sapphire, you state that it is 6 months in any 360 day period? So no 'calendar' dates there.

I may be interpreting either of your postings incorrectly, but I would really like to know

Edited December 6, 2008 by trailmix

[JennaLyn 0]

thank you!! I"m so glad I'm not the only one who is confused...we are over here counting each day he has been here to visit since June...

he is here beside me and he also says thank you!!

But I am confused as well...

[KimandRuss 0]

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 and/or are not intending to circumvent the laws by immigrating. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

So it's not per calender year it's per visit. This is taken from the cbp goverment site. I suppose they could be wrong.

[trailmix 77]

Ok, this is what I found and I think the confusion arises because the information is a teeny bit vague (prob because they like us!)

Anyway, these are the important items (from U.S. Customs and Border Protection):

------------

Question

Documents required by Canadian Citizens/Residents/Landed Immigrant to enter the U.S. and how long can they stay?

By Land and Sea (including ferries) - Canadian citizens generally are not required to have a visa or a passport (until June 1, 2009) and may visit the U.S. for up to 6 months.

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.

------------

Based on this, it sounds to me like it is a pretty open policy. They will allow you to stay for 6 months - without having to leave the U.S. for any specific period of time, before returning. So in theory you could stay 6 months, leave for 4 days then go back and stay for 6 months (and yes there is the question of being able to maintain Canadian residency for provincial health care etc etc - but that is another topic).

However, as mentioned, they obviously look at this on a case by case basis and proving that you aren't 'really' living in the U.S. would be pretty difficult if you spent too much time there.

[trailmix 77]

Just wanted to add this from another 'visiting' thread - Krikit gives a very good suggestion I think:

I don't know how successful you'll be with this but you may be interested in applying for The Nexus Program. That way you can have your one-time indepth interview with them and get it over with rather than facing this worry each time you visit.

Edited December 6, 2008 by trailmix