question

[xtinab 0]

Hey,

In terms of it carrying over to a new year, think of it in fiscal year terms. If your year of his visiting started in June 08, and he stayed say some 4 months through 2008, essentially, he'd have about 2 months left visiting till June 09. I may not be 100% correct, but that's how I think of it and it works for me.

I'm a visitor in the US, staying with my bf, and have made various trips back to Toronto, and I'm almost sure that at this point, I've surpassed the 6 months. Actually I know I have. But I am going back in December. Since I've stayed so long for 2008, I'm already expecting to get turned away at the border if I were to try to come back again in January as Im sure they can see that I've spent more time in the US than in Canada for 2009. I think I got lucky last time I came back here (November) but we've made the sad decision of realizing that this chance is NOT one that we should be taking for too much more, if at all.

I'm proof that it is possible to overstay in the US, however, we've put our situation at great risk doing so. We're makin it harder on ourselves, being so used to being around each other, that when we do start our petition (unsure which one yet) It's going to be even harder to be apart. Also, my ties to home are getting less and less with each passing day I'm here. Which again, would put a damper on trying to re-enter into the US should they ask me for my ties to Toronto.

*sigh...damn international borders :s

Edited December 6, 2008 by xtinab

[thetreble 19]

Yes, but we all are smoothing over the fact here that he was already denied entry once and that he stayed 9 months in 2008. That to me, regardless of vagueness of rules, is going to raise some red flags.

[Reba 2]

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?

Right, so if a Canadian was to come to the US to spend the winter out of the snow and cold, and arrive in Fort Lauderdale in November and then leave in April, then if they were to cross back into Candaa, do their laundry and then head back to the border the following day, they may be denied entry, because then they would be, most probably, determined to be spending more time in the US than Canada.

IF that same Canadian however, was to come to the US say in April, spend 4 months backpacking the Grand Canyon, then return to Canada for a month or two, then decides to go back to the US say to gamble away their life savings in Vegas, they could stay for 2 months, if they have enough money. For a total of 6 months in that year.

This is just how it was explained to me by a CBP officer years ago, so that's pretty much what I've stuck to. As each officer interprets this rule differently (further confusing our poor frozen brains), take it as you will.

[JennaLyn 0]

Yes, but we all are smoothing over the fact here that he was already denied entry once and that he stayed 9 months in 2008. That to me, regardless of vagueness of rules, is going to raise some red flags.

are you talking to me? Cause he hasn't stayed for 9 months...and he was only denied entry because he needed to show his ties to Canada, and they wanted to make sure he had enough money to support himself while here...once he provided that he had no problems at all...

[thetreble 19]

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

Uh... didn't you say this or did I just read it wrong.

And denied for whatever reasons is still marked as a denial.

[JennaLyn 0]

yes, but he lives in Canada...I'm sorry if I didn't clarify that...I am from the US and he is from Canada...he has spent about 9 months in Canada during 2008 and the other 3 here in the US...I'm including the month of Dec in with those 3 months..

[thetreble 19]

Oh I'm a dummy. Now I get it!