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Filed: K-1 Visa Country: Canada
Timeline
Posted

I'm going to be visiting my fiance from June 25th to July 9th of this year.

I'm concerned about overstaying however as I was in the states from August 16th - January 29th of last year as well as a week last July.

While neither of those visits were overstays obviously June 25th - July 9th would but me at over 180 days out of 365.

Does anyone know is it 6 months per visit or 6 months per 365 days. If it is per 365 days does it change over when the new year starts? (ie 180 out of 365 days in 2008)

Any advice much appreciated.

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I've always assumed it was 6 months out of a year, or 180 days out of 365 days... Otherwise, what stops people from staying for 6 months, coming home for a day or so, then returning for another 6 months? I could be wrong... But, I really don't think you have a problem. You've technically only spent 29 days in the US this year, right?

Filed: K-1 Visa Country: Canada
Timeline
Posted
I've always assumed it was 6 months out of a year, or 180 days out of 365 days... Otherwise, what stops people from staying for 6 months, coming home for a day or so, then returning for another 6 months? I could be wrong... But, I really don't think you have a problem. You've technically only spent 29 days in the US this year, right?

Yes only 29 days so far in 2009.

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
I've always assumed it was 6 months out of a year, or 180 days out of 365 days... Otherwise, what stops people from staying for 6 months, coming home for a day or so, then returning for another 6 months? I could be wrong... But, I really don't think you have a problem. You've technically only spent 29 days in the US this year, right?

It's not a calendar year, it's 6 months at a time.

The thing that stops people from just staying 6 months, leaving for a few hours and returning - are the people at the border. You have to appear to not be 'living' in the U.S.

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

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests by any foreigner to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their initial entry. A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S AMCITS

Edited by trailmix
Filed: K-1 Visa Country: Canada
Timeline
Posted

Thank you, I feel much better now. :thumbs:

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

 
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