Canadian and visiting the US question

[LandRStepp 0]

When visiting the US as long as I live in Canada and can prove it can I stay longer than the 6 months before they question things? How long do I have to wait before I can come back for another 6 months? Because the CR1 is where I'm leaning over the k1 (depending on what my fiance says) I have to have my interview in Montreal which is close to where he lives but if I have to go back after the 6 months Vancouver is closer. This is why I need to know about the visiting for 6 months. Any help will be so much appreciated. Thank you so much!

[Kathryn41 3,205]

No, 6 months is the maximum. You are supposed to spend at least equal amount of time out of the US as you are in the US. As well, more than 6 months in the US, then the IRS considers you fair game and you are required to file an income tax return in the US as well or prove to them that you have maintained closer ties to Canada than to the US.

You will still need to prove to the border official that you are only a visitor even for 6 months. That can be a challenge providing proof of ties to Canada as ties generally consist of employment, property responsibilities and ongoing financial liabilities in Canada. 6 months is a long time to be away from those.

Edited July 10, 2009 by Kathryn41

[LandRStepp 0]

No, 6 months is the maximum. You are supposed to spend at least equal amount of time out of the US as you are in the US. As well, more than 6 months in the US, then the IRS considers you fair game and you are required to file an income tax return in the US as well or prove to them that you have maintained closer ties to Canada than to the US.

You will still need to prove to the border official that you are only a visitor even for 6 months. That can be a challenge providing proof of ties to Canada as ties generally consist of employment, property responsibilities and ongoing financial liabilities in Canada. 6 months is a long time to be away from those.

Very good points I never thought of all that. Do I have to apply for a visa as a visitor because I thought Canadians can just cross the boarder and visit for a 6 month period?

[Hugglebuggles 60]

No, 6 months is the maximum. You are supposed to spend at least equal amount of time out of the US as you are in the US. As well, more than 6 months in the US, then the IRS considers you fair game and you are required to file an income tax return in the US as well or prove to them that you have maintained closer ties to Canada than to the US.

You will still need to prove to the border official that you are only a visitor even for 6 months. That can be a challenge providing proof of ties to Canada as ties generally consist of employment, property responsibilities and ongoing financial liabilities in Canada. 6 months is a long time to be away from those.

Very good points I never thought of all that. Do I have to apply for a visa as a visitor because I thought Canadians can just cross the boarder and visit for a 6 month period?

No visa is required, you just need to be mindful of the factors Kathryn has outlined for you. Successfully crossing while declaring you intend to stay for 6 months is possible, but can be challenging. If you are asked for proof of ties and cannot produce any, chances are you will be denied entry. I would be prepared with a backup plan! Either way, I wish you luck!

[LandRStepp 0]

No, 6 months is the maximum. You are supposed to spend at least equal amount of time out of the US as you are in the US. As well, more than 6 months in the US, then the IRS considers you fair game and you are required to file an income tax return in the US as well or prove to them that you have maintained closer ties to Canada than to the US.

You will still need to prove to the border official that you are only a visitor even for 6 months. That can be a challenge providing proof of ties to Canada as ties generally consist of employment, property responsibilities and ongoing financial liabilities in Canada. 6 months is a long time to be away from those.

Very good points I never thought of all that. Do I have to apply for a visa as a visitor because I thought Canadians can just cross the boarder and visit for a 6 month period?

No visa is required, you just need to be mindful of the factors Kathryn has outlined for you. Successfully crossing while declaring you intend to stay for 6 months is possible, but can be challenging. If you are asked for proof of ties and cannot produce any, chances are you will be denied entry. I would be prepared with a backup plan! Either way, I wish you luck!

thank you both for your responses and I want to do everything properly because I don't want to risk being denied when we do our CR1. I spoke with my fiance and we have decided together to do the CR1 after we are married.

[Flames9_RN 358]

see below about visiting:

[Krikit 1,164]

Canada considers you a non-resident once you have been out of the country for 183 days. Which means your healthcare is cut off and you are taxed at a non-resident rate, among other things.

Here is a link to the Customs & Border Protection FAQ: CBP Canadian Visitor FAQ

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.

You can also check the link in my signature for additional information on how to prove ties to Canada.

[MapleLeafBaby 1]

this has always confused me....how does the 6 month thing work? If someone is back and forth, spending a few weeks at a time in the US...how do they tally up the 6 months? If you add up all your visits for 2009 and they add up to about 6 months, do you then have to wait until 2010 to come back?

Sorry, don't mean to hijack this thread...it's just that this has always confused me....my mom visits back and forth and I wouldn't want to run into any problems...she has been here for 6 weeks and is going back...but will come back next month for 2 weeks...and likely every other month for a couple of weeks. She really has no ties by way of property ownership or lease....she lives with her boyfriend...

Just curious...again...sorry for the hijack....I could start another thread...but this seemed an appropriate place and time to ask Hope you don't mind OP

Thanks

[trailmix 77]

this has always confused me....how does the 6 month thing work? If someone is back and forth, spending a few weeks at a time in the US...how do they tally up the 6 months? If you add up all your visits for 2009 and they add up to about 6 months, do you then have to wait until 2010 to come back?

Sorry, don't mean to hijack this thread...it's just that this has always confused me....my mom visits back and forth and I wouldn't want to run into any problems...she has been here for 6 weeks and is going back...but will come back next month for 2 weeks...and likely every other month for a couple of weeks. She really has no ties by way of property ownership or lease....she lives with her boyfriend...

Just curious...again...sorry for the hijack....I could start another thread...but this seemed an appropriate place and time to ask Hope you don't mind OP

Thanks

They don't tally it because you can stay 'up to' 6 months each time. I mean in theory you could go to the U.S. - stay 6 months, go back to Canada for a couple of hours, go back to the States for 6 months.

Of course in practice it doesn't work like that - you must be 'visiting' rather than residing in the U.S. and eventually you would probably get questioned - there are also other issues like tax residency etc - but that's another story.

[Carlawarla 1]

You mentioned about Vancouver and Montreal? Just a reminder that all CR-1 interviews are held in Montreal, no matter where you live in Canada. Vancouver ONLY does K-1 and K-3 interviews.

[thetreble 19]

They don't tally it because you can stay 'up to' 6 months each time. I mean in theory you could go to the U.S. - stay 6 months, go back to Canada for a couple of hours, go back to the States for 6 months.

Of course in practice it doesn't work like that - you must be 'visiting' rather than residing in the U.S. and eventually you would probably get questioned - there are also other issues like tax residency etc - but that's another story.

Okay, now I'm confused Traily. I thought we all agreed that it's 6 months in any given 12 month period?

[Krikit 1,164]

Okay, now I'm confused Traily. I thought we all agreed that it's 6 months in any given 12 month period?

I object! I never agreed to that!

[thetreble 19]

You didn't? Now I look like the #######! AND I'm still confused!

[trailmix 77]

Okay, now I'm confused Traily. I thought we all agreed that it's 6 months in any given 12 month period?

I object! I never agreed to that!

I object as well !

I think there was a thread in here once that kind of decided that, I don't know why.

[Krikit 1,164]

I think the Trailmix explained it well. If you read the information in that link you will note the following:

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.

In other words, you can come and go, but you must adhere to the regulations:

1. Don't stay in the US beyond 180 days in one visit.
2. Don't be out of Canada for more than 180 days at a time or you're deemed a non-resident. (This is why snowbirds don't stay any longer than six months..... they'll lose their health benefits and will be taxed at the non-resident rate.)

Those who are staying the maximum amount of time, leaving for a short period of time, and then returning for another great length of time, are going to be scrutinized. And justifiably so. But let's say you were at your winter home in Florida for six months, then returned to Canada for a few months. Then a hurricane hit and you must return to Florida to deal with the damage, etc. That's a legitimate reason where they aren't likely to refuse you entry because you've already used your six months.

Hopefully I've made this a bit clearer.