Visiting Canada...

[Minted7 3]

I'm planning on visiting my husband for 3months towards the end of this month and I had a question. If I was there from October 2009 - January 12th 2010 .... now i want to visit from July1st 2010-october2010 .......does my 6months carry over from last year .....does january count as 12days or it starts all over ......its so confusing!

Would my 3months from 09 carry over so now I only have 3months left to visit in the 2010!

Thanks!

[Sprailenes 47]

I believe it's 6 months out of a 365 day period... I don't think it resets itself after January.

[FireKari 4]

180 days per CALENDAR year.

One of the websites says it, but I cannot find it atm.

[FireKari 4]

You know you can always call any of the border customs and ask them specifically.

[trailmix 77]

There is no 'reset' period and it is not 180 days in a calendar year.

In theory you could enter the U.S., stay for 180 days, cross the border back in to Canada and turn right around and go back for another 180 days.

Now that is in theory of course because in practice they would look at you and say hey, you are residing in the U.S. without a visa.

This information from CBP can be found here.

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 reenter 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.

Edited June 14, 2010 by trailmix

[Wishing 1]

There is no 'reset' period and it is not 180 days in a calendar year.

In theory you could enter the U.S., stay for 180 days, cross the border back in to Canada and turn right around and go back for another 180 days.

Now that is in theory of course because in practice they would look at you and say hey, you are residing in the U.S. without a visa.

This information from CBP can be found here.

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 reenter 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.

From my personal experience where it does make a difference is with your taxes (for calendar year). While working in US part this past year IRS wanted to know on their tax form how many days I had been in US in past 3 years whether for work or vacations to determine my residency for taxes. Just in case this comes into play for you...

[trailmix 77]

Ok so I just realized that Minted is the USC - that her Husband is the person immigrating to the U.S. - so you are visiting Canada Minted.

Good luck on finding any info on how long you can stay or what the rules are!

The only mention I can find of it is in the visitor publication where it states:

•a foreign national visiting Canada and your stay will not exceed one year;

[Minted7 3]

Thanks for your help!

I'll let you all know if I make it to the other side......and exactly how it went down!

Theres nothing more I can do anyways...I've gathered all my information and I'll have it on me, be truthful and what happens happens.

[neiks 19]

Wouldn't worry about it. As long as you and/or your spouse has the means to support you for your visit in Canada and you have no intentions of working while you are there.

[Minted7 3]

Thanks Neiks!