Extended visits in US before and during K1 process

[Team Katman 9]

Hi everyone,

Here's my brief story: I am currently in the US visiting my fiance (we submitted the I-129f a week ago while I was here and we got our NOA1 this week).

I left the US in October after working on a TN visa for 3 years and moved back to Canada. I visited my boyfriend (now fiance) here in the US for 3 weeks in December. I entered the US to visit him in mid-January with the intention of staying for a week before returning to Canada - instead, I changed the date of my return ticket and will fly home in a couple weeks (so by the time I go home I will have been in the US for 140 days this visit. I know Canadians are allowed to stay in the US for 180 days per visit). I have never overstayed a visa or have been out of status in the US, not do I intend to do so.

I would like to visit him in July for a few weeks, maybe again in September. Of course, I know it is up to the Immigration Officer at the POE whether I am allowed entry into the US, and I know I need to prove strong ties to Canada (a little hard since I live with my mum and am currently not working).

1. If I am allowed entry for those visits, can these long visits to the US before and during the K1 process affect the K1 visa decision (at the interview stage)? I don't want to do anything that will jeopardize getting the K1 visa.

2. Also, if I change the date of my return flight after I have entered the US, does that look bad to US Immigration? Again, I don't want to do anything that will jeopardize getting the K1 visa.

I would love to get people's thoughts and advice - and experiences if someone has been in my shoes. Thank you in advance! I'm so glad to be a part of the VJ community!!!

[militarygf 0]

hi, when i visited my beau on June 2009, my return ticket was for October. I was approved to stay for the max days for Philippine passport holders - 6 months. When he was given the sched for boot camp,and he opted for the Jan 2010 sched, we mutually decided to rebook my flight back for Dec. It did not pose as prob when we filed the I-129F nor was it asked during my interview. We did however, include that info in our separate affidavits, citing the reason that we wanted to maximize the allowed period i can stay with him. hope this helps. Good luck in your journey!

[Barbara J 115]

No it wont affect your 129f petition or your K1 visa interview. I was here last year from March and extended another 2 weeks and left 19th June past my return flight and never had an issue. I don't know what they are like on Canadian borders but I gather they realise you come to visit regularly and as long as you return on the your appropriate date then should not be an issue. And as long as you can show ties to home and your adress where you live and any bank accounts drivers license and so on.

And if you are lucky you may not need to visit in September but get ready to live permanently if you get approved in 3-4 months.

Edited May 20, 2011 by Barbara J

[Team Katman 9]

Thank you both very much for your replies, I greatly appreciate it!!! Phew, I feel better now.

[lovetimhortons 1]

Hi there, I believe there is a rule that you are not legally allowed to be in the US more than 50% of one calendar year, which works out to 182 days or less per year... I'm not sure exactly.

I was in the US for about about 110 days during K1 processing, and there were no problems for me! Make sure you bring proof of ties to Canada when you cross the border.

Edited June 2, 2011 by lovetimhortons

[Team Katman 9]

Hi there, I believe there is a rule that you are not legally allowed to be in the US more than 50% of one calendar year, which works out to 182 days or less per year... I'm not sure exactly.

I was in the US for about about 110 days during K1 processing, and there were no problems for me! Make sure you bring proof of ties to Canada when you cross the border.

Thanks for your reply, lovetimhortons. I'm glad you didn't have any problems. I will definitely bring proof of strong ties - what I have anyways - when I cross. It's quite confusing around how much time a Canadian citizen can spend in the US as there is a lot of different info out there. On various websites I have seen what you wrote, that Canadians can only spend 180 days in the US per calendar year. But then this is what I found on the Customs and Border Protection website:

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.

I even called CBP to ask if there is a maximum amount of time Canadians can spend in the US in a calendar year, and the woman said she couldn't answer that question and it was up to the Immigration Officer at the POE. So confusing!