Insufficient ties to Canada

[Extrix 0]

Hello,

I recently went to the US on December 9th, 2010 and was only planning on staying three weeks. I actually stayed until April 30th of 2011. Staying approximately 142 days. I was visiting/staying with my girlfriend and her family. I was running out of money as I had quit my job and also knew that I should leave soon since I am only allowed in for 6 months legally.

I am planning to go back for a weekend, however I am wondering if my previous visit would create any red flags...

I also am not sure if I have enough evidence to convince the officer I would be returning to Canada. I don't own a vehicle or lease/own a place to live. I have a job working as a contractor for a web design company however I can do that anywhere in the world, I just need my laptop. I have a bank account, and a cellphone that's in my own name. That's it. I don't feel if I was asked for evidence that this would be enough. What else could I possibly use?

Also, if I entered on a B2 again, would I only be able to stay for 38 days legally.. and then it would reset Dec 31st?

Would filing for a K-1 Fiancee Visa improve my chances of getting into America to visit from time to time?

Thanks,

Chris

[sethmichael22 0]

We had a time where my Canadian fiancé (girlfriend at the time) was not allowed into the US because the officer felt like she had insufficient ties. Most guards will be cool but you should be prepared for anything.

What do you do for your living situation?

I would have something with you that shows your plans for an upcoming even or happening in Canada....if need be, get a letter from the company employing you as a contractor maybe?

[Extrix 0]

We had a time where my Canadian fiancé (girlfriend at the time) was not allowed into the US because the officer felt like she had insufficient ties. Most guards will be cool but you should be prepared for anything.

What do you do for your living situation?

I would have something with you that shows your plans for an upcoming even or happening in Canada....if need be, get a letter from the company employing you as a contractor maybe?

I live with my parents. I mean, we are planning to file for a K-1 Visa... but I don't know how to prove that except actually file for it... I could possibly use a letter from my company as well.

[Casprd 167]

Family ties to Canada will also help a little bit. As long as you didn't overstay the previous time that won't be an issue. Not sure if the B2 is 6 months in a 12 month period or 6 months with 90 days out of the country for it to reset. I believe the latter, but could be wrong. What is the expiration date on the visa? I do know that crossing back into Canada normally wouldn't reset the clock but the fact that you live in Canada is a different story so it will be treated differently than someone from outside North America travelling on a B2. Check the DOS website for the specifics on the B2 visa and if needed you can call the DOS for any questions.

[Extrix 0]

Family ties to Canada will also help a little bit. As long as you didn't overstay the previous time that won't be an issue. Not sure if the B2 is 6 months in a 12 month period or 6 months with 90 days out of the country for it to reset. I believe the latter, but could be wrong. What is the expiration date on the visa? I do know that crossing back into Canada normally wouldn't reset the clock but the fact that you live in Canada is a different story so it will be treated differently than someone from outside North America travelling on a B2. Check the DOS website for the specifics on the B2 visa and if needed you can call the DOS for any questions.

I will do that. I don't have a visa I applied for, I just had the tourist visa, I thought it was referred to as a B2... for pleasure visa. I just overstayed what I had told the Officer, but not the visa itself that I was given.

[Boiler 46,016]

So not the B2.

[Extrix 0]

So not the B2.

Some stamps in my passport are blank, two of them say B-2. One of them say B-1 when the officer got really upset at me for no particular reason last year. (I had no itinerary .. it was on my phone, and I brought no cash, I had a credit card and would get cash from an ATM there... big mistake)

[canuckbos 10]

Some stamps in my passport are blank, two of them say B-2. One of them say B-1 when the officer got really upset at me for no particular reason last year. (I had no itinerary .. it was on my phone, and I brought no cash, I had a credit card and would get cash from an ATM there... big mistake)

Sounds like you may be flagged in the system. If you are; then the onus is on you to prove you will be coming back. If you do not own a car, how are you getting there? If you are borrowing a car get a letter from the owner stating you have borrowed the car and it is expected to be returned on such and such a date. Take cash of course, are you a member of anything? Have on-going prescriptions that need to be taken etc. Dig deep, you'd be surprised at how much simpler the process is if the POE office sees that you are sincere and really wanting to play by their rules. Honest is always critical! Do not lie about anything...

Good Luck!

[Extrix 0]

Sounds like you may be flagged in the system. If you are; then the onus is on you to prove you will be coming back. If you do not own a car, how are you getting there? If you are borrowing a car get a letter from the owner stating you have borrowed the car and it is expected to be returned on such and such a date. Take cash of course, are you a member of anything? Have on-going prescriptions that need to be taken etc. Dig deep, you'd be surprised at how much simpler the process is if the POE office sees that you are sincere and really wanting to play by their rules. Honest is always critical! Do not lie about anything...

Good Luck!

Last time I went through, I had no issues like before when I was extensively questioned... I'd be getting a ride from someone to the airport and picked up at the airport by my girlfriend. I don't take any prescriptions and am not a member of anything. I literally can't think of anything.

Ugh!

.. but if I was flagged, I'm not sure I got through last time with no hassle. I was completely prepared with lots of documentation.

[canuckbos 10]

Last time I went through, I had no issues like before when I was extensively questioned... I'd be getting a ride from someone to the airport and picked up at the airport by my girlfriend. I don't take any prescriptions and am not a member of anything. I literally can't think of anything.

Ugh!

.. but if I was flagged, I'm not sure I got through last time with no hassle. I was completely prepared with lots of documentation.

You must have a return ticket right?

Can you get a teacher or pastor or someone in this tpe of postion to write a letter of reference for you? Or even your parents?

[Extrix 0]

You must have a return ticket right?

Can you get a teacher or pastor or someone in this tpe of postion to write a letter of reference for you? Or even your parents?

I always purchase a two way flight. I can probably have my church leader and my parents both write letters, yes.

[canuckbos 10]

I always purchase a two way flight. I can probably have my church leader and my parents both write letters, yes.

In the absence of anything else this might be the best next thing.

Wishing you good luck!!!!

Enjoy your visit.

[Krikit 1,165]

Also, if I entered on a B2 again, would I only be able to stay for 38 days legally.. and then it would reset Dec 31st?

Would filing for a K-1 Fiancee Visa improve my chances of getting into America to visit from time to time?

Canadians do not require a visa to visit the US. The 6 month visit rule resets with each entry.... it's not cumulative. Link But you have to prove to the officer that you are not a de facto resident. If you're only going for a weekend and you don't have any overstays, I can't see where this will be a hindrance. What will be a hindrance, as you know, is the sufficient ties. The link below will give you some ideas on how to prove them. If specifies K-1 applicants but is applicable to all. Canadians have found that being in the process of applying for a spousal or fiance(e) visa can be helpful in allowing them entry. Good luck.

Visitation FAQ's

[Extrix 0]

Canadians do not require a visa to visit the US. The 6 month visit rule resets with each entry.... it's not cumulative. Link But you have to prove to the officer that you are not a de facto resident. If you're only going for a weekend and you don't have any overstays, I can't see where this will be a hindrance. What will be a hindrance, as you know, is the sufficient ties. The link below will give you some ideas on how to prove them. If specifies K-1 applicants but is applicable to all. Canadians have found that being in the process of applying for a spousal or fiance(e) visa can be helpful in allowing them entry. Good luck.

Visitation FAQ's

Thank you very much. So, staying for 4 1/2 months if I intentionally planning on staying for two weeks is not considered an overstay, right? Sorry, still confused on what an "overstay" really is.

[Krikit 1,165]

Thank you very much. So, staying for 4 1/2 months if I intentionally planning on staying for two weeks is not considered an overstay, right? Sorry, still confused on what an "overstay" really is.

No, that's not an overstay.... that's changing your schedule. I've done that lots of times. As long as you don't go over the 180 days per visit which you are allotted you have not overstayed. An overstay is when you come in with an allowance of 180 days but decide to stay 181.