Length of stay for Canadians

[mercy 1]

Hi all,

I'm in a bit of a bind and I was hoping someone here would be able to help me find some answers. What is the maximum amount of time that a Canadian can stay in the US? I was under the impression that it was 90 days, but I've seen 6 months mentioned on here a few times, and am having a hard time finding a straight answer. Also, my fiance and I went to Germany over the summer and when we arrived in Detroit my passport was stamped with a B2 visa; the immigration officer did not fill in the expiration date on the B2, nor did he give me a date I have to leave by, and much like the length of stay for Canadians, I haven't been able to figure out what the maximum stay for a B2 visa is. I don't want to overstay or cause any problems with our K1, and it's soon going to be 90 days since I last entered the US. I've been planning on going back to Canada, but as the date gets closer, I really don't want to go unless I have to! I'd be really grateful for any help, or if someone could point me in the direction of what agency I could call(please say it isn't USCIS!).

-April

[john_and_marlene 162]

Hi all,

I'm in a bit of a bind and I was hoping someone here would be able to help me find some answers. What is the maximum amount of time that a Canadian can stay in the US? I was under the impression that it was 90 days, but I've seen 6 months mentioned on here a few times, and am having a hard time finding a straight answer. Also, my fiance and I went to Germany over the summer and when we arrived in Detroit my passport was stamped with a B2 visa; the immigration officer did not fill in the expiration date on the B2, nor did he give me a date I have to leave by, and much like the length of stay for Canadians, I haven't been able to figure out what the maximum stay for a B2 visa is. I don't want to overstay or cause any problems with our K1, and it's soon going to be 90 days since I last entered the US. I've been planning on going back to Canada, but as the date gets closer, I really don't want to go unless I have to! I'd be really grateful for any help, or if someone could point me in the direction of what agency I could call(please say it isn't USCIS!).

-April

The length of stay is determined by the I-94. What is the expiration on your I-94?

[Kathryn41 3,205]

I am not sure if there is a standard day for a B2 either. Normally, a Canadian can spend up to 6 months in the US but it is the border official who determines the exact amount of time, which could be less than the 6 months. I would be hesitant to state that with no expiry date recorded on the visitors visa you may stay the six months, especially as you don't really want to incur out of status days while planning for a K-1 visa. If you incur more than 180 days out of status then you generate an automatic 3 year barr from entering the US and would have to jump through additional hoops of a waiver - or waiting out the time - before you could enter the US, by which time the K-1 would probably have expired. You may want to give a phone call to the actual POE border services and ask them what the time period is for a Canadian receiving a B2 visa to the US. I know you don't want to leave as the time you expect to leave comes closer, but if you do want to take advantage of the K-1 visa, remember that a little short term 'pain' is worth the comfort of the long term gain. Good luck.

Edited September 16, 2006 by Kathryn41

[mercy 1]

Thanks for the quick replies. Kathryn, you've basically said what I've been thinking. It's not a huge deal to go back for awhile, my interview shouldn't be too far off anyway. It's been a long wait, we applied in March and just received our NOA2 a couple weeks ago, so we certainly don't want to mess things up. I just thought I'd throw the question out to VJ in case someone had some experience with this, in hopes of avoiding what will probably be a frustrating phone call(and if my experience with USCIS and the 129F process is any indication, it will be frustrating and yield few answers).

john_and_marlene, I have no I-94. When they were passing the I-94 forms out on the flight, I was told by the attendants that as a Canadian I didn't need one, and the immigration officer did not ask for one or give me anything beside the stamp in my passport.

[alcearosa 0]

At my Interview at the Vancouver consulate yesterday they asked me what is the longest stay i've had in the US and I said 5 months and 28 days.. they didn't care... so I'd say go for the 6 months... but I counted out the exact days.... 180 days.. don't go by calendar months since you might get nailed for a day with a long month.

We sent our k-3 in march and i've had my interview so it shouldn't be long for you, although I'm pretty sure I had a medical expedite since I'm pregnant.

Thanks for the quick replies. Kathryn, you've basically said what I've been thinking. It's not a huge deal to go back for awhile, my interview shouldn't be too far off anyway. It's been a long wait, we applied in March and just received our NOA2 a couple weeks ago, so we certainly don't want to mess things up. I just thought I'd throw the question out to VJ in case someone had some experience with this, in hopes of avoiding what will probably be a frustrating phone call(and if my experience with USCIS and the 129F process is any indication, it will be frustrating and yield few answers).

john_and_marlene, I have no I-94. When they were passing the I-94 forms out on the flight, I was told by the attendants that as a Canadian I didn't need one, and the immigration officer did not ask for one or give me anything beside the stamp in my passport.

[Mephys 2]

I had a B-2 stamped in my passeport when i went to Chicago on April 21st and it was good till October 20 2006 ( yeah bummer i could still be legally with my baby lol)

And no they dont give us that I-94.

[Reba 2]

Canadians are legally permitted to stay in the US for 6 months per year or *per visit, whichever comes first. If you'd been in the US for a stay prior to them stamping your visa with the B2 you would have to count that into your 6 months as well.

*For Snowbirds, they count the 6 months per stay, because most people who winter in the US arrive in November and leave in April, give or take.

I'd say call the POE where you got the B2 stamp, tell them the officer did not put an expiration date on it, and you would like to know when you're expected to leave. Remind them of the 6 month allowance for Canadians, and that you'd been here XX days so far this year.

[mozplay 29]

I am in the US now with the understanding that it is 6 months. While we probably won't need the whole 6 month allowance, I certainly am hoping that that really is the case.

Mo

[Kathryn41 3,205]

it should be unless you were told otherwise at the border. Remember - that is 6 months in any given year so if you have been in the US on another visit this year prior to this one to deduct the length of that stay from the six month total to give you how many days you can spend now.

[mercy 1]

Thanks for all the replies, I hadn't even thought about the 6 months being in one year, not per visit, which obviously makes much more sense. So in the end, it doesn't matter much how long the b2 visa is good for anyway, I need to leave soon so that I still have some days left here this year in case there are any further delays with our case. Thanks again everyone!

[am1996 0]

Canadians are legally permitted to stay in the US for 6 months per year or *per visit, whichever comes first. If you'd been in the US for a stay prior to them stamping your visa with the B2 you would have to count that into your 6 months as well.

Reba, I just came across your post and found it quite interesting. Would you mind posting a citation that says that it is 6 months per visit of per year, whichever comes first. I cannot find anything that says that (which probably just means that I'm blind).

[evergreen 0]

"Canadian citizens generally are not required to have a visa or a passport and may visit the U.S. for up to 6 months. However, Canadians must be able to prove their identity and citizenship to enter the United States. CBP will accept either a birth certificate, citizenship certificate or passport as proof of citizenship. If the Canadian citizen does not have any of these because they were lost or stolen, we emphasize that the burden of proof is on the traveler to prove that they are Candian citizens. Copies of correspondence requesting a replacement of documents, etc. might be accepted, but it is up to the CBP officer to determine whether or not such paperwork meets that burden of proof. Canadians coming as a Treaty Trader (and family), Fiances/Fiancees (and their children)and spouses and children of legal permanent residents are required to have a visa to enter the U.S.

Canadians may also apply for an additional stay of 6 months with the USCIS.

Residents of Canada who are landed immigrants generally need a passport and visa to enter the United States, unless they are a citizen of a country eligible for the Visa Waiver Program (VWP). If they are a citizen of a country eligible for the VWP, they are only required to have their valid passport. To obtain a list of countries eligible for the VWP, please reference the Department of State Web site at www.state.gov.

Also, Native American Indians born in Canada with at least 50% American Indian blood are exempt from having a visa and passport to enter the U.S. They should have their tribial identity card to present to the CBP officer. The burden of proof 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. "

[am1996 0]

Thanks, Evergreen. Would you mind posting a link to the source of the above quote.

Judging by the above, it sounds like you are allowed to spend more than 6 months in the US per year as long as your specific facts and circumstances do not cause CBP to think that you are a de facto US resident.

[diadromous mermaid 36]

Thanks, Evergreen. Would you mind posting a link to the source of the above quote.

Judging by the above, it sounds like you are allowed to spend more than 6 months in the US per year as long as your specific facts and circumstances do not cause CBP to think that you are a de facto US resident.

Extending stay requires submission of an I539, if memory serves and processing of that can take from 30-90 days. So, it'd be something that would have to be submitted well in advance of the expiry date, I'd imagine.

[am1996 0]

Thanks, Evergreen. Would you mind posting a link to the source of the above quote.

Judging by the above, it sounds like you are allowed to spend more than 6 months in the US per year as long as your specific facts and circumstances do not cause CBP to think that you are a de facto US resident.

Extending stay requires submission of an I539, if memory serves and processing of that can take from 30-90 days. So, it'd be something that would have to be submitted well in advance of the expiry date, I'd imagine.

Agreed, but that's not the question, however (I didn't phrase it correctly). The question was whether there is a limit of 6 months per stay or per year, whichever comes first. From what I've read at this point, it appears that there is NO such 6 month limit per year.

In other words, as long as CBP is satisfied that the person is not becoming a de facto US resident and grants 6 month stays every time, there does not seem to be a problem under the law with a Canadian citizen entering the country as a visitor for 6 months, leaving for a week, then coming back as a visitor for another 6 months.