Canadian Citizen in the US. Which takes precedence? I-94 Admit Date or Passport Wetstamp?

[Squishydreams 0]

Hello Everyone,

I am trying my best to clairify what rules apply to Canadians when visiting the U.S. on a B2 Class.

My story is not unique. Met an American man who was in Canada on an ex-pat assignment, was transferred back to Houston and I decided to take a chance on love and try it out.

I was admitted to the U.S on May 5, 2013. My partner and I travelled to Paris in June and returned to the U.S. on June 19, 2013.

I returned back to canada in late June and re-entered the U.S. on July 6, 2013.

Based on my research, I have found contradictory information. Now that the the I-94 info is available online, Canadians indeed have an I-94 number, but they never required a hard-copy of it in the past. I am a B2 class, with an "Admit Until Date of December 18, 2013. this is six months after I returned from Paris.

However, my wetstamp in my passport indicates that I am a Class B2 and I am valid until January 5, 2014.

1) So, which one takes precedence?

This also opens up a whole new opportunity. Because I do indeed have an I-94 number, I technically can apply to extend my stay as a non-immigrant in the U.S. (I-539) But i have not found any information about Canadians being required to fill out this form. Even the CBP website mentions that:

"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. (See list attached.)"

Do I try and submit an 1-539 application to stay in the U.S.?

I work at a University and my supervisor is on sabbatical. Which puts me on a form of sabatical as well. I have recurring part-time work with my supervisor that requires me to come back to Canada for approximately 10 days every 1.5-2 months. I have active employment, an employment offer letter, a healthy bank account balance, receipts for my rent, utility bills, cell phone, A copy of my canadian income tax filing and all of the other inormation that the CPB may ask for on their list that shows ties to Canada. Obviously if things continue to work out, there will be either an application for a K1 visa or marriage in 2014. I would rather not resort to that if I can continue to enter under my current circumstances.

Any thoughts or forums/people I should consult with?

Thank you

[Harsh_77 718]

Your original I-94 with expiry date of Dec was voided when you returned back to Canada, your new I-94 is the one that is valid I-94 and had the valid date.