Questions about Canadians overstaying in USA

[NikLR 13,232]

I was simply restating it for all those (because being captain obvious suits me... just like being what you are suits you) who may be unsure about how long they have to wait to 'reenter.' Also handy, I thought, was the list of "proofs and ties".

Last I looked, you're not Canadian either.

[Boiler 45,946]

Always a tricky one, but usually for those pushing it, not normal tourists.

[Teddy B 17,252]

Canadians do not get I 94's, well so I have read.

For the most part, no. Unless Border Patrol considers a person to be an immigration or criminal risk.

Not so funny story. I was given the Canadian equivalent of an I-94 on one of my trips to visit my wife. I was crossing at the notorious Detroit/Windsor Tunnel back in 2011. The Canadian Border Patrol Officer asked me if I had ever been arrested. I answered yes, in 1986 I was arrested for possession of marijuana. She proceeded to tell me that she could deny me entry for that. I wanted to say "You're kidding right?" That was 25 years ago. She asked me how long I was staying in Canada for, I told her 5 days. She proceeded to give me the I-94 with an exit date for 6 days. She also told me that I would be flagged in their system. I was in disbelief, but figured I still got to go see my wife, so I should get while the gettin was good. This has never happened again since that time. I doubt I was ever flagged, because it's never come up in over 8 border crossings since then. I have never had the least bit of problems crossing into Canada after that. I have also never crossed at the Detroit/Windsor tunnel again, and never will.

Does anyone know if the Canadians call it an I-94 too, or does it go by some other name? I can't remember what the officer said it was called.

[CanGirl 95]

My husband got one too when he had to drive me back into Canada. I was refused at the US border because they thought I was trying to live there illegally. So when we told the Canadian border I was refused and that he was just driving me back they gave him a paper that limited his stay for 1 week. He had to stop at the border on his way back and give it back to be sure he left the country and didn't try to stay with me illegally. This was at the Port Huron crossing BTW in Michigan. Since then he has had no other problems crossing.

[Teddy B 17,252]

My husband got one too when he had to drive me back into Canada. I was refused at the US border because they thought I was trying to live there illegally. So when we told the Canadian border I was refused and that he was just driving me back they gave him a paper that limited his stay for 1 week. He had to stop at the border on his way back and give it back to be sure he left the country and didn't try to stay with me illegally. This was at the Port Huron crossing BTW in Michigan. Since then he has had no other problems crossing.

I had to stop at the Canadian side on my way home to turn in the paper too. The officer took the paper from me and said have a good day. I said don't I get some type of receipt that says I left on time? He said "no, I'll take care of it". I was a bit leary of leaving without some sort of receipt, but figured I shouldn't push it. The officer came out to the parking lot and watched me drive over to the US border crossing to make sure I left.

Edited April 11, 2014 by Teddy B

[Maria and Jason 55]

the reason Canadians usually don't stay in the us more than 6 months a year is for taxation and benefits in Canada, like health care...

[Allanah and Chris 8]

They can tell when you left when you fly. I read on here a while back where someone had a ticket to leave the country during their K-1 visa period and their AOS was denied for "leaving". The issue in the post was that they never boarded the plane but was still flagged as having left the country because they were on the passenger manifest.

I just learned from my NEXUS mailings that they now share (December 2013) when you leave at land POE's too.

[Rob & Monika 87]

I just learned from my NEXUS mailings that they now share (December 2013) when you leave at land POE's too.

I was going to mention that, but I didn't think all crossings did that. I know they were working towards sharing data at the borders, but I thought I had read a year ago that they were only doing this at 4 crossings and only for citizens other than US and Canada. Now that I'm looking back through the articles on this, it looks like the second phase started last June, which was to start setting up all crossings for data sharing, but it still looks like they share just foreigners other than Americans/Canadians.

http://www.cbsa-asfc.gc.ca/btb-pdf/eeis-ponerep-sdes-rappun-eng.html

Edited April 14, 2014 by Rob & Monika

[Allanah and Chris 8]

I was going to mention that, but I didn't think all crossings did that. I know they were working towards sharing data at the borders, but I thought I had read a year ago that they were only doing this at 4 crossings and only for citizens other than US and Canada. Now that I'm looking back through the articles on this, it looks like the second phase started last June, which was to start setting up all crossings for data sharing, but it still looks like they share just foreigners other than Americans/Canadians.

http://www.cbsa-asfc.gc.ca/btb-pdf/eeis-ponerep-sdes-rappun-eng.html

I thought Phase II included LPR's as well, but I may be mistaken.

[Lemonslice 4,960]

Slightly related, you might have to file taxes (or some kind of disclaimer), if you visit often and don't even live in the US. See: http://www.irs.gov/taxtopics/tc851.html

To meet the substantial presence test, you must have been physically present in the United States on at least:

1. 31 days during the current year, and
2. 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count:
   • All of the days you were present in the current year, and
   • One-third of the days you were present in the first year before the current year, and
   • One-sixth of the days you were present in the second year before the current year.

[inlovesalem 17]

Only time we get an i-94 is if they stamp us to leave by a certain date (happened to me my third trip down).

We didn't chance having any problems adjusting status and got married 6 months to the day I entered last time.

The type of work I was doing I didn't have to be in the country, so in the last 2 yrs, I've been in the US more than Canada 23 months out of 24...... we were approved on the spot.

(and yes we were also concerned about the amount of time I had spent here as well, but it was never an issue)

((not saying this will be the case for everyone))

Edited April 22, 2014 by inlovesalem