Visiting Time

[WindowLove 1]

Hi,

So, I have been in the U.S. for 3 months now and prior to this I was in the states for 2.5 months, am I over the limit of days I can stay how does this work? Does this work by year of through 365 days? do short visits count too? 1-5 days etc? I also have a K-1 visa processing and just waiting for interview now, will this be a problem for them? Will I get denied an interview because of the length of stay I have had?

[Penguin_ie 5,996]

You are a Canadian citizen? If so you don;t need a visa; the guideline is 6 months in any rolling year.

[Teddy B 17,252]

Canadian citizens are usually allowed up to 6 months per visit. As stated 6 months in a calendar year is a good rule of thumb. It's a good idea to spend more time in Canada than the US, otherwise it could be viewed by Border Patrol that you are actually living in the US and you could be denied entry, especially with a pending K-1.

[WindowLove 1]

Can you please clarify rolling year vs calendar year? Are they the same? Or what is the difference? Yes I a Canadian Citizen. So it is 6 months per visit then?

[Teddy B 17,252]

Can you please clarify rolling year vs calendar year? Are they the same? Or what is the difference? Yes I a Canadian Citizen. So it is 6 months per visit then?

Sorry if I confused you when I said "calendar year", that's really not correct. It's 6 months per visit and usually within a 12 month period. It doesn't matter when that 12 month period starts. There is nothing etched in stone. The bottom line is if you are allowed entry and do not receive an I-94 or mandatory leave date stamp in your passport, you are allowed 6 months for that visit.

[WindowLove 1]

Sorry if I confused you when I said "calendar year", that's really not correct. It's 6 months per visit and usually within a 12 month period. It doesn't matter when that 12 month period starts. There is nothing etched in stone. The bottom line is if you are allowed entry and do not receive an I-94 or mandatory leave date stamp in your passport, you are allowed 6 months for that visit.

Oh, okay. Thank you. That does clarify it. I feel more relieved now. It was kind of stressful thinking I may be breaking the law without knowing it. Thank you, Teddy.

[Teddy B 17,252]

Oh, okay. Thank you. That does clarify it. I feel more relieved now. It was kind of stressful thinking I may be breaking the law without knowing it. Thank you, Teddy.

You're welcome! It can be very confusing sometimes. What CBP (Customs & Border Patrol) usually looks for is whether you are spending more time in the US or in your own country. They tend to frown upon anyone who spends more time in the US, because technically they are considered to be living here, which is a no no if you are here as a tourist.

Edited January 19, 2015 by Teddy B

[n0tr3adyy3t 0]

Canadian's can only stay in the USA for 4 months in a year, without filling in special form to extend to 6 months. It has been all over the news in Canada lately and every day counts even if it is only a grocery / gas run.

http://www.cbc.ca/news/canada/british-columbia/canadians-going-to-u-s-for-long-stays-need-to-be-mindful-of-changes-says-mp-1.2912096

[canadian_wife 1,827]

Did you actually read the article? It says 120 days for TAX PURPOSES.

Although the OP does need to me mindful of how her long stays in the US affects her tax status and health care benefits in Canada, her stay is not limited to 120 days - as the article also clearly states.

good luck