Visitor Visa Loophole?

[NinjaMax 14]

I am a Canadian Citizen and I take the BUS into the US

unlike going through an Airport you dont go through customs twice, so Canada dosent know if i left Canada and the US dosent know if I left the US, they just know the arrival dates.

From what ive read on this forum, US and Canadian customs dont share their travel information.

This is really confusing because last time I stayed for 3 months+ and I came back for another 4 months+ and they seemed to not know that ive been there for that long, my return ticket just says staying for a week and they take my word for it if i just say im visiting, nothing else.

Has anyone else experienced this and what are your thoughts on this situation? Im thinking I might aswell stay in the US until there is a decision on my k-1, its been 4 months since Filing so im sure a response will come next or the month after.

Thanks

[Marco&Bettina 502]

I am a Canadian Citizen and I take the BUS into the US

unlike going through an Airport you dont go through customs twice, so Canada dosent know if i left Canada and the US dosent know if I left the US, they just know the arrival dates.

From what ive read on this forum, US and Canadian customs dont share their travel information.

This is really confusing because last time I stayed for 3 months+ and I came back for another 4 months+ and they seemed to not know that ive been there for that long, my return ticket just says staying for a week and they take my word for it if i just say im visiting, nothing else.

Has anyone else experienced this and what are your thoughts on this situation? Im thinking I might aswell stay in the US until there is a decision on my k-1, its been 4 months since Filing so im sure a response will come next or the month after.

Thanks

[jtaylor 8]

http://canada.usembassy.gov/visas/information-for-canadians.html

Canadian citizens do not require a visa to enter the United States directly from Canada for the purposes of visiting or studying. However, as of 23 January 2007, all Canadians entering the U.S. require passports. For further information on passport requirements, please consult the relevant page on this site.

There are some exceptions to this rule -- for example, intending immigrants, fiances or investors must qualify for a visa before entry in the same manner as other nationalities. Other entrants, such as journalists, temporary workers or NAFTA professionals must present all necessary supporting documentation and/or approved petitions directly to a U.S. Customs and Border Protection Officer at the Port of Entry. For information on Visas orDoing Business in the United States, please see the relevant sections of this website.

Please be sure to check the U.S. Customs and Border Protection web site for the latest updates on U.S. entry requirements for Canadians and others.

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their initial entry. A visitor who intends to live, work or study in the U.S. without disclosing this information beforehand may be permanently barred from the U.S.

[NikLR 13,230]

US and Canadian customs now do share all entry and exit information.

You also never go through customs twice at an airport. Almost all Canadian airports have pre-clearance. You go through US customs and then security. On the way back into Canada you go through security in the USA and Canadian customs after landing.

But you cannot just "stay" in the USA beyond your 180 days. You have no legal status and after 180 days you are considered overstayed and can have a ban of 3 years (which means a fun $$$ waiver at interview time.)

[Boiler 45,767]

Customs are interested in what you are bringing into the Country, not what you are talking out.

North Korea may be an exception.

[NinjaMax 14]

US and Canadian customs now do share all entry and exit information.

You also never go through customs twice at an airport. Almost all Canadian airports have pre-clearance. You go through US customs and then security. On the way back into Canada you go through security in the USA and Canadian customs after landing.

But you cannot just "stay" in the USA beyond your 180 days. You have no legal status and after 180 days you are considered overstayed and can have a ban of 3 years (which means a fun $$$ waiver at interview time.)

Why havent they brought it up that I overstayed last time? If they do share information that wouldve shown up, thats why I am confused.

[Dohan 133]

If you are currently in the US and it has been 6 months since you last arrived, you really should go back to Canada because of what was explained above with the overstaying issue. Why overstay when you are so close? It is true that no one is stopping you entering back in, and staying for another 6 months, note SIX months at a time only.

Now, once your K-1 is approved, you're gonna have to go back to Canada and re-enter with the K1 so you activate it.

So, I just saw your post while I was writing this and apparently you overstayed... I honestly don't know what the proper answer is but I can tell you for sure it can come up in the future either when you adjust or when you apply for citizenship, if you ever decide to do so.

By how much did you overstay? Was your passport checked at the border? I haven't travelled between US and Canada in 4 yrs so I don't know if they stamp at entry now.

Edited January 20, 2015 by Dohan

[NikLR 13,230]

Why havent they brought it up that I overstayed last time? If they do share information that wouldve shown up, thats why I am confused.

It's a fairly recent border plan between the CBSA and CBP.

I have no idea why you're even flirting with the issue.

Yeah being apart sucks. I was married May 2012 and didn't get to live with my husband until June 2013. I was lucky my journey was so quick. I was a great deal more fortunate than most. Some others were quicker and I was super happy for them, but they didn't try to skirt around the system, which I have no tolerance for. Maybe I have zero sympathy for you and should stop commenting, which is what I'm going to do.

Don't break the law and don't talk about breaking the law on VJ. It's a TOS violation, FYI.

[NikLR 13,230]

BTW, what I am referring to is you talking about lying to the CBP about your duration of stay, which it sounds like you're doing purposefully.

[NinjaMax 14]

It's a fairly recent border plan between the CBSA and CBP.

I have no idea why you're even flirting with the issue.

Yeah being apart sucks. I was married May 2012 and didn't get to live with my husband until June 2013. I was lucky my journey was so quick. I was a great deal more fortunate than most. Some others were quicker and I was super happy for them, but they didn't try to skirt around the system, which I have no tolerance for. Maybe I have zero sympathy for you and should stop commenting, which is what I'm going to do.

Don't break the law and don't talk about breaking the law on VJ. It's a TOS violation, FYI.

wow calm down, are you the border police?

I was asking a simple question because I didnt know how the law worked, and if they didnt bring it up to me how am I suppose to know whats going on with them?

[Boiler 45,767]

Why havent they brought it up that I overstayed last time? If they do share information that wouldve shown up, thats why I am confused.

You said you visited for 3 months then 4 months? So where is the problem?

[NinjaMax 14]

BTW, what I am referring to is you talking about lying to the CBP about your duration of stay, which it sounds like you're doing purposefully.

No I didnt lie, I was going to stay for a week and then that storm winter storm hit so I changed my ticket, realised I might aswell stay for new years and my fiances birthday.

Im glad youre one of those people that cares more about border police than someone trying to be with their fiance.

You said you visited for 3 months then 4 months? So where is the problem?

thats where I am confused.... isnt that considered 7 months, those were 2 separate instances? Or do the 180 days start upon entry?

[NikLR 13,230]

I care more about not breaking the rules so that everyone has it easier. People who break the rules are the ones that make it harder on people who always try to play it straight. I don't try to find loopholes to help myself do things. Yes, it makes me angry when people do that, so if you're genuinely not, while it seems like you are, I apologize for getting upset. I just is one of those things that makes me automatically angry and annoyed.

You're looking at possibly getting a ban, which BAFFLES me as to why you would want to do that. I just cannot process WHY you would jeopardize your visa journey. Like I said, i get that being apart sucks and I spent my fair share crying when it happened, but it's just a part of the process. It's just a suck it up and deal with it type of issue to me.

It is 180 days per 365. The clock doesn't reset at the beginning of the calendar year. There is some debate in the Canada forum as to if it's per calendar year or per 365 however. I've seen people get away with per calendar year. But getting away with and being legal may be two different things.

<eom>

[NinjaMax 14]

I care more about not breaking the rules so that everyone has it easier. People who break the rules are the ones that make it harder on people who always try to play it straight. I don't try to find loopholes to help myself do things. Yes, it makes me angry when people do that, so if you're genuinely not, while it seems like you are, I apologize for getting upset. I just is one of those things that makes me automatically angry and annoyed.

You're looking at possibly getting a ban, which BAFFLES me as to why you would want to do that. I just cannot process WHY you would jeopardize your visa journey. Like I said, i get that being apart sucks and I spent my fair share crying when it happened, but it's just a part of the process. It's just a suck it up and deal with it type of issue to me.

It is 180 days per 365. The clock doesn't reset at the beginning of the calendar year. There is some debate in the Canada forum as to if it's per calendar year or per 365 however. I've seen people get away with per calendar year. But getting away with and being legal may be two different things.

<eom>

Alright thanks,

Ive been staying no more than 3-4 months at a time, going back to Canada waiting for a few months and coming back again, they seem to never bring that up.

The next time I come back is with a valid k-1 visa (hopefully), I should be fine right? and that $$$ waiver you were talking about only applies to someone who has been banned?

[Teddy B 17,252]

I don't see any problem with what the op has done so far. A 3 and 4 month visit are perfectly within the law. Canadian tourists are allowed 6 months per entry, the calendar year has nothing to do with it. Also Canadian tourists are considered to be in a Duration Of Stay status which means they are not eligible for any bans if they do overstay. But it is never a good idea to overstay as CBP can implement their own type of ban by simply refusing entry.

To the op, the usual rule of thumb is to spend more time in Canada than in the US. Usually Border Patrol will let you know if you're pushing the limits and will tell you that after this visit you need to stay out of the US for a while.

Edited January 20, 2015 by Teddy B