Visitor Visa Loophole?

[NinjaMax 14]

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.

thank you, that makes sense now

[Sweetcheeksss 91]

I was doing the same thing, going for 4 months, coming back for a couple. going again. I never thought much about it. Till the border guard told me I had been spending too much time in the US, that my ties to Canada were too weak and they "advised" me not to try and cross for, at minimum, six months. And even when/if I tried then, I'd have to have extra strong proof that I had a life in Canada to return to.

[NinjaMax 14]

I was doing the same thing, going for 4 months, coming back for a couple. going again. I never thought much about it. Till the border guard told me I had been spending too much time in the US, that my ties to Canada were too weak and they "advised" me not to try and cross for, at minimum, six months. And even when/if I tried then, I'd have to have extra strong proof that I had a life in Canada to return to.

but lets say you came back with a k-1 visa, they wouldnt care about those 4 month visits that you did?

[Sweetcheeksss 91]

Nope they didn't care. I suppose it looked like I was trying to "live" in the US illegally. Once you have proof you've got a K1 I'm sure there will be no issues.

[Teddy B 17,252]

but lets say you came back with a k-1 visa, they wouldnt care about those 4 month visits that you did?

They may only care if you had overstayed your 6 months on a previous visit, otherwise it doesn't matter. The K-1 shows you have immigrant intent and are planning on staying in the US anyway, so there's nothing to worry about in that regard.

[Boiler 45,756]

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.

Agree

[LiliBurd 85]

I know many snowbirds that stay for more than 6 months and never have issues going back. My sisters in-laws usually spend about 9 months there and come back for a few months, they even sold their house in Canada and had no issues going back. Of course our situation is different because we are engaged to Americans. I don't think there would be any issues with what you want to do as you're allowed to visit for 6 months, even more so if your next entry would be with K-1.

It's kind of funny to me that you think travelling by bus is less of an issue... I usually travel by plane and going through preclearance at the Montreal airport is usually pretty easy. However in December I took a bus to Boston to leave from that airport and the CBP officer was scary wanted to see letter from employer, paystub, utility bills. So from now on I'm only taking the plane! But good for you if you don't have issues and best of luck!

[raven52 233]

I have really enjoyed reading, and learning reading this thread. Both the OP and one poster, did great jobs posting their beliefs.

While I know nothing of Canadian law, it would seem to me that Teddy B may make more sense, and the rationale is very convincing.

[raven52 233]

I have really enjoyed reading, and learning reading this thread. Both the OP and one poster, did great jobs posting their beliefs.

While I know nothing of Canadian law, it would seem to me that Teddy B may make more sense, and the rationale is very convincing.

[templeton 120]

I believe the phase of the program that was to put in place to reconcile land border entries and exits of CITIZENS was supposed to be implemented in June of 2014. I read recently that it was put on hold indefinitely. Earlier phases that applied to non-citizens (visitors and PRs) are still in effect.

http://www.cbc.ca/news/politics/border-agency-backs-down-on-cross-border-data-bank-1.2686791

I too tried investigating what is considered overstaying. Yes, you get 6 months per year. But ask 10 people and you will get 10 different answers as to what constitutes a "year". Is that in a calendar year? A 365 period starting from your first visit? Who knows? The criteria used to determine if you've overstayed isn't very clear, and depending on who's doing the math, you may or may not have overstayed. Mainly it seems to boil down to the discretion of the CBP officer.

In the end, I think if you are a Canadian citizen, and crossed at a land crossing, you can probably assume that your stay durations have not been recorded. I never had any problems.

[Teddy B 17,252]

This link from a USCIS field manual is a good read. It's a bit long but explains everything you need to know about overstays, unlawful status, unlawful presence, inadmissability, Duration Of Status and the 3 and 10 year bans.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

Edited January 21, 2015 by Teddy B