Extended stay in US while waiting on K-1 with car

[Kathryn Baer 1]

I will be going to see my fiance for two weeks in February. but we have been talking about me going there for an extended stay (4 or 5 months). So we were thinking that once I get back to work on February 21, 2017, I would hand my request for a Leave of Absence to my boss, stay in Canada for two weeks to do my taxes, clear bills, etc, and then go back for 4 or 5 months.  

 

His car is currently dying on him, and we had the idea of me selling my vehicle to him for him to use as it is much more fuel efficient anyway and would save him oodles of money. I would book a return flight home as I would be driving over the border with my vehicle to enter the USA and then flying back home once my time in the USA as a visitor is up (I wouldn't be overstaying my allowed time of 182 days out of a calendar year). Since Idaho isn't a state that recognizes common-law as a legally binding agreement, we would be living together during my stay. I also recently purchased a mobile home which I could use to show ties to Canada, along with a letter from my boss stating I am taking a Leave of Absence, bank statements, recent pay stubs, and a copy of my itinerary for my one-way flight home once my time is up. 

 

Just wondering if anyone else has visited their fiance for this amount of time, driven over the border while waiting on their K-1 (we have received our NOA1 at the end of November), if it would work to sell my vehicle to him, etc.

I have looked into what is all needed to be brought along to the interview at the consulate in Montreal, so I have most of that stuff together already (Packet 3). In regards to the interview & medical, I would make a trip to Montreal to do both the medical & interview there in the same week (assuming I'd be able to pick up the medical results in person and not have them mailed to my home in La Crete, AB). After the interview I would return home to be with my family as I wait on the Visa package to arrive in the mail (if I am approved of course). 

[KierenHby 899]

Why sell a car to a fiance? Who does that? Transfer the title, no? 

Not 182 days; it's 180 days max on a B2. 

[Kathryn Baer 1]

32 minutes ago, KierenHby said:

Why sell a car to a fiance? Who does that? Transfer the title, no? 

Not 182 days; it's 180 days max on a B2. 

To transfer the title, would he not have the "import" the vehicle from Canada into the USA because he "purchased" it?

 

Everyone seems to say something different when it comes to how long Canadians can stay in the USA and vice-versa. Some say 182, some say 180, others say 120. But really, who's right? When trying to search stuff on official government websites, there's nothing.  

[KierenHby 899]

Oh.. not sure about vehicle ownership laws between the US and Canada. 

This official CBP site says 6 months, but the standard definition I've read everywhere is 180 days. 

[Kathryn Baer 1]

3 minutes ago, KierenHby said:

Oh.. not sure about vehicle ownership laws between the US and Canada. 

This official CBP site says 6 months, but the standard definition I've read everywhere is 180 days. 

I'm thinking maybe I should stay for about 4 months (March - June) that way if our visa hasn't made progress by then I can still go back to visit before the end of the year. 

[KierenHby 899]

Should be fine if that works for ya..

[NikLR 13,228]

Importing your car at this time vs when you have your K1 will be expensive.  You'd have to pay full duty on it.  If you sell it to him either before or after, the duty needs to be paid.  If you import it after obtaining your K1 you shouldn't have to.  

 

I also wouldn't bet on the CBP allowing you to cross for such a long stay.  

[NikLR 13,228]

The 182 days btw is for the OHIP.  If you live in Ontario and stay out of the province for 182 days or more per year, you can lose your OHIP coverage.   At least as I understand it, I could be wrong but look on your provincial health care website. 

 

Also staying too long in the USA may mean you have to file taxes there as well. 

Edited January 28, 2017 by NikLR

[NikLR 13,228]

~~moved to Canada regional forum as topic is Canada specific and not a progress report about a K1 case~~