Does being Canadian affect this?

[payxibka 10,047]

Just now, designguy said:

There is no special "Canadian" visa. When you enter as a Canadian you enter on a B2 visitors visa UNLESS you enter on a specific visa cateogory (as you did). The date you are permitted to say in the US is the date on your I-94. Also a B2 grants you a stay for 6 months not 8 months (unless the stay is extended or a different date is stamped on your I-94)

Be careful,  Canada is the only nation with true visa free admittance as a visitor and has a different maximum allowable stay

[geowrian 22,338]

Bring Canadian has no impact on the legal stay granted on K-1 status.

[K1visaHopeful 2,872]

43 minutes ago, Mrsjackson said:

Not trying to have anything both ways just trying to ascertain how it all works. Entering on a K1 with a Canadian passport. It’s not cut and dry to me. So your assertion is the expiry on the K1 is when I started accruing unlawful presence? Do you know for certain? 

Yes for certain!!!! The I94 for a K1 only grants a 90 day entry. After that you have no lawful presence in the US regardless of what country you came from. You are not a nonimmigrant tourist. You are an immigrant K1.

[Lana&Ivy 215]

3 minutes ago, Mrsjackson said:

I don’t think anything about immigration and US visas is common sense. I think it’s perfectly valid to try and find out exactly how it works. How is it common sense? They could have easily made it so that a Canadian’s citizenship means they can stay longer than the 90 days granted to a K1. It’s not that way so end of story. I don’t think that’s common sense, I think that’s just how this is set up. I really don’t understand why users get berated on this site for asking questions, when that’s literally what this site is for. 

Your I-94 dictates how long you are allowed to be in the US.  K-1 rules are very clear. You are not here on a tourist visa so tourist visa rules do not apply.

[Boiler 45,932]

8 months?

 

Since when?

[payxibka 10,047]

9 minutes ago, Boiler said:

8 months?

 

Since when?

Since the proposed Canadian Snowbird rules that never went into effect.   Internet legends live on from watching too many YouTube videos

 

IRS was salivating from the new source of tax revenue.

Edited August 21, 2019 by payxibka

[Boiler 45,932]

5 minutes ago, payxibka said:

Since the proposed Canadian Snowbird rules that never went into effect.   Internet legends live on from watching too many YouTube videos

So many proposed rules difficult to keep up.

[Just Paul 4,595]

1 hour ago, Mrsjackson said:

I filed my AOS a little late (literally one day under 180 days). So normally that would be an overstay.

Overstay Forgiving when married to an USC, Forgotten when filed for AOS, Irrelevant when you got your AP.  If you hadn't filed AOS and left you would have an overstay because you entered on a K1,

 

[belinda63 3,041]

What does your I-94 say? That is how long your authorized stay is.

[geowrian 22,338]

12 minutes ago, Paul & Mary said:

Overstay Forgiving when married to an USC, Forgotten when filed for AOS, Irrelevant when you got your AP.  If you hadn't filed AOS and left you would have an overstay because you entered on a K1,

 

Not quite the exact rules, but usually how it goes.

 

Overstay is never “forgiven”/“forgotten”/whatever. But if and how it impacts an individual depends on their circumstances and what they want to do. Specifically, it is not a bar for AOS purposes when married to a USC. Overstay does not continue to accrue once AOS is filed. Overstay will not incur a bar if one exits the US with valid AP and re-enters via it. But there are still circumstances where the overstay can matter (notably if AOS is denied, or if they ever surrender their permanent residency in the future).

Edited August 21, 2019 by geowrian

[Mrsjackson 300]

3 hours ago, TL2016 said:

You absolutely should ask any and every question you may have in order to clarify a situation. However, I think people are getting a bit stern because it looks like you’re pushing back on an answer that has been given a few times in this thread already. 

As others have said, your citizenship does not matter at all when entering in a K-1 visa. The visa comes with certain requirements and restrictions, such as the 90 day restriction for example. If you entered as a visitor that’s a totally different scenario, but it simply does not apply here. 

 

Edit: Overstays are forgiven for spouses of US citizens anyway, so it’s not a huge concern in the long run unless you didn’t get married within 90 days on a K-1.

I was getting specific but not pushing back at all. Completely accepted all information. 

[Mrsjackson 300]

Just now, Lemonslice said:

They're still only allowed 6 months at a time.

Okay. Never argued that? 

[SalishSea 18,077]

4 hours ago, Mrsjackson said:

Lol no one said anything about a special Canadian visa. I’ve only referred to Canadians generally being admissible for a longer period of time than most countries, which is fact. Why is everyone so huffy on this site? 

The parameters of the K-1 and subsequent AOS are no different for Canadians than for people of other citizenships.  That’s what folks are trying to get at.

[Mrsjackson 300]

37 minutes ago, Jorgedig said:

The parameters of the K-1 and subsequent AOS are no different for Canadians than for people of other citizenships.  That’s what folks are trying to get at.

And that’s what I’ve learned here. Which is what the purpose of this whole post was. This is seriously all the information I was looking for. People have gotten ultra defensive because I’ve asked them to clarify their answers. I haven’t argued with any of the information given to me here. This is ridiculous. 

[Lemonslice 4,953]

1 hour ago, Mrsjackson said:

Okay. Never argued that? 

Just wanted to make sure no one thought it was 8 months when they planned their next vacations. Didn't think you were argumentative, just what you originally stated.