Canadian on B2 Visa - How many days can I stay?

[Casey_ 5]

Hello,

 

As a Canadian on a B2 Visa, how many days per calendar year can I stay in the US? 

 

I entered the country in December, then flew back to Canada in February. I re-entered the country in April and according to my i94, my 'admit until date' is in October. 

 

At this point in time I've been in the US for a total of 107 days inconsecutively.

 

I am currently awaiting my interview at the consulate in Montreal for my green card(I'm married to another green card holder), and I have been filing taxes in the US for 2 years.

 

Any help on the matter would be greatly appreciated.

 

Thank you

 

[JacobP 186]

From what I understand, the date on the I-94 is the date you're allowed to stay until, full-stop. The time period you'll hear all the time is "6 months within a 12-month period", but I'm not sure how official that is.

Edited June 15, 2020 by JacobP

[SusieQQQ 11,587]

There is no official number of days in a year (and nothing in US immigration works on “days per calendar year”). The rule of thumb is more days outside the US than in on a tourist visa, and the unofficial guide is twice as many days out than in. None of this is stated anywhere, and as above, on any given entry you’re entitled to stay until the expiration of your i94. Nobody will say anything to you before /when you leave. CBP assesses on entry. You’ll find out on a subsequent entry attempt if CBP has decided you’re spending too much time in the US to be consistent with a tourist visa.

 

Are you filing taxes in the US simply because your spouse is a green card holder? 

[Casey_ 5]

2 minutes ago, SusieQQQ said:

There is no official number of days in a year (and nothing in US immigration works on “days per calendar year”). The rule of thumb is more days outside the US than in on a tourist visa, and the unofficial guide is twice as many days out than in. None of this is stated anywhere, and as above, on any given entry you’re entitled to stay until the expiration of your i94. Nobody will say anything to you before /when you leave. CBP assesses on entry. You’ll find out on a subsequent entry attempt if CBP has decided you’re spending too much time in the US to be consistent with a tourist visa.

 

Are you filing taxes in the US simply because your spouse is a green card holder? 

Thank you for your response, it's helpful. So it's based subjectively on the CBP.

 

Yes, I'm simply filing because my spouse is a green card holder.

 

For the past 3 years, I've been flying into the US, staying for 2 months and then flying back to Canada and staying there for 2 months. My concern now is with the pandemic - how it's completely halted immigration and my fear of spreading it through air travel.

 

 

[SusieQQQ 11,587]

25 minutes ago, Casey_ said:

Thank you for your response, it's helpful. So it's based subjectively on the CBP.

 

Yes, I'm simply filing because my spouse is a green card holder.

 

For the past 3 years, I've been flying into the US, staying for 2 months and then flying back to Canada and staying there for 2 months. My concern now is with the pandemic - how it's completely halted immigration and my fear of spreading it through air travel.

 

 

That’s obviously been fine. I suspect if though for example you stayed through October this time, then tried to come back again in December, they’d have something to say. 

You can obviously get home though right- nothing stopping Canadians going back to Canada? If you entered in April that was already after a bunch of shutdown measures were underway in the US as well as after the US-Canada border shut to non-essential travel, and numbers are  slowing in both countries now after April peaks, so I’m not sure I understand the “fear of spreading” arising now vs then.

 

Edited June 15, 2020 by SusieQQQ