How long am I allowed in the US as a Canadian Citizen?

[stephcee 28]

I have been Googling, but keep getting mixed answers. Some have said 182 days within 12 months. Others have said 6 consecutive months every time you enter the States. Does it all end up being dependent on the border agent?

 

I was in Texas visiting my fiance from February 25, 2020 to June 13, 2020. The I-94 that I was given stated that I must leave by August 24, 2020. I counted and that was exactly 182 days. However, I had been in the states for about 10 days in January 2020  and 3 days in September 2019. This is why I am confused. If we are only allowed 182 days, then wouldn't my date to leave by 182 minus however many days I was in the country in the past 12 months?

 

I am trying to plan another long trip like the one I had earlier this year, but I'm not quite sure how long I can actually stay. I will be flying down again in September for a week and a half. After that trip, I will have been in the USA for 122 days (if we start counting from Feb 25, 2020). Therefore, from my understanding, I will only be allowed another 60 days. I did the math and 60 days prior to February 24th 2021 (12 months after I arrived) is December 26, 2020. I am wondering if I enter the states in January, will I be able to be there for 60 days, and then another 182 after February 24th, 2021? Or will I still only be allowed 6 months?

 

I apologize if this post is all over the place. I'm just trying to spend as much time with my fiance as I am allowed to without jeopardizing my chances of living in the States legally. He lived here in Canada with me for about a year and a half but ended up getting a really great job opportunity back at home so he took it and we applied for the K1 visa (we got engaged before we knew he was moving back). We were in a long distance relationship before, but didn't realize how much harder it would be the second time around, especially considering the current conditions. 

 

Hope someone can help! We are considering talking to a lawyer but I thought it may be helpful to see if we can get some information from people in the same situation first. 

[Duke & Marie 1,389]

Go by the i94 because entry duration can be adjusted at Poe by CBC irrespective of maximum visa duration permission.

[Ontarkie 14,439]

Frequent visits close together like you are doing is a good way to get turned around. You just left and already planning to come back. Rule of thumb is being out twice as long as your visit. I would not risk a September visit. 

[stephcee 28]

13 minutes ago, Ontarkie said:

Frequent visits close together like you are doing is a good way to get turned around. You just left and already planning to come back. Rule of thumb is being out twice as long as your visit. I would not risk a September visit. 

My trip in September is only for 12 days. I am not planning another long trip until the beginning of 2021, unless the consulate in Montreal is up and running soon. If I went by this "rule of thumb" I shouldn't go visit for another 7 months after I returned to Canada. That's unrealistic. We saw each other more often than that the first time we were long distance and never had an issue. 

[Ontarkie 14,439]

~~Moved to Tourist Visas, from the Canada forum- as the OP is asking about visiting.~~

[Lemonslice 4,963]

2 hours ago, stephcee said:

My trip in September is only for 12 days. I am not planning another long trip until the beginning of 2021, unless the consulate in Montreal is up and running soon. If I went by this "rule of thumb" I shouldn't go visit for another 7 months after I returned to Canada. That's unrealistic. We saw each other more often than that the first time we were long distance and never had an issue. 

 never had an issue. - So far. When they see a pattern of living in the US for many months at a time, they tend to get more stringent.  From what I noticed, long trips are flagged more often than regular, shorter trips.  I usually visited once or twice a month, for 2-5 days at a time, with a few more weeks of vacations during the summer.  Months at a time is raising the question on how you are supporting yourself, are you working illegally, etc. 

 

Something else to consider, is the IRS Substantial presence test. 

 

Best of luck. 

 

[stephcee 28]

7 hours ago, Lemonslice said:

 never had an issue. - So far. When they see a pattern of living in the US for many months at a time, they tend to get more stringent.  From what I noticed, long trips are flagged more often than regular, shorter trips.  I usually visited once or twice a month, for 2-5 days at a time, with a few more weeks of vacations during the summer.  Months at a time is raising the question on how you are supporting yourself, are you working illegally, etc. 

 

Something else to consider, is the IRS Substantial presence test. 

 

Best of luck. 

 

I had one long trip and won't be planning another one until about a year after my arrival the first time. This is no different than the people who have vacation homes down in Florida and spend winters there. 

I have proof that his salary can support us both, I have a car and home in Canada that I am making payments on, and I have a letter from work saying they are expecting me back. I've talked to a lawyer and done some research on proving my intent is just to visit and return home. 

My question isn't will I be flagged. My question is how long can I legally be in the country so I don't jeopardize my application. 

[Canerican 242]

27 minutes ago, stephcee said:

I had one long trip and won't be planning another one until about a year after my arrival the first time. This is no different than the people who have vacation homes down in Florida and spend winters there. 

I have proof that his salary can support us both, I have a car and home in Canada that I am making payments on, and I have a letter from work saying they are expecting me back. I've talked to a lawyer and done some research on proving my intent is just to visit and return home. 

My question isn't will I be flagged. My question is how long can I legally be in the country so I don't jeopardize my application. 

It does not matter what you are planning, but CBP’s perception. 
 

A poster recently stated that his sister entered on a tourist visa for 5 months in July 2018 and then when his sister went home and attempted to enter again in July 2019 she was given a 5 year ban because CBP suspected she was working. That was pre-COVID. Keep in mind that if you do attempt your plan and get a ban that he will have to come visit you for the remainder of your K-1 wait. You also have added immigrant intent with your K-1 petition so if you are coming for frequent visits CBP may think you are going to adjust status upon entry. 

You mention people who come to Florida. They are usually retirees who are elderly. What retiree who has lived there life, and worked hard, is going to do something illegal. Also they probably have a pretty extensive record of coming to the US and returning after their visit. 
 

Ultimately the choice is yours, but in my opinion, I would wait until at least February to do another visit. As @Ontarkie said, who has been on this forum 7+ years, general rule if thumb, “remain outside the US twice as long as you are in the US.” 

[JP John 65]

There is a formula they use over the past 3 years when it comes to taxes etc.  I forget now but my accountant in Canada knew exactly how to calculate it and I was just barely under it.  As far as other rules no clue!

 

Edited August 13, 2020 by JP John

[NikLR 13,232]

There IRS and healthcare issues if you spend too much time in the USA.  For instance too many days and you could lose your provincial healthcare and it generally takes 90 days to get it back.  Too many days and you may have to file a US tax return. 

 

Choose the visits wisely and remember right now each return to Canada requires a 14 day self-isolation before you can work, get groceries, or visit with family and friends. 

[mushroomspore 3,044]

2 hours ago, stephcee said:

I had one long trip and won't be planning another one until about a year after my arrival the first time. This is no different than the people who have vacation homes down in Florida and spend winters there. 

I have proof that his salary can support us both, I have a car and home in Canada that I am making payments on, and I have a letter from work saying they are expecting me back. I've talked to a lawyer and done some research on proving my intent is just to visit and return home. 

My question isn't will I be flagged. My question is how long can I legally be in the country so I don't jeopardize my application. 

As others have noted, going by the I-94 is the best bet. Ultimately, it doesn't really matter what you plan. The only thing that matters is how it looks to the CBP agent you end up getting. Just because your next trip in September is going to be super short and within the accepted time allowance for Canadian visitors is not equal to being allowed entry into the US. The CBP agent will look at the totality and timeline of your US visits, which you've had a lot of and fairly long ones too. If he/she believes you have sufficient immigrant intent (having a US boyfriend and you point out that HIS salary can support you both and the pending K1 petition), they will simply turn you around. These elements I pointed out can be enough for a CBP agent to think twice.

 

Also, things have changed due to COVID.

Edited August 13, 2020 by mushroomspore

[INF 96]

16 hours ago, stephcee said:

I have been Googling, but keep getting mixed answers. Some have said 182 days within 12 months. Others have said 6 consecutive months every time you enter the States. Does it all end up being dependent on the border agent?

 

I was in Texas visiting my fiance from February 25, 2020 to June 13, 2020. The I-94 that I was given stated that I must leave by August 24, 2020. I counted and that was exactly 182 days. However, I had been in the states for about 10 days in January 2020  and 3 days in September 2019. This is why I am confused. If we are only allowed 182 days, then wouldn't my date to leave by 182 minus however many days I was in the country in the past 12 months?

 

I am trying to plan another long trip like the one I had earlier this year, but I'm not quite sure how long I can actually stay. I will be flying down again in September for a week and a half. After that trip, I will have been in the USA for 122 days (if we start counting from Feb 25, 2020). Therefore, from my understanding, I will only be allowed another 60 days. I did the math and 60 days prior to February 24th 2021 (12 months after I arrived) is December 26, 2020. I am wondering if I enter the states in January, will I be able to be there for 60 days, and then another 182 after February 24th, 2021? Or will I still only be allowed 6 months?

 

I apologize if this post is all over the place. I'm just trying to spend as much time with my fiance as I am allowed to without jeopardizing my chances of living in the States legally. He lived here in Canada with me for about a year and a half but ended up getting a really great job opportunity back at home so he took it and we applied for the K1 visa (we got engaged before we knew he was moving back). We were in a long distance relationship before, but didn't realize how much harder it would be the second time around, especially considering the current conditions. 

 

Hope someone can help! We are considering talking to a lawyer but I thought it may be helpful to see if we can get some information from people in the same situation first. 

I talked to a lawyer already. She was very firm that as a canadian I can stay 6 months from the date of entry. After that you are overstaying your visit! 
 

After staying in the US for more than 6 months you will need to file US taxes though. Again that should be discussed with an accountant! 

Edited August 13, 2020 by INF

[SusieQQQ 11,587]

4 hours ago, stephcee said:

My question isn't will I be flagged. My question is how long can I legally be in the country so I don't jeopardize my application.

I think you’re missing at least part of the point. If you are flagged and denied entry, it doesn’t matter how long you are theoretically allowed to stay. 

[U2k 34]

Why are getting i94? Sorry ... arent u Canadian?

[mushroomspore 3,044]

13 minutes ago, U2k said:

Why are getting i94? Sorry ... arent u Canadian?

We Canadians still get assigned I-94's if traveling by air. I know some people over the years have reported NOT having an I-94 if they crossed by land. For the past 10 years, I have only ever entered by air and I have always had an I-94. I've entered as both a tourist and a F-1 visa student.