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

[U2k 34]

9 minutes ago, mushroomspore said:

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.

Thats not correct information.  If u are going to USA as tourist they do not usually issue I94. And it has been like this for years. Some airports maybe do.... but this is not a common practice for Canadians usually...😊

Edited August 13, 2020 by U2k

[mushroomspore 3,044]

6 minutes ago, U2k said:

Thats not correct information.  If u are going to USA as tourist they do not usually issue I94. And it has been like this for years.

I 100% had I-94's as a tourist. I married my husband when I was here as a visitor and we did AoS. I included my I-94 for AoS. I also had I-94's as a F-1 visa student. Before I got my F-1, I traveled to the US as a visitor a couple times and I located my I-94's through their online system then too.

 

FYI, I have only flown out of Pearson because I'm from Toronto, same as OP. I have a few friends who have traveled to the US from Vancouver (same situation as me; they have entered as tourists and F-1 visa students). They always had an I-94, which they could find through the online system. However, from reading posts here over the years, the most common problem with Canadians is that crossing by land does not always produce an I-94. I have never encountered a Canadian who traveled by air who did NOT have an I-94. 

Edited August 13, 2020 by mushroomspore

[RCable 75]

1 hour ago, U2k said:

Thats not correct information.  If u are going to USA as tourist they do not usually issue I94. And it has been like this for years. Some airports maybe do.... but this is not a common practice for Canadians usually...😊

I’m pretty sure they always do, they’re just digital. You can look them up. My husband didn’t realize he had an I-94 until we needed it so he looked it up. And it turns out there was one for every entry into the US...and he was a flight attendant for 10yrs. So there were a lot! They just don’t stamp your passport.

 

Also, back to the original post, after talking to many people over the years, there is no written rule on whether it’s 6 months per calendar year or 6 months within a 12 month period. That’s up to the discretion of the border control agent. 
 

Once you start applying for a visa to the US (like a K1) they puts you on radar for them. They already know that you eventually intend to move here, so they scrutinize more. If they think you might be abusing the system, they can deny your visit. Even if you have all the proof in the world, if the agent is having a bad day, who knows what they will decided. It stinks, because you’re trying to do the right thing by getting the visa first, but it is what it is. Everyone on this board is just trying to warn you so that you know what could happen. 

[Lemonslice 4,947]

To answer your question, it's 6 months at a time, unless they allow you for a shorter period of stay on entry.

 

However, staying over 182 days per 365 days brings other implications, cited earlier (health benefits, taxes, etc.), and greater risks of being flagged.

 

 

[stephcee 28]

On 8/13/2020 at 9:50 AM, NikLR said:

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. 

I'm aware of all this. 

 

On 8/13/2020 at 10:13 AM, mushroomspore said:

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.

This is false. I had one long trip. The other trips were shorter than the one in September, which you acknowledged as  "super short." When I go in September, I would have had 2 previous trips within that year (One in January and then the ONE long trip at the end of February). I don't think 2 is "a lot of" trips. 

 

On 8/13/2020 at 12:56 PM, U2k said:

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

We still get them, but not in hand. It is digital and can be accessed online. I only knew about it because they asked in the I-129f petition. 

[stephcee 28]

I'm turning off notifications to this post. I didn't get much information relevant to my actual questions and I'm tired of explaining myself to strangers on the internet who really don't know anything aside from what I have posted and keep making assumptions. I got much better feedback and way less unsolicited advice on a Canadian K1 Facebook group, AND an actual answer, so I no longer have a need for this post, but am unable to delete it. 

 

Thanks to the few people that actually did attempt to answer my question. I appreciate the help. 

[SusieQQQ 11,587]

4 minutes ago, stephcee said:

strangers on the internet who really don't know anything aside from what I have posted

Um. What else would you expect them to know about your case? People can only work with the information they are given.

 

Good luck with your process.

 

 

Edited August 15, 2020 by SusieQQQ

[NikLR 13,231]

Not sure what else you wanted? You can visit for up to 180 days at a time at the discretion of the CBP. You may have to file a US tax return or lose health benefits if you stay more than 183 days per calendar year.  Have fun on facebook.  Ill report your thread to be closed.