Visiting my fiance

[Reebsrae 17]

While my fiance and I are awaiting the process of the k1 visa I have questions regarding traveling to and the rolling calender year. 

Since my last visit years prior in the United States in 2015-

 

My recent visits are as follow. I entered October 9th, 2020 and left 9 days later- October 18th, 2020. I then returned December 4th and returned to Canada April 11th 2021, permitted to stay until June 3rd 2021. I still have time remaining on my 180 day allotment for Canadian citizens but due to covid regulations and having to shell out over $1200 per hotel stay, I'd rather wait until the new "reset" date is- I am curious as to the rolling year. As my date permitted in my I-94 is six months from my most recent entry in December. 

 

Does my rolling year "reset" October 9th of 2021? I have been trying to find a visa stay calculator online but cannot find anything in regards to USA and my I-94 has confused me as my first visit would put me over six months with my first visit of 2020 being in October. 

I am planning to stay with him for 180 days once the rolling year resets or until I need to return home to organize paperwork for the consulate and my K1 interview.

 

Thanks!

This is confusing and haven't found any answers online or within this website as per what I'm inquiring about.  

[aaron2020 11,651]

Hi,

There is no rolling calendar year for visiting the US.

Each entry is judged based on your circumstances.  If it looks like you are abusing your visit to de-facto live in the US, then you might not be admitted.  For Canadians, visiting the US is pretty easy since snowbirds will spend 4-6 months here every year.  

The general rule of thumb is to spend more time outside the US than inside the US.

There is a Canadian rule for being outside of Canada for more than 183 days in any 12 months period.  It puts people's eligibility for provincial health care at risk.  

[Reebsrae 17]

Just now, aaron2020 said:

Hi,

There is no rolling calendar year for visiting the US.

Each entry is judged based on your circumstances.  If it looks like you are abusing your visit to de-facto live in the US, then you might not be admitted.  For Canadians, visiting the US is pretty easy since snowbirds will spend 4-6 months here every year.  

The general rule of thumb is to spend more time outside the US than inside the US.

There is a Canadian rule for being outside of Canada for more than 183 days in any 12 months period.  It puts people's eligibility for provincial health care at risk.  

 

Wonderful, thanks for replying! 

I have proof for domicile in Canada and proof of having no means to abandon Canada while I await my processing of the k1 for the border officer- ☺️ as my entire life is here but have been lucky to have enough savings and the flexibility in what I do to be able to walk away from work for months at a time. Also what a nightmare it would be to deal with the legalities of such a situation!

 

Being separated from your loved ones is frustrating!! I want to try to spend as much time as I can with my fiance without any troubles arising with border or having it appear that I am trying to be sneaky about my intentions of my visits in the United States. 

 

October is when I'm planning to return, his birthday is that month. I was just getting worried as my most recent I-94 was approved for 6 months and other websites state the rolling year for Canadians visiting, was curious if it was December that this "reset" would happen but as in your response it seems this is not the case! 

 

Thanks again for your reply!! ☺️☺️🥰

[JP John 65]

I was told by my CPA that there is a rolling calendar and it can have an effect on your taxes.  If over the line they want taxes paid in the USA.  No clue how it works other than beware.

[aaron2020 11,651]

8 minutes ago, JP John said:

I was told by my CPA that there is a rolling calendar and it can have an effect on your taxes.  If over the line they want taxes paid in the USA.  No clue how it works other than beware.

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Not a rolling calendar.  It's based on the yearly calendar.  

Edited May 4, 2021 by aaron2020

[JP John 65]

1 minute ago, aaron2020 said:

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Not a rolling calendar.  It's based on the yearly calendar.  

There you go.  All i know is there is a rule of some sort and that must explain it!!

 

[Reebsrae 17]

1 minute ago, JP John said:

There you go.  All i know is there is a rule of some sort and that must explain it!!

 

I don't believe this will apply to me as my "tax home" is Canada and have maintained my "tax home"

I do not make any money in the United States either as it's illegal. Unsure how my income from Canada would be taxable! I pay sales tax in America though! Hehe. 

[aaron2020 11,651]

2 minutes ago, Reebsrae said:

I don't believe this will apply to me as my "tax home" is Canada and have maintained my "tax home"

I do not make any money in the United States either as it's illegal. Unsure how my income from Canada would be taxable! I pay sales tax in America though! Hehe. 

You will not be required to file a US tax return as you cited.  

Potentially having to file a US tax return is why Canadian snowbirds make sure they are not in the US for more than 183 days in any calendar year.  Drive down to Florida after November 1 and leave before May 1.  

The US taxes worldwide income even if nothing is earned in the US.  If a Canadian was required to file a US tax return, their Canadian income would need to be reported on a US tax return.  Reporting does not mean paying.  There's the US/Canadian Tax Treaty.  It's annoying and that's why snowbirds don't spend six months in the US in any calendar year. 

[Reebsrae 17]

2 minutes ago, aaron2020 said:

You will not be required to file a US tax return as you cited.  

Potentially having to file a US tax return is why Canadian snowbirds make sure they are not in the US for more than 183 days in any calendar year.  Drive down to Florida after November 1 and leave before May 1.  

The US taxes worldwide income even if nothing is earned in the US.  If a Canadian was required to file a US tax return, their Canadian income would need to be reported on a US tax return.  Reporting does not mean paying.  There's the US/Canadian Tax Treaty.  It's annoying and that's why snowbirds don't spend six months in the US in any calendar year. 

Ahh I see! Thanks for explaining! 

2020 wasn't and 2021 isn't looking too good either for income for myself! (good thing for savings am I right?!) Thank you for clarifying! 

 

All of this is so confusing to know it all! Grateful for this website, haha!

[SusieQQQ 11,586]

1 hour ago, JP John said:

I was told by my CPA that there is a rolling calendar and it can have an effect on your taxes.  If over the line they want taxes paid in the USA.  No clue how it works other than beware.

Is your question here about tax issues (in which case this is the wrong forum) or about immigration/entry issues to the US (in which case it’s irrelevant what a CPA says about tax)? 
 

There is no rolling or any other sort of calendar for visits to the US because people try to game the system if there is.

[Mike E 11,739]

14 hours ago, Reebsrae said:

My recent visits are as follow. I entered October 9th, 2020 and left 9 days later- October 18th, 2020. I then returned December 4th and returned to Canada April 11th 2021, permitted to stay until June 3rd 2021.

Generally CBP wants visiting aliens to stay for X days, then stay away for X+1 days before coming back. Then in any 366 day window, don't accrue more than 180 days of total presence in the USA. Some officers also won't like more than 180 days in any calendar year. The issue is that without a specific visa or visa status (as Canadians are exempt from some visas --  unfortunately not the K-1) if a CBP officer believes your patten indicates living in the USA and no actual domicile in the country you claim to reside. Watching the show https://www.imdb.com/title/tt9740998/ will provide clarity unless you believe the specific incidents are staged (the Canadian versus of the show was not staged and the Canadian government shut it down due to privacy concerns). There was one episode where a guy's mother was a Canadian PR who was regularly coming to the USA and was sent to secondary because she didn't have any luggage. Turns out all her clothes were in the USA, and she had no domicile in the USA. Denied entry and told to come back as some indefinite time in the future when she established residence in Canada or Russia.

 

Including the end day, your last stay was 129 days in the USA. I would not come back to the USA until August 19, 2021. And I would not stay more that 180 - (129+10) =  41 days. IOW, leave on September 28, 2021.

With so much time in the USA, expect to be asked where your source of funds come from. If CBP determines your ties to Canada are too weak, eventually you won't be re-admitted and given advice to not attempt to return for a while. Some officers will tell you come back when your K-1 visa is in hand. Some will give you a more specific time, and some will give you a more vague time. If you are told to come back at specific or indefinite time I also advise using the same port of entry where you were denied. Once you have your K-1, use any port of entry you want. And by port of entry I am including Canadian airports with a CBP pre-clearance station.

[Reebsrae 17]

40 minutes ago, Mike E said:

Generally CBP wants visiting aliens to stay for X days, then stay away for X+1 days before coming back. Then in any 366 day window, don't accrue more than 180 days of total presence in the USA. Some officers also won't like more than 180 days in any calendar year. The issue is that without a specific visa or visa status (as Canadians are exempt from some visas --  unfortunately not the K-1) if a CBP officer believes your patten indicates living in the USA and no actual domicile in the country you claim to reside. Watching the show https://www.imdb.com/title/tt9740998/ will provide clarity unless you believe the specific incidents are staged (the Canadian versus of the show was not staged and the Canadian government shut it down due to privacy concerns). There was one episode where a guy's mother was a Canadian PR who was regularly coming to the USA and was sent to secondary because she didn't have any luggage. Turns out all her clothes were in the USA, and she had no domicile in the USA. Denied entry and told to come back as some indefinite time in the future when she established residence in Canada or Russia.

 

Including the end day, your last stay was 129 days in the USA. I would not come back to the USA until August 19, 2021. And I would not stay more that 180 - (129+10) =  41 days. IOW, leave on September 28, 2021.

With so much time in the USA, expect to be asked where your source of funds come from. If CBP determines your ties to Canada are too weak, eventually you won't be re-admitted and given advice to not attempt to return for a while. Some officers will tell you come back when your K-1 visa is in hand. Some will give you a more specific time, and some will give you a more vague time. If you are told to come back at specific or indefinite time I also advise using the same port of entry where you were denied. Once you have your K-1, use any port of entry you want. And by port of entry I am including Canadian airports with a CBP pre-clearance station.

But that doesn't make sense in regards of Canadian website. It's 180 days per year, 40 being spent in 2020 and the remainder in 2021. 

I think your valuation on time is wrong but who knows. 

My return to Canada will be more than 6 months and this wouldn't make sense for snow birds who often spend 6 months a year in the United States. 

[Reebsrae 17]

3 minutes ago, Reebsrae said:

But that doesn't make sense in regards of Canadian website. It's 180 days per year, 40 being spent in 2020 and the remainder in 2021. 

I think your valuation on time is wrong but who knows. 

My return to Canada will be more than 6 months and this wouldn't make sense for snow birds who often spend 6 months a year in the United States. 

I am also not planning on returning until I've spent 6 months in Canada, making my return in October 2021

[Mike E 11,739]

4 hours ago, Reebsrae said:

But that doesn't make sense in regards of Canadian website. It's 180 days per year, 40 being spent in 2020 and the remainder in 2021. 
 

which Canadian website? And why would one Canadian have more authority over this than me, another Canadian?

 

 

4 hours ago, Reebsrae said:

I think your valuation on time is wrong but who knows.

How’s about you try this: stay for 180 days from July 1, return to Canada in December, and then try coming back on January 1.  
 

 

4 hours ago, Reebsrae said:

My return to Canada will be more than 6 months and this wouldn't make sense for snow birds who often spend 6 months a year in the United States. 

No they spend 180 days.  Because they are retired, CBP believes their story that they have more ties to Canada than to the USA.  
 

 

[Lemonslice 4,836]

IRS rules are by calendar year.

Port of entry will let you in, or not, for up to another period of 180 days.  It is well explained here: 

https://www.snowbirdadvisor.ca/dispelling-myth-30-day-rule-canadian-snowbirds

 

I know Canadians who have visited the US for 6 months, spent a few days in Montreal, then drove back to Boston to catch a flight to Iceland without problem.  It really depends on the situation, and the agent.