Are Canadians with B2s granted 6 months per entry or 6 months per 365 days? (merged)

[SalishSea 17,801]

3 hours ago, Mandeloon29 said:

I just didn't mention it, but yes I did get denied entry after returning from the 112 days.
They said I was inadmissible due to lack of ties to my country which makes a lot of sense, lol. It looked like I was trying to illegally immigrate which I understand why it looked like that. He let me withdraw my application of admission to the US. I haven't returned and I'm back to working. No mention of overstays though... 

Don't know who to contact/inquire regarding if I do have an overstay

You were rightly denied entry because you were de facto trying to live in the US on a nonimmigrant status.  Going forward, you should plan to use the entry privilege more like a proper tourist, for reasonable periods of time.

[carmel34 3,620]

9 hours ago, Mandeloon29 said:

I was visiting my boyfriend who lives in New Jersey. We want to get married so we could start a CR1 visa but I wasn't sure if I overstayed or if it was something else. 

So, Cr1 visa is the type of visa I'm seeking for in the near future.

Best path forward is for your US citizen boyfriend to visit you in Canada, get married, then he returns and files an I-130 petition for you after he has the marriage certificate.  Another option is to get married online via Utah County, then after he visits you in Canada he can file the petition with the Utah marriage certificate, which may be faster depending on the province in Canada--some take many weeks to issue the marriage certificate.  You can try visiting the US again, but since you have been flagged already on your most recent attempt and denial of entry, it would be better if he visits you in Canada during the CR-1 process, which will take about two years from the date of filing the petition.  Your denial of entry will not affect your CR-1 visa process.  Good luck!

[Dashinka 24,480]

I agree with @carmel34, if marriage is the plan, then maybe it is time to work toward that and the eventual spousal visa.  Your most recent stays, and withdraw request for admittance should not impact that visa although there may be questions.  You might be able to visit again during the processing of the spousal visa petition after a suitable time outside the US (6-12 months), and with work ties to Canada, but as @Ontarkie mentioned, you are flagged, so who knows if CBP will be convinced.

 

Good Luck!

[sweethrtt 124]

19 hours ago, Mandeloon29 said:

Ohh, that explains a lot. Will it affect any possible visas later on? 

I had a Withdrawal on my record from 2011 and I successfully got a K1 Visa, Adjustment of Status (2 year green card), Removal of Conditions (10 year green card), and Citizenship (this Friday is my oath ceremony).

 

of course it totally depends on a case by case basis but truthfully I don’t think that withdrawal is going to give you any issues. But the other posters are right you’re lucky you didn’t get expedited removal. As Canadians we are lucky we can so easily travel to the US and spend as much time in the US in comparison to other countries but you should still take care of how long and often. Showing ties to Canada is important. I was traveling back and forth every other weekend, always went back, but I always kept documents to show that I was going to go back. They won’t take your word for it. So better safe than sorry. 

[Mandeloon29 0]

What is the general rule/law? Internet says different answers

[Boiler 45,445]

Usually 6 months per entry, could be less could be none.

[Daphne . 1,852]

UP TO 6 months per entry, but that is not a guarantee and also doesn’t mean that somebody can stay for 6 months, leave and come back for another 6 months. 

[Allaboutwaiting 2,503]

From the US embassy in Canada website:

"Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. [...]

As with all foreign visitors, Canadians are reminded that U.S. law requires entrants to qualify for the desired stay and purpose of travel at the time of their initial entry."

 

From the CBP website:

"There is no set period of time Canadians must wait to re-enter the United States after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the United States than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents."

[Mandeloon29 0]

Just now, Allaboutwaiting said:

From the US embassy in Canada website:

"Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. [...]

As with all foreign visitors, Canadians are reminded that U.S. law requires entrants to qualify for the desired stay and purpose of travel at the time of their initial entry."

 

From the CBP website:

"There is no set period of time Canadians must wait to re-enter the United States after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the United States than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents."

Awesome! Thanks! 

[Crazy Cat 41,811]

***Like topics merged***

[Mandeloon29 0]

9 hours ago, Daphne . said:

UP TO 6 months per entry, but that is not a guarantee and also doesn’t mean that somebody can stay for 6 months, leave and come back for another 6 months. 

Do you know if theres a way to request more detailed on past I-94s? I'm unable to see all that information on the website.

[Allaboutwaiting 2,503]

11 minutes ago, Mandeloon29 said:

Do you know if theres a way to request more detailed on past I-94s? I'm unable to see all that information on the website.

https://www.cbp.gov/site-policy-notices/foia/records