I94 and 180 Day Question

[Griffon76 0]

Another discussion elsewhere got me to thinking of some questions to ask (just what my over-active mind needs!)

1. If a Canadian visitor plans (and tells officer at border) to only visit for, say, 3 months but changes their mind and decides to visit their full 180 days instead...does that make them an overstay? (even though there is no departure date in the passport)

2. If there is the 180 day limit, when does that end and the next 180 day limit begin? Does it go year to year? There must be a time frame that the Canadians have to go back home and stay before they can visit the US again, right? What is that time frame?

After reading some posts, I posted about how I assumed it was a waste of money that we applied for a travel document since my husband came as a visitor, decided to stay and we married at the last minute, close to his 180 day departure date. We filed for AOS almost a year after our wedding date and now was worried that he could be denied re-entry in the US due to him marrying and staying in the US after the 180 day limit even though he would have an AP. Anyone have any experience with this? Someone suggested we contact a lawyer and ask if they have the facts about this situation and I will look in the phone book Monday and find someone. I hope I explained myself correctly....thanks!

(my questions were based on this post....Overstay is where you have been in the US on a visa and have stayed longer than you were allowed.... or like me you came on a VWP or tourist Visa and did AOS.... you cant use AP because you will not be let back in.....If you have never overstayed on a visa then you have nothing to worry about....Kezzie)

[misa 2]

1. Not unless they were actually given a departure date.

2. I don't think there is a period when they need to stay in Canada before returning.

However... even though there is no I-94, USCIS does know when your husband entered the U.S. since it's required information on the I-485 which he's filed. I think the quote that Jane posted in your other thread is more for tourists who overstay, then leave and come back. There's no record of them coming and going (unless their passports have been scanned). The thing is that, your husband has now come to the attention of USCIS because he's filed for AOS.

I'd be interested to hear what a lawyer has to say though. Can you report back when you speak to one?

Edited August 25, 2007 by misa

[misa 2]

Scratch some of what I said and see Jane's post in your original thread. Do see legal advice though and try and find definitive sources to make sure he won't be barred from reentry.

Edited August 25, 2007 by misa

[Killer_Clown_2009 0]

It's 180 days/per 12 month period and it is cummlative, so a Canadian can come and go several times, but spend no more than 180 days in the US over the past 12 month period.

So you couldn't come to the US in July and stay until December and then come back in January and stay for another 6 months, because that'd be more than 6 months out of the past 12 month period.

Edited August 25, 2007 by jane2005

[Griffon76 0]

I will reply back to this thread as soon as I get some info from a lawyer about the AP question...glad this was brought to my attention before we went anywhere! If anything, there could be a miracle and he could get his GC before his daughter's wedding and will be able to go with no problem. This could be potentially devastating to their relationship. They had been estranged for a few years and had just started repairing their relations when Andy came here. She and her fiance came for a visit as well as for our wedding and set the date earlier this year. Hoping for the best!

[misa 2]

I will reply back to this thread as soon as I get some info from a lawyer about the AP question...glad this was brought to my attention before we went anywhere! If anything, there could be a miracle and he could get his GC before his daughter's wedding and will be able to go with no problem. This could be potentially devastating to their relationship. They had been estranged for a few years and had just started repairing their relations when Andy came here. She and her fiance came for a visit as well as for our wedding and set the date earlier this year. Hoping for the best!

When is his daughter's wedding? I noticed you are going through Norfolk. As of a few months ago they were scheduling AOS interviews approximately 4 months after I-485 NOA1 date. That's how it was in my case and one other person who went through Norfolk earlier this year. I have my review linked in my signature if you want to see how mine went.