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itsallgreektome
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.
Emancipation
Hey!! Try posting this in the Canada Regional Forum.. it will get more attention there!! smile.gif good.gif
Dylan'sWife
QUOTE(itsallgreektome @ Dec 12 2007, 11:44 AM) *
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.


As long as you don't accidentally overstay I don't see it being a problem at the interview. Although, I am not sure if A CBP Agent will allow entry for a stay of that length. Some CBP Agents refuse entry in general when in the visa process while others may allow visits provided they do not suspect immigrant intent. In their eyes, a 6 month stay for an intending immigrant suggests that you are actually living and working in the US prior to receiving a visa.
*Len*
Like said above, as long as you don't overstay, it shouldn't be a problem.- but then again, USCIS people are not the friendliest and most understanding bunch.....
autumnchik
I agree with Dylan's wife. The tougher part may be the border agents.

Our experience: my then fiance came to the States last May. He had taken a leave of absence from his job in Canada and had brought savings to live on. He came to help me move from Georgia to New Hampshire, to get me settled and to participate in purchasing our house. Our house we bought was a fixer upper and he ended up doing some work on it. We began the K-1 visa process in October. He then returned to Canada, went back to work. He planned to visit me for the Christmas holidays, but CBP denied him entry. They said that he had been in the states for so long, they figured he had been working illegally (which he hadn't) ... and also that he didn't show enough ties to Canada. The fact that we had begun the visa process was also an issue for that particular officer. He said that people are not allowed to visit during the visa process. That was erroneous, but really serves to illustrate that it does depend on each individual border agent's point of view. However, later on, my guy was allowed to visit ... the border guard at that time felt that he showed enough proof of ties and would really return, also said that visiting was not a problem during the process.

At the interview, it came up that he had been denied entry. We were honest and explained what happened and the officer said that was quite common.
itsallgreektome
QUOTE(Emancipation @ Dec 12 2007, 11:47 AM) *
Hey!! Try posting this in the Canada Regional Forum.. it will get more attention there!! smile.gif good.gif

I would love to but I don't know how. I am so computer inept. Now immigration forms.......man I sure am getting good at. Help. Thanks
MissStacey
I spent over 6 months here. We got married a little past 6 months and filed the I 130. It was a month later when I made that trip to Canada and was denied coming back until I got my Visa.

It was never brought up at the Interview.

edit- no it was about 2 1/2 months later that I made the trip back to canada.
itsallgreektome
QUOTE(Dylan @ Dec 12 2007, 12:09 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 11:44 AM) *
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.


As long as you don't accidentally overstay I don't see it being a problem at the interview. Although, I am not sure if A CBP Agent will allow entry for a stay of that length. Some CBP Agents refuse entry in general when in the visa process while others may allow visits provided they do not suspect immigrant intent. In their eyes, a 6 month stay for an intending immigrant suggests that you are actually living and working in the US prior to receiving a visa.

You know the last time I crossed was Nov 10 and they did pull me over but they let me through. I told them that I had to come back. That's all I said. I'm getting the feeling that it is going to get tougher to cross. I will have to go back soon to get my package 3 sent (I have to do a police check in Hamilton) and I'm afraid they wouldn't let me back in after I do that. It sounds like I'm just going to have to take my chances. I am staying here more than I am in Canada (2-3 months at a time). They can see on my passport that I have crossed over approx 15 times this year (I live close to the us border and my friends and I go over alot when I back in Canada). What do you think?

QUOTE(Len_and_Bren @ Dec 12 2007, 12:17 PM) *
Like said above, as long as you don't overstay, it shouldn't be a problem.- but then again, USCIS people are not the friendliest and most understanding bunch.....

...scaring me.....
itsallgreektome
QUOTE(autumnchik @ Dec 12 2007, 12:34 PM) *
I agree with Dylan's wife. The tougher part may be the border agents.

Our experience: my then fiance came to the States last May. He had taken a leave of absence from his job in Canada and had brought savings to live on. He came to help me move from Georgia to New Hampshire, to get me settled and to participate in purchasing our house. Our house we bought was a fixer upper and he ended up doing some work on it. We began the K-1 visa process in October. He then returned to Canada, went back to work. He planned to visit me for the Christmas holidays, but CBP denied him entry. They said that he had been in the states for so long, they figured he had been working illegally (which he hadn't) ... and also that he didn't show enough ties to Canada. The fact that we had begun the visa process was also an issue for that particular officer. He said that people are not allowed to visit during the visa process. That was erroneous, but really serves to illustrate that it does depend on each individual border agent's point of view. However, later on, my guy was allowed to visit ... the border guard at that time felt that he showed enough proof of ties and would really return, also said that visiting was not a problem during the process.

At the interview, it came up that he had been denied entry. We were honest and explained what happened and the officer said that was quite common.

You know what.....to anyone who is reading this.......HONESTY is the best policy. I have been totally honest with each border office and I'm so so glad I have been.
itsallgreektome
QUOTE(MissStacey @ Dec 12 2007, 12:47 PM) *
I spent over 6 months here. We got married a little past 6 months and filed the I 130. It was a month later when I made that trip to Canada and was denied coming back until I got my Visa.

It was never brought up at the Interview.

edit- no it was about 2 1/2 months later that I made the trip back to canada.

Ya, you know....I have been spending appr 3 months in the us and 2 weeks back in Canada. I have'nt overstayed. I have a feeling the next time (even if I want to go over to Buffalo to shop) they are going to turn me away. What do you think?
itsallgreektome
QUOTE(Dylan @ Dec 12 2007, 12:09 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 11:44 AM) *
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.


As long as you don't accidentally overstay I don't see it being a problem at the interview. Although, I am not sure if A CBP Agent will allow entry for a stay of that length. Some CBP Agents refuse entry in general when in the visa process while others may allow visits provided they do not suspect immigrant intent. In their eyes, a 6 month stay for an intending immigrant suggests that you are actually living and working in the US prior to receiving a visa.

Hey, I hope your daughter is o.k.?????? Please no bad news!!!!!!!
Misty1979
I visited 6 times throughout the process, and spent a total of 7 months in the US, and it never came up at the interview.
My second visit was the longest: 4 months. It wasn't initially supposed to be that long..I had planned to stay only two weeks, but after arriving, we decided to get married, so we planned the wedding, got married, etc. I changed my return ticket about a week after arriving in the US, and just ended up flying back 4 months later to start the visa process.
Most of my visits were about 6 weeks, and the CBP officers never minded me staying that long, as long as I showed them them ties to Canada.
itsallgreektome
QUOTE(Misty1979 @ Dec 12 2007, 01:02 PM) *
I visited 6 times throughout the process, and spent a total of 7 months in the US, and it never came up at the interview.
My second visit was the longest: 4 months. It wasn't initially supposed to be that long..I had planned to stay only two weeks, but after arriving, we decided to get married, so we planned the wedding, got married, etc. I changed my return ticket about a week after arriving in the US, and just ended up flying back 4 months later to start the visa process.
Most of my visits were about 6 weeks, and the CBP officers never minded me staying that long, as long as I showed them them ties to Canada.

Did they ask you about proof of ties to Canada? p.s. how was the wedding?
MissStacey
QUOTE(itsallgreektome @ Dec 12 2007, 11:56 AM) *
QUOTE(MissStacey @ Dec 12 2007, 12:47 PM) *
I spent over 6 months here. We got married a little past 6 months and filed the I 130. It was a month later when I made that trip to Canada and was denied coming back until I got my Visa.

It was never brought up at the Interview.

edit- no it was about 2 1/2 months later that I made the trip back to canada.

Ya, you know....I have been spending appr 3 months in the us and 2 weeks back in Canada. I have'nt overstayed. I have a feeling the next time (even if I want to go over to Buffalo to shop) they are going to turn me away. What do you think?

It is hard to say, it depends on the people at Customs. I was denied again when I tried to go down for Mardi Gras. I brought as much proof of ties as I could but they felt it wasn't enough. I was already flagged in the system from being denied before as well- it was humiliating to go through but it was worth a try- especially for Mardi Gras smile.gif

That reminds me- when I was at the Airport waiting to check in for my flight (after I had my Visa) A guy was being escorted out from US Customs- he was screaming and swearing at them. Glad I didn't act like that smile.gif

At my Interview I was asked about and told him about both denials- he just giggled and said it happens often. I got my Visa.
itsallgreektome
QUOTE(MissStacey @ Dec 12 2007, 01:16 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 11:56 AM) *
QUOTE(MissStacey @ Dec 12 2007, 12:47 PM) *
I spent over 6 months here. We got married a little past 6 months and filed the I 130. It was a month later when I made that trip to Canada and was denied coming back until I got my Visa.

It was never brought up at the Interview.

edit- no it was about 2 1/2 months later that I made the trip back to canada.

Ya, you know....I have been spending appr 3 months in the us and 2 weeks back in Canada. I have'nt overstayed. I have a feeling the next time (even if I want to go over to Buffalo to shop) they are going to turn me away. What do you think?

It is hard to say, it depends on the people at Customs. I was denied again when I tried to go down for Mardi Gras. I brought as much proof of ties as I could but they felt it wasn't enough. I was already flagged in the system from being denied before as well- it was humiliating to go through but it was worth a try- especially for Mardi Gras smile.gif

That reminds me- when I was at the Airport waiting to check in for my flight (after I had my Visa) A guy was being escorted out from US Customs- he was screaming and swearing at them. Glad I didn't act like that smile.gif

At my Interview I was asked about and told him about both denials- he just giggled and said it happens often. I got my Visa.

Thanks for your help. I guess I have to be prepared to be turned away. Sorry about Mardi Gras but maybe next year, aye? It's just a crap shot (coming from a casino dealer!!!!!) I don't think I want the "denial" on my record.
Misty1979
QUOTE(itsallgreektome @ Dec 12 2007, 01:05 PM) *
QUOTE(Misty1979 @ Dec 12 2007, 01:02 PM) *
I visited 6 times throughout the process, and spent a total of 7 months in the US, and it never came up at the interview.
My second visit was the longest: 4 months. It wasn't initially supposed to be that long..I had planned to stay only two weeks, but after arriving, we decided to get married, so we planned the wedding, got married, etc. I changed my return ticket about a week after arriving in the US, and just ended up flying back 4 months later to start the visa process.
Most of my visits were about 6 weeks, and the CBP officers never minded me staying that long, as long as I showed them them ties to Canada.

Did they ask you about proof of ties to Canada? p.s. how was the wedding?

That was the time I was sent into secondary and grilled by this crazy lady in there for about 30 minutes. She asked me for ties, my return ticket and my first born. I ended up getting through, but it was a little scary being finger-printed and all that. The whole time she was interrogating me, I was sure she was going to whip out the rubber gloves and order a cavity search on me. *shudder.*
The wedding was awesome though! My parents flew down from Canada and we were married on the beach with a bagpiper performing the wedding march.

Just remember when going through customs, only answer what they ask, and keep your answers short. Also, bring a clean pair of underwear incase you do get the crazy lady at Pearson, I really did get the feeling that she was rubber glove-happy.
itsallgreektome
QUOTE(Misty1979 @ Dec 12 2007, 01:39 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 01:05 PM) *
QUOTE(Misty1979 @ Dec 12 2007, 01:02 PM) *
I visited 6 times throughout the process, and spent a total of 7 months in the US, and it never came up at the interview.
My second visit was the longest: 4 months. It wasn't initially supposed to be that long..I had planned to stay only two weeks, but after arriving, we decided to get married, so we planned the wedding, got married, etc. I changed my return ticket about a week after arriving in the US, and just ended up flying back 4 months later to start the visa process.
Most of my visits were about 6 weeks, and the CBP officers never minded me staying that long, as long as I showed them them ties to Canada.

Did they ask you about proof of ties to Canada? p.s. how was the wedding?

That was the time I was sent into secondary and grilled by this crazy lady in there for about 30 minutes. She asked me for ties, my return ticket and my first born. I ended up getting through, but it was a little scary being finger-printed and all that. The whole time she was interrogating me, I was sure she was going to whip out the rubber gloves and order a cavity search on me. *shudder.*
The wedding was awesome though! My parents flew down from Canada and we were married on the beach with a bagpiper performing the wedding march.

Just remember when going through customs, only answer what they ask, and keep your answers short. Also, bring a clean pair of underwear incase you do get the crazy lady at Pearson, I really did get the feeling that she was rubber glove-happy.

Thanks for the advice....especially the clean underwear part......so do you get scare whenever you see a cleaning lady wearing gloves? Beach and bagpipers just sounds so good together.
autumnchik

From my experience and what I have read on here, being denied for something like lack of ties to Canada has not created a problem at all with the officer at the interview. It seems to have happened to quite a few people and the officers are used to it.
Misty1979
QUOTE(itsallgreektome @ Dec 12 2007, 01:56 PM) *
QUOTE(Misty1979 @ Dec 12 2007, 01:39 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 01:05 PM) *
QUOTE(Misty1979 @ Dec 12 2007, 01:02 PM) *
I visited 6 times throughout the process, and spent a total of 7 months in the US, and it never came up at the interview.
My second visit was the longest: 4 months. It wasn't initially supposed to be that long..I had planned to stay only two weeks, but after arriving, we decided to get married, so we planned the wedding, got married, etc. I changed my return ticket about a week after arriving in the US, and just ended up flying back 4 months later to start the visa process.
Most of my visits were about 6 weeks, and the CBP officers never minded me staying that long, as long as I showed them them ties to Canada.

Did they ask you about proof of ties to Canada? p.s. how was the wedding?

That was the time I was sent into secondary and grilled by this crazy lady in there for about 30 minutes. She asked me for ties, my return ticket and my first born. I ended up getting through, but it was a little scary being finger-printed and all that. The whole time she was interrogating me, I was sure she was going to whip out the rubber gloves and order a cavity search on me. *shudder.*
The wedding was awesome though! My parents flew down from Canada and we were married on the beach with a bagpiper performing the wedding march.

Just remember when going through customs, only answer what they ask, and keep your answers short. Also, bring a clean pair of underwear incase you do get the crazy lady at Pearson, I really did get the feeling that she was rubber glove-happy.

Thanks for the advice....especially the clean underwear part......so do you get scare whenever you see a cleaning lady wearing gloves? Beach and bagpipers just sounds so good together.

laughing.gif laughing.gif laughing.gif
itsallgreektome
QUOTE(autumnchik @ Dec 12 2007, 01:56 PM) *
From my experience and what I have read on here, being denied for something like lack of ties to Canada has not created a problem at all with the officer at the interview. It seems to have happened to quite a few people and the officers are used to it.

Thanks....I feel better. I need to get working on getting more ties or maybe I'll just go back to Canada and stay till I get my interview. I don't really want to. My husband and I bought a house here and I don't want him moving stuff around. Ha ha. Thanks for your imput.
bradcanuck
This will make you feel better:

I came here End of October 2006. I have been in California solid since then. We applied I-130 in april and 485 in June. We didn't know we were supposed to file both at the same time. We have an interview which it may come up at but I have been to 3 infopasses and no one has cared. I even asked during one appointment if it would be a problem... he said so long as we applied in and around the 6 month mark for AOS... normally they don't mind. Just TELL the interviewer the truth if they ask.
Glady
QUOTE(itsallgreektome @ Dec 12 2007, 11:44 AM) *
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.
There is no such thing as OVERSTAYING. There is no limit in the number of months a canadian is allowed in the US. Plus as a Canadian because you do not get an I94 the US has no clue when you depart and only knows when you re-enter. I know guys who are living in the states for years without status and goes to canada to renew Driver l and passport from time to time. My own case i was in the us from , january, March, April and fromMay- november when i went for my Interview. it did not even come up
bradcanuck
QUOTE(Glady @ Dec 12 2007, 06:43 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 11:44 AM) *
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.
There is no such thing as OVERSTAYING. There is no limit in the number of months a canadian is allowed in the US. Plus as a Canadian because you do not get an I94 the US has no clue when you depart and only knows when you re-enter. I know guys who are living in the states for years without status and goes to canada to renew Driver l and passport from time to time. My own case i was in the us from , january, March, April and fromMay- november when i went for my Interview. it did not even come up


Do not consider this as legitimate advice. There IS a limit, and it is 6 months of every 12. Snowbirds forums, IOs and anyone you ask will confirm this. As for the in and out... this is HIGHLY subjective. The US has a hard time tracking exits but obviously entries are logged carefully especially if you have a visa (immigrant or not). Living in the US without status can REALLY burn your ### and I suggest if you are reading this to do things the correct way.

In my own personal case when I entered last time they logged my "account" extensively as I mentioned I would be entering/exiting and re-entering. Even though I was a B-2 (VWP to be more specific as I am Canadian) and am fully allowed to enter and exit all I like. But IOs can make up their own mind and flex rules. So as I say do it the RIGHT way.
Misty1979
QUOTE(bradcanuck @ Dec 12 2007, 06:56 PM) *
QUOTE(Glady @ Dec 12 2007, 06:43 PM) *
QUOTE(itsallgreektome @ Dec 12 2007, 11:44 AM) *
Has anyone out there stayed in the u.s. for the maximum 6 months stay (from canada)? If so, did you have any problems at your interview about spending so much time in the u.s. during the visa process?
Thanks in advance for any help.
There is no such thing as OVERSTAYING. There is no limit in the number of months a canadian is allowed in the US. Plus as a Canadian because you do not get an I94 the US has no clue when you depart and only knows when you re-enter. I know guys who are living in the states for years without status and goes to canada to renew Driver l and passport from time to time. My own case i was in the us from , january, March, April and fromMay- november when i went for my Interview. it did not even come up


Do not consider this as legitimate advice. There IS a limit, and it is 6 months of every 12. Snowbirds forums, IOs and anyone you ask will confirm this. As for the in and out... this is HIGHLY subjective. The US has a hard time tracking exits but obviously entries are logged carefully especially if you have a visa (immigrant or not). Living in the US without status can REALLY burn your ### and I suggest if you are reading this to do things the correct way.

In my own personal case when I entered last time they logged my "account" extensively as I mentioned I would be entering/exiting and re-entering. Even though I was a B-2 (VWP to be more specific as I am Canadian) and am fully allowed to enter and exit all I like. But IOs can make up their own mind and flex rules. So as I say do it the RIGHT way.

I agree with bradcanuck on this one. Although I don't think the rules regarding Canadian visits to the US are as strict as they may be with other countries, I am sure there is some point where you will be considered as overstaying.
I think if you were to overstay by 180 days in one visit (which would mean you have already been in the US for 6 months straight, then stay another 180 days without leaving,) I have no doubt there would be repercussions for that, and most likely a ban.
From what I have seen so far, they don't track all your visits to the US, and they really don't know when you leave the country. However, those few people who are given a rough time at the border sometimes have been issued I-94's so that they could be tracked entering and exiting the country. If they were to overstay their I-94, I'm quite sure that would not go un-noticed either.
Just my 2 cents.
Dylan'sWife
QUOTE(bradcanuck @ Dec 12 2007, 06:56 PM) *
In my own personal case when I entered last time they logged my "account" extensively as I mentioned I would be entering/exiting and re-entering. Even though I was a B-2 (VWP to be more specific as I am Canadian) and am fully allowed to enter and exit all I like. But IOs can make up their own mind and flex rules. So as I say do it the RIGHT way.


Hi Brad,
Canada is not part of the VWP, we are an entity of our own. Are you sure you entered under a B2 visa? From what I understand they are issued at the Consulate and not normally given to Canadians.

But you are correct to clarify that Canadians ARE subject to time limits in the US. It's good you jumped on that when you did, I would hate to see someone be in for a horrible surprise at their interview when they are told they overstayed.

MissStacey
QUOTE(Dylan @ Dec 12 2007, 11:37 PM) *
QUOTE(bradcanuck @ Dec 12 2007, 06:56 PM) *
In my own personal case when I entered last time they logged my "account" extensively as I mentioned I would be entering/exiting and re-entering. Even though I was a B-2 (VWP to be more specific as I am Canadian) and am fully allowed to enter and exit all I like. But IOs can make up their own mind and flex rules. So as I say do it the RIGHT way.


Hi Brad,
Canada is not part of the VWP, we are an entity of our own. Are you sure you entered under a B2 visa? From what I understand they are issued at the Consulate and not normally given to Canadians.

But you are correct to clarify that Canadians ARE subject to time limits in the US. It's good you jumped on that when you did, I would hate to see someone be in for a horrible surprise at their interview when they are told they overstayed.

All my stamps in my passport from when I have entered the US all have B2 written on them. The B2 was written in pen by Customs.
bradcanuck
There have been a few topics on this and I've mentioned I get stamped every time. Others say they never have and others say half the time. My POE have been Peace Arch / YVR (Vancouver airport) and I've been stamped B2 (in pen written as previous poster mentioned). We just say VWP as it is a bit easier than ranting about the separate program etc.

I am just giving EXTREMELY tight advice because I've seen things go great, and bad for people on this forum and when you give dodgey advice on a dodgey situation the result can only be... well I'll let you guess.
Reba
However if you say that Canada is part of the VWP and then someone goes to look up what the time contraints are on actual VWP visitors, they'll think they only have 90 days and then come back here even more confused. wink.gif

See Voyage.gc.ca for specific info.

QUOTE
Canadian Retirees/Snowbirds

A maximum admission period of six months is expected to be the norm for Canadian retirees seeking to winter in warmer climates. Those who wish to stay longer may apply for an extension with the nearest office of the U.S. Citizenship and Immigration Service once they are in the United States, but before their authorized stay expires. They may be asked to demonstrate that they are only remaining temporarily in the U.S


If you're planning to stay in the US to wait out the visa process, you'd fall into this category of Snowbirds.

As for myself, I stayed in the US for 5 months when we were waiting on our petitions to be approved. When I entered the US (Nov. 2003) I had no job and no ties to Canada other than a couple bank accounts. I had a 3 month return ticket, which I changed about a week after I arrived. I told the border guard that my husband and I were waiting on immigration paperwork, and that I'd just been laid off from my job of 13 years and needed an extended holiday. He asked me if I had any chocolate for him, and sent me on my way (he was suffering a sugar high from Halloween). I lucked out that time, considering I had abslutely no ties to Canada, but he was in a good mood I s'pose.

It was only questioned at my interview when she asked how it was possible I could live without a job for so long. I'd been given a fairly good severance package when I got laid off, so I had plenty of money to support myself during that time.

If you drop everything and quit your job etc in order to have an extended stay in the US, they will ask you if you have money to fund your stay. Saying that you'll be staying with your spouse will not necessarily be sufficient, they'll want to know if you have cash flow of your own. If you don't, they'll suspect that you'll be working illegally, and will likely deny your entry.
itsallgreektome
thank you everyone for your information. It is alittle confusing but I think I will just abide by the law and leave here before the 6 months. You are all great.
bradcanuck
*thumbs up* Thanks Reba. Great info.
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