Keeping track of the number of days in the US

[JolyDan 13]

Hi,

I wonder if anyone here knows if there's a way to keep track of the number of days spent in the US. I have read that the 183 days limit is not only for a year but also includes 1/3 and 1/6 of the 2 previous year. I also read that they really started keeping track of entry/exist share info since June 30th.

I'm trying to calculate my number of days but it's kind of impossible. I'm in the finale step of my K1 (in AP after problem with one original document at interview) and the last thing I want right now is to have problem with overstay (Please don't tell me to just wait in Canada)

thanks

[aaron2020 11,651]

Hi,

You are mixing up tax law and immigration law.

The 183 day, 1/3 and 1/6 rule applies to physical presence in the US which deems a NRA as a US tax payer. This has nothing to do with immigration or the time allowed in the US. It's only about who the US deems is a US taxpayer. (Canadian snowbirds be aware, your winter retreat in the US can make you a US taxpayer. You're not just a visitor, you triggered the obligation to file a US tax return.)

Ignore the above rule since it has zero to do with immigration.

On each visit to the US, you will be told how long you can stay. As long as you do not violate the time given to be in the US on that particular trip, then you will not have an overstay problem.

Edited February 22, 2015 by aaron2020

[NikLR 13,220]

The rule actually has some implications on your provincial health care as well.

[AC&BS 23]

I agree with both of the above posters. The only way to track it properly is to do it yourself. The June 30 date is date that the governments stated to share information. Until that point the US knew when you entered but not when you left and Canada the same. (This applies to driving only.) They always had the ability to cross reference for trips by plane due to the airline records.

[JolyDan 13]

So could I just get to the border one day and Being told I overstayed my total in tiny trips?

I calculated something around 140 ish days since December 2013 but it's kind of hard to tell. Never more than 2-3 weeks at the time but mostly weekends and one week here and there

[aaron2020 11,651]

So could I just get to the border one day and Being told I overstayed my total in tiny trips?

I calculated something around 140 ish days since December 2013 but it's kind of hard to tell. Never more than 2-3 weeks at the time but mostly weekends and one week here and there

No to your question.

Here is the deal.

How long you can stay in the US is determined by EACH visit. When you enter the US, you will be allowed to stay for a determined amount of time. Could be 2 days or 6 months EACH time. You would only be considered an overstay if you exceed the time allowed on that visit only. There is no cumulative time when looking at overstays. Overstaying is one way to lose your privilege to visit the US.

Your pattern of MULTIPLE visits may be looked at to see if you are illegally living in the US and trying to make it look like MULTIPLE visits. You may have complied with your time allowed in the US and never overstayed. Bit if it looks like a duck and quacks like a duck when you spend the majority of your time visiting a foreign country where you want to immigrate to, it sure looks like you're abusing the visit privilege by just immigrating a little bit early. Abusing your privilege to visit by Dr facto living here is another way to lose that privilege.

[LiliBurd 85]

In my opinion if you can show ties to Canada you shouldn't have a problem. However it all depends on the CBP officer. But maybe these will put your mind at ease. We are allowed 6 months at a time and there is no specific time required between visits.

This is from the http://canada.usembassy.gov/visas/information-for-canadians.html

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their initial entry. A visitor who intends to live, work or study in the U.S. without disclosing this information beforehand may be permanently barred from the U.S.

And this one from https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. 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 U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc. (See list attached.)

Edited February 22, 2015 by LiliBurd

[Ms Hogan 295]

I'm not sure how to determine how long you're "allowed" to stay when they don't ask you how long you're visiting and therefore you don't tell them how long you're planning to stay.

But as NLR pointed out I'd be more worried about your provincial health care as you need to be a resident of your province in order to qualify.

You will also be listing all those visits in your application.

I'm assuming you're unemployed or you wouldn't be able to stay so long in the States and be so opposed to us telling you to wait it out in Canada. But if you're hoping to collect EI you might want to head back and get a job for the duration of your wait, then maybe you'll qualify for something when you move. Not sure how long you'd need though.

[JolyDan 13]

Ok Thank you. Well I do visit often to be with my fiancé but I still have all my stuff in Canada and bank account, etc

My visa should come within the next few weeks

[aaron2020 11,651]

I'm not sure how to determine how long you're "allowed" to stay when they don't ask you how long you're visiting and therefore you don't tell them how long you're planning to stay.

It's determined by the I-94 or by law. The law about how long is clearly provided on the US Embassy's website. Generally, when I enter a foreign country, I know how long I am allowed to stay by law or what he border guard stamps in my passport.

But as NLR pointed out I'd be more worried about your provincial health care as you need to be a resident of your province in order to qualify.

You will also be listing all those visits in your application.

I'm assuming you're unemployed or you wouldn't be able to stay so long in the States and be so opposed to us telling you to wait it out in Canada. But if you're hoping to collect EI you might want to head back and get a job for the duration of your wait, then maybe you'll qualify for something when you move. Not sure how long you'd need though.

[Ms Hogan 295]

Yes, but Canadian passports aren't generally stamped when we come into the States as visitors. Sometimes they ask how long we're staying, sometimes they don't. A Canadian driving across isn't going to have an I-94 to refer to.

Hi,

I wonder if anyone here knows if there's a way to keep track of the number of days spent in the US. I have read that the 183 days limit is not only for a year but also includes 1/3 and 1/6 of the 2 previous year. I also read that they really started keeping track of entry/exist share info since June 30th.

I'm trying to calculate my number of days but it's kind of impossible. I'm in the finale step of my K1 (in AP after problem with one original document at interview) and the last thing I want right now is to have problem with overstay (Please don't tell me to just wait in Canada)

thanks

Do you fly or drive? Aaron brought up a good point about the I-94 but it isn't used when we drive back and forth as Canadians.

[LiliBurd 85]

Ok Thank you. Well I do visit often to be with my fiancé but I still have all my stuff in Canada and bank account, etc

My visa should come within the next few weeks

Then it's worth trying to go visit... worst case scenario (doubtful) they say no and you go back home to wait it out. I've spent about 100 days since august 2013 in the USA to be with my now Fiancé and I have a full time job, going back in March for 10 days. I always make sure I have proof of my ties to Canada, and I've never encountered any issues. Fingers crossed for my next trip!

Best of luck and enjoy the time you have with your fiancé!

[Lauren and Kevin 55]

Well, going back to your original question - you can look up your I94 record online, using your passport number and other personal details that only you know.

Everyone who visits the USA has this - it's not just a 'thing' for visa applicants - it's quite useful as it lists in chronological order all your visits to the USA dates from and to and which airport you used.

https://i94.cbp.dhs.gov/I94/request.html

(keep this link - it's going to be useful for all sorts of reasons )

[JolyDan 13]

Well, going back to your original question - you can look up your I94 record online, using your passport number and other personal details that only you know.

Everyone who visits the USA has this - it's not just a 'thing' for visa applicants - it's quite useful as it lists in chronological order all your visits to the USA dates from and to and which airport you used.

https://i94.cbp.dhs.gov/I94/request.html

(keep this link - it's going to be useful for all sorts of reasons )

Hi lauren and kevin,

I think it's a different thing for Canadian because I tried using the website and it says not found for history or actual I94. They never stamp our passport when we cross. I guess I just have to be careful and everything will be ok. Thank you for your help