Need some advice...PLEASE!!!!

[Michyme82 0]

Hi, I am a Canadian Citizen and my boyfriend is a U.S. citizen, I am currently visiting him right now I've been here for almost 4 months. I'll be going back to Canada on Sept 22 for 8 days then returning back to the States. When I come back to the States we are planning on filing for the I-129F and staying in the States until I have to return home for the interview. Is this ok? Also when I cross the boarder I'll be with my parents and I do need to attend a wedding Oct. 3rd with my boyfriend, can I say at the POE that I'm attending a wedding with my boyfriend for 2 weeks but actually stay for 6 months?? You can change your mind while in the States as long as you don't stay over 180 days.

I would really appreciate your feedback, thank you

[Malrothien 6]

NEVER EVER lie to a border guard - that can always come back to haunt you.

AFAIK, it is 180 days out of every 360 days - I don't think your 180 timer restarts because you returned to Canada for 6 days.

[Michyme82 0]

NEVER EVER lie to a border guard - that can always come back to haunt you.

AFAIK, it is 180 days out of every 360 days - I don't think your 180 timer restarts because you returned to Canada for 6 days.

I know for a fact that its 180 days per visit not per calender year, I spoke with the U.S. customs officer. The thing is I'm not necessarily lying I am going to visit my boyfriend and I'm going to the wedding. They don't type in the computer at POE that I said I'm only going for 2 weeks. They just swipe it and then they know when you entered.

[Malrothien 6]

I wouldn't really go by what a customs officer said - half of them are pulling ####### out of their arses.

[Danu 19]

NEVER EVER lie to a border guard - that can always come back to haunt you.

AFAIK, it is 180 days out of every 360 days - I don't think your 180 timer restarts because you returned to Canada for 6 days.

Yeah its 6 months in a calander year or visit (so if you entered in November you leave in May)...so you can go back but only for another 2 months, any longer and you will be over your allowed time.

Edited September 9, 2009 by Danu

[carvin317 0]

they dont even have to let you in the country if its only been a month. Its at the discrection of the boarder patrol agent.

[Malrothien 6]

Please see:

http://www.canuckabroad.com/forums/live-in...ted-vt2330.html

[trailmix 77]

NEVER EVER lie to a border guard - that can always come back to haunt you.

AFAIK, it is 180 days out of every 360 days - I don't think your 180 timer restarts because you returned to Canada for 6 days.

Yeah its 6 months in a calander year or visit (so if you entered in November you leave in May)...so you can go back but only for another 2 months, any longer and you will be over your allowed time.

Actually according to what I understand the OP is correct - it is not 6 months in a calendar year or in a 12 month period. Technically you can go to the U.S. for 6 months, return to Canada for an hour and try to reenter.

Now these are just the guidelines, as we all know it really doesn't work like that in practice because it's not really the spirit of the guideline.

OP - the bottom line is that the United States does not want you taking up residence there without a visa. That is why they have visas. You are not going to find anyone here who will support your idea of telling them you are only visiting for 2 weeks but really staying for 6 months. It is a violation of the terms of service on this board to promote or advise on - well basically committing fraud, for obvious reasons.

You can try to reenter the U.S. and tell the truth, whether or not they let you in is completely at the discretion of the border guard. My guess is that they won't let you enter.

[Sprailenes 47]

NEVER EVER lie to a border guard - that can always come back to haunt you.

AFAIK, it is 180 days out of every 360 days - I don't think your 180 timer restarts because you returned to Canada for 6 days.

I know for a fact that its 180 days per visit not per calender year, I spoke with the U.S. customs officer. The thing is I'm not necessarily lying I am going to visit my boyfriend and I'm going to the wedding. They don't type in the computer at POE that I said I'm only going for 2 weeks. They just swipe it and then they know when you entered.

You ARE lying. You know very well you won't be staying for just two weeks you just said it right there.

Why do people insist on doing this kind of stuff? They're the same people who'll come back whining when they get a ban.

[Danu 19]

oh ok trail, my bad. My thinking though is if you just left, if you do get back in, they may stamp you and give you 2 weeks to leave, at which point you will have to leave regardless of the 6 months, because they do record the time they have stamped (if they give you a date to leave by)

[ashenflowers 5]

http://en.wikipedia.org/wiki/Risky_Business

[SapphireDreams 71]

If they ask you the last time you were visiting and how long it was, then they may see right through you and see that you are really not just visiting for short period of time, but staying for long periods of time.

How can you be a visitor if you essentially there most of the time? If they think you are taking up residence in the US without permission you could be in big trouble. I would be careful because you are crossing a fine line here.

Oh and just to add, the K1 visa process takes 8-10 months, so you'll have to go back to Canada sooner than the interview.

Edited September 9, 2009 by SapphireDreams

[Carlawarla 1]

Hi, I am a Canadian Citizen and my boyfriend is a U.S. citizen, I am currently visiting him right now I've been here for almost 4 months. I'll be going back to Canada on Sept 22 for 8 days then returning back to the States. When I come back to the States we are planning on filing for the I-129F and staying in the States until I have to return home for the interview. Is this ok? Also when I cross the boarder I'll be with my parents and I do need to attend a wedding Oct. 3rd with my boyfriend, can I say at the POE that I'm attending a wedding with my boyfriend for 2 weeks but actually stay for 6 months?? You can change your mind while in the States as long as you don't stay over 180 days.

I would really appreciate your feedback, thank you

With so much time off, and living with your parents...do you have significant ties to Canada? With electronic passports, I would think they could bring up information about you, if it isn't done already when they scan it. They'll see when you last entered at least. Here are a few things to think about:

1) as I mentioned in another thread...it's 180 days, not 6 months. You don't want an overstay!

2) it's up to the individual border guard, and recently there have been a few people who have said they were coming down for six months and were given a specific stamp in their passport (or I-94) indicating they were to be back by a certain date which if I remember correctly, one was 2 months, another 3 months.

3) if given a date sooner than you'd like to come back, you can apply for an extension, however the cost of that is $300.00 and has to be applied for approximately six weeks before the date given for your return

4) why not just apply for the 129F right now while you're there?

5) I don't know where you'll be interviewed in Canada as I don't know where you're from, but I highly doubt you'll be able to stay another six months even if you did get in the second time around and have your interview within that time frame...it's more like 10 months if you're going to be interviewed in Montreal

6) DON'T LIE!!!

Edited September 9, 2009 by Carlawarla

[thetreble 19]

Well that is just the point. You CAN'T be a "visitor" if you are spending most of your time there.

Now, even if we establish that it's 6 months PER visit, there has still got to be some sort of guidelines, whether they are shady or not, that if you are spending more time in another country other than your own, and have nothing to tie you to it, you are no longer a visitor.

Just saying.

[bowflex 0]

I'd just add that even if you don't have any problems at the border trying to do what you're doing, keep in mind this could all be reviewed at an interview and you could have a huge problem if any of this is documented. Many of us have had problems from the Consulate for reasons that weren't even valid, but if you're trying to tell your interviewer that you didn't plan on staying that long but had 2 weeks in Canada over a year period you could be staring at a lifetime ban or a waiver of some kind. I would only suggest you tell the 100% truth at the border and go about this the right, legal way. Good luck!