6 months at a time or 6 months TOTAL per year?

[Kammo 2]

Hello. My husband and I currently have our cr1 in progress.

I have been fortunate to visit him often because not only does he live close, I have been on maternity leave. My question is this:

I know 6 months is the maximum stay for a tourist in the US. Is it 6 months total or at a time? I visit my husband a lot. Sometimes i am lucky enough to stay for 2-3 weeks.

When we go in for our interveiw will this come up? Will it look bad? Thanks!

[HeatDeath 430]

Canadian visitors to the US, unless informed otherwise, are admitted for up to 6 months at a time. But if you spend more than 6 months in a calendar year in the US, you dramatically increase the odds that you will be denied entry by the US border officer. Also, if you spend too much time in the US over a 2-3 year period, (it's a tricky formula, but over 180 days in a single year is usually enough to trigger it) you become required to file a US tax return, regardless of your citizenship or nominal country of residence.

Multiple 2-3 week (or less) trips that total less than 6 months in a given year will not be a problem with anybody. Overstaying your visitor status (which means a single visit of more than 6 months) would look bad, but would virtually certainly be forgiven as a courtesy to your USC husband. Multiple shorter trips that total over 6 months would look bad to CBP, but not particularly to the consular officer. Indeed, a significant number trips to visit your husband, as long as they are all perfectly legal (admitted by a CBP officer, no overstays) may actually look good to the consular officer, as it underscores the legitimacy of your relationship.

Read this website: http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html , and do the calculation to make sure you haven't been in the US so much that you need to file US taxes. Owing the IRS taxes, and not having paid them would look bad to the CO. But as long as you don't pass this "Substantial Presence Test", and all of your visits to the US were completely above board (as defined above), it should be no problem.

Edited May 27, 2011 by HeatDeath

[Tim/Mav 305]

Hello. My husband and I currently have our cr1 in progress.

I have been fortunate to visit him often because not only does he live close, I have been on maternity leave. My question is this:

I know 6 months is the maximum stay for a tourist in the US. Is it 6 months total or at a time? I visit my husband a lot. Sometimes i am lucky enough to stay for 2-3 weeks.

When we go in for our interveiw will this come up? Will it look bad? Thanks!

There are actually 3 questions here:

I don't know the effect of this and maybe a Canadian Member can lead you right.

But, you have a CR1 in Progress but passed through borders on a Tourist Visa. (To me: thats not truthful and saying your visiting your husband. That might be an Issue? Not sure......

The 6 month Rule I think is a Visitor/Visa/Tourist . But that is not what you stated your reasons for crossing borders. That might be an issue as well....

Will it look bad? To me (Just Me) It appears a little white Lie to see your Hubby.

(To Me) This might be an issue, but I'm unsure.

Maybe Members can add to this.

[Tim/Mav 305]

Canadian visitors to the US, unless informed otherwise, are admitted for up to 6 months at a time. But if you spend more than 6 months in a calendar year in the US, you dramatically increase the odds that you will be denied entry by the US border officer. Also, if you spend too much time in the US over a 2-3 year period, (it's a tricky formula, but over 180 days in a single year is usually enough to trigger it) you become required to file a US tax return, regardless of your citizenship or nominal country of residence.

Multiple 2-3 week (or less) trips that total less than 6 months in a given year will not be a problem with anybody. Overstaying your visitor status (which means a single visit of more than 6 months) would look bad, but would virtually certainly be forgiven as a courtesy to your USC husband. Multiple shorter trips that total over 6 months would look bad to CBP, but not particularly to the consular officer. Indeed, a significant number trips to visit your husband, as long as they are all perfectly legal (admitted by a CBP officer, no overstays) may actually look good to the consular officer, as it underscores the legitimacy of your relationship.

Read this website: http://www.irs.gov/b...d=96352,00.html , and do the calculation to make sure you haven't been in the US so much that you need to file US taxes. Owing the IRS taxes, and not having paid them would look bad to the CO. But as long as you don't pass this "Substantial Presence Test", and all of your visits to the US were completely above board (as defined above), it should be no problem.

I'm alittle confused by the above. She states: I'm married and crossed on a Tourist/Vistor Visa. (When really going to see her husband) So maybe I can Learn something from this.

Whats a Visitors Visa got to do with Tax Returns?

Its a pending CR-1 but is stating to Immagration at the border I'm Visiting/Tourist.

So I don't know.

[Kammo 2]

The officers know that we have a visa in progress. It's never been an issue. I have never lied at POE. Myself and our daughter are going to visit my husband never over stay the intended trip.

I just was concerned that the 2-3 week visits will tally up quick and could exceed over 6 months total per year. There have been a few times that I have stayed in the US for 3 weeks, returned to Canada for 10 days and then went back to my husband. I had the time off with maternity leave so I figured, why not? I certainly don't want to hurt our case with our pending visa though. If I should visit less, I will.

[Kammo 2]

The officers know that we have a visa in progress. They have asked before and i have truthfully said "yes, we do actually". I'm not sure why there is a question of me lying? I have never lied at POE. Myself and our daughter are going to visit my husband, we have a pending visa. That's the truth!

I just was concerned that the 2-3 week visits will tally up quick and could exceed over 6 months total per year. There have been a few times that I have stayed in the US for 3 weeks, returned to Canada for 10 days and then went back to my husband. I had the time off with maternity leave so I figured, why not? I certainly don't want to hurt our case with our pending visa though. If I should visit less, I will.

[Tim/Mav 305]

The officers know that we have a visa in progress. It's never been an issue. I have never lied at POE. Myself and our daughter are going to visit my husband never over stay the intended trip.

I just was concerned that the 2-3 week visits will tally up quick and could exceed over 6 months total per year. There have been a few times that I have stayed in the US for 3 weeks, returned to Canada for 10 days and then went back to my husband. I had the time off with maternity leave so I figured, why not? I certainly don't want to hurt our case with our pending visa though. If I should visit less, I will.

To Me: It appears Proof of a ongoing Relationship. I just don't know the Legalities of it. It sounds OK and Prudent when there is Love.

[Tim/Mav 305]

To Me: It appears Proof of a ongoing Relationship. I just don't know the Legalities of it. It sounds OK and Prudent when there is Love.

Forgive me..... This Immagration thing gets so complicated sometimes... I have to try and find some humor in it to help me maintian myself.

After your better explaination of POE. Sounds OK to me.

My Humor was: Looking at having Copies of Tax Returns at the Border.

[HeatDeath 430]

I'm alittle confused by the above. She states: I'm married and crossed on a Tourist/Vistor Visa. (When really going to see her husband) So maybe I can Learn something from this.

Whats a Visitors Visa got to do with Tax Returns?

Its a pending CR-1 but is stating to Immagration at the border I'm Visiting/Tourist.

So I don't know.

She is entering as a visitor/tourist, because she intends to not work while she's in the US, and to leave after a relatively short, fixed period of time. That's all "visitor" means to CBP. So it's perfectly legit for her to enter as a visitor even if she has a USC spouse, whom she intends to see while she's there. The reason having a USC spouse makes CBP much more likely to deny you entry is because it increases their estimate that you are an immigration risk, not because there is anything inherently illegal about entering as a visitor when you have a USC spouse.

When you show up at a PoE, and tell the CBP officer you want to enter as a visitor, one of the calculations they do in their head is to figure out what the probability is that you are lying to them about intending to leave, and really intend to stay. When you have a USC spouse, their internal estimate of this probability [that you actually intend to stay and are lying to them] jumps through the roof. This is why it is a good idea to carry proof of ties to your home country, and proof that a visa process is planned or ongoing. These lower their estimate of you as an immigration risk, and allow them to admit you.

A visitor visa has nothing, in and of itself, to do with tax returns. The IRS page I linked to explains it. If you have spent too much time in the US, regardless of what status you entered under, the IRS will deem you a US resident for tax purposes [only!] and require you to file a US tax return, regardless of any other immigration factors. That means that a Canadian citizen, who has not filed any visa applications, who has no intention of ever moving to the US, can be required by the IRS to pay US taxes, if they have spent too much time [over the last 3 calendar years] in the US.

[HeatDeath 430]

The officers know that we have a visa in progress. They have asked before and i have truthfully said "yes, we do actually". I'm not sure why there is a question of me lying? I have never lied at POE. Myself and our daughter are going to visit my husband, we have a pending visa. That's the truth!

I just was concerned that the 2-3 week visits will tally up quick and could exceed over 6 months total per year. There have been a few times that I have stayed in the US for 3 weeks, returned to Canada for 10 days and then went back to my husband. I had the time off with maternity leave so I figured, why not? I certainly don't want to hurt our case with our pending visa though. If I should visit less, I will.

It sounds like you are handling the PoEs perfectly. That's great.

Before me and my wife got married, she flew up to Canada and I drove her back to Salt Lake City one summer. When we hit the border the CBP officer was quite obviously considering me a significant immigration risk until I said those two little words CBP officers want to hear in those circumstances: "fiance visa". His last words to us were a very gruff "Do it right!" [referring to immigrating].

As I said, if you keep the visits under 6 months [total] per year, you should be perfectly fine. go through and do the calculations to figure out what your total is at. You might have to dial back the visits a little until the visa gets approved, unfortunately.

[Boiler 43,546]

My understanding is that Canadians are usually admitted D/S, so neither of the above.

If they think you have been visiting too much then generally a refusal will have no negative impact on future immigration.