Canadian B-2

[Extrix 0]

Hi there,

I am Canadian and was visiting in the US from Dec 9th, 2010 to May 1st, 2011... I left for about a month and a half and initially planned to return for 9 days. As I was talking to the Border Officer, I was grilled because of my last stay and the length... however I am sure I was in my allowable time to stay as it was not illegal... but you know them officers, always giving us hard times.

Anyways, I was in the country for approx. 144 days before leaving... so as I was talking to the officer, I was assigned a B-2 Visa and a date of August 16th to be out of the country. I added this up and from January 1st of my last stay, that is 121 days, then if I stayed from June 17th to August 16th, that would be 61 says... equalling out to 182 days.

I realize you can stay up to 180 days legally. My question is, does this time reset per stay? or is it in fact per year? I've heard mixed comments as I am Canadian and that the rules are *kind of* different. Can anyone give me a solid answer on this as I am planning on getting engaged and applying for a Fiancee Visa so I can live here eventually.

Thanks

[sciencenerd 56]

It's 180 days in 1 stay, so you don't need to add up the 2 stays. As you know, it's always up to the border agent whether to let you in, but you're not overstaying if you stay less than 180 days each time you stay (not including your current situation since now you have a B-2 visa and an overstay would start the date that expires).

[Brother Hesekiel 2,235]

In addition of it being up to the individual CBP officer, who can determine that you "abuse" your visitor's visa and thus limit your authorization to stay to a shorter period than 180 days, you cannot be more than 180 days in any given calendar year inside the US as that is the magic presence that would make you an (unauthorized) "resident" of the United States.

[Extrix 0]

In addition of it being up to the individual CBP officer, who can determine that you "abuse" your visitor's visa and thus limit your authorization to stay to a shorter period than 180 days, you cannot be more than 180 days in any given calendar year inside the US as that is the magic presence that would make you an (unauthorized) "resident" of the United States.

So, say if I left August 15th, I would not be able to get back in until next year?.. Since that would be 180 days.

[Harsh_77 716]

It's 180 days in 1 stay, so you don't need to add up the 2 stays. As you know, it's always up to the border agent whether to let you in, but you're not overstaying if you stay less than 180 days each time you stay (not including your current situation since now you have a B-2 visa and an overstay would start the date that expires).

How makes a stay?

Thats a open question, I dont think you just go on other side of border and come back in new few weeks would reset the clock.

I know same is applicable for VWP countries, they have 90 days and most of them think their clock would reset if they go to CA or Mexico for few days, but that is not true.

Normally on B2 its 180 days in a calendar year and not per stay.

[Boiler 43,433]

We are talking about visiting the US, not living here.

Once you have that consept straight everything else follows through.