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VeeNDee

What is an overstay exactly?

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Filed: Citizen (apr) Country: Canada
Timeline

I was just wondering what exactly qualifies as an overstay. As Canadians we don't get the I94 when we cross by land. I drove over to visit my fiance this weekend and was planning to stay till tomorrow. I need to go back and then was coming back down again for the Memorial Day weekend. I was debating just staying here instead of returning in-between but I had told them when I entered my plan was to stay till Tuesday. I am wondering if overstays for Canadians are dealt with differently. Have you ever done anything like that? Do you know if they track when you drive back and return to Canada?


VeeNDee

April 23, 2013 - AOS interview - Approved!

January 26, 2015 - Mailed off ROC Application

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Filed: AOS (apr) Country: Canada
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I think you'll be fine since you're not staying for a very long time. The general rule is over 6 months is considered an overstay OR if you're given explicit instructions by an officer to return by a certain date then you should be back by then. Since neither situation applies you should be fine. If they ask you why you didn't return when you said you would at the border (I'm guessing they won't) just be honest and say you didn't want to make an extra trip.

This is all just a guess, I might be wrong.

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The US and Canada do share entry/exit info with each other, but since your travel plans are only changing by a matter of days rather than months or years, you'll be fine. People's plans change, and you aren't breaking any rules by being in the US for two weeks instead of one (if you were at five months and three weeks, then it might be a different story). I highly doubt you will even be asked about it.

Edited by alizon

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Filed: Citizen (apr) Country: Canada
Timeline

Unless they informed you specifically otherwise (and they most likely would have provided documentation as well), Canadian tourists are admitted for 180 days. Changing your arrival date a few days from what you told the CBP officer is not going to be considered an overstay unless it takes you past 180 days, or a date stamped in your passport or written on an I-94.

You're fine.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

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Filed: IR-1/CR-1 Visa Country: Canada
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My Candian wife ran into the same situation, so we called the office where she crossed. She was told that she was required to return on the date that she said she would, the data an officer told her to, or the date stamped (not that she has ever had her passport stamped). Also, he told her to have her passport stamped so that she knew when to return, but she has never actually done that or heard of anyone on this board doing it.

Our advise would be for you to return on (or before) any date that was dicussed at the time of crossing. I do not know if it makes any difference, but this is what was recommended to us when she called the crossing back in January 2012.


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NVC:

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10/23/12: Beneficiary Identification Number and Invoice Identification Number received via phone, sent OPTIN email.

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11/28/12: DS-260 supporting docs email: received

12/04/12: DS-260 supporting docs reported not received. Determined wrong birth certificate sent.

12/07/12: Long form birth certificate obtained. Called NVC. She knew that the birth cert was wrong.

12/10/12: Emailed long from birth certificate w/ bar code sheet.

12/13/12: NVCInquery forwarded 12/05/12 email to NVCEectronic.

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Interview: 02/19/13

Updated on 01/15/13

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Filed: Citizen (apr) Country: Canada
Timeline

Thanks everyone for the information. Yeah the visit this time definitely won't be more than 180 days. I think this time I will just return to Canada today (for various reasons) but in the future I won't be so worried about it. It seems like the people who told your wife chiefsr didn't realize that they never stamp our passports when we drive across the border. I guess theoretically they could share info about entrance/exit between the two countries but if it's less than 180 days how would they even know I said Tuesday return vs. the next Monday? Still I never want to risk jinxing everything for something little like this. How frustrating the borders can be!


VeeNDee

April 23, 2013 - AOS interview - Approved!

January 26, 2015 - Mailed off ROC Application

June 30, 2015 - 10 year greencard in hand

January 25, 2016 - N400 Application Mailed

May 11, 2016 - Citizenship Interview + same-day Oath ceremony!

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Filed: K-1 Visa Country: Canada
Timeline

Another thing to keep is mind is that people get held up places for things like weather or cancelled planes and don't contact the border telling them we are not coming back exactly on the day we said we would. Plans change and as long as it is within reason, I can't see it being an issue.


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Filed: K-1 Visa Country: Canada
Timeline

Its not an overstay unless you stay more than 180 days, or stay past the date recorded on an I-94. What you're doing is perfectly fine.

Ok, something I have been unsure/nervous about for a while.

My last visit to the states was 173 days long, from September '11 to March '12. Before that, I was in the US for 2 weeks in July '11 and 2 weeks again in August. These 3 trips were separated- but could it still count as an overstay? I have been told for the most part that the 180 day rule is PER trip or per calendar year, so I should be fine. But now that we are applying for a K-1, I'm worried about this posing a problem.

Furthermore, should I avoid trips south of the border until the visa is approved?

Thanks in advance.... and sorry for the thread hijack.

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Filed: Citizen (apr) Country: Canada
Timeline

Ok, something I have been unsure/nervous about for a while.

My last visit to the states was 173 days long, from September '11 to March '12. Before that, I was in the US for 2 weeks in July '11 and 2 weeks again in August. These 3 trips were separated- but could it still count as an overstay? I have been told for the most part that the 180 day rule is PER trip or per calendar year, so I should be fine. But now that we are applying for a K-1, I'm worried about this posing a problem.

Furthermore, should I avoid trips south of the border until the visa is approved?

Thanks in advance.... and sorry for the thread hijack.

There has been some debate on here if it is 180 days per trip, or 180 days per calender year. Personally, I interpret it to mean 180 days per trip. But, either way, you're fine. You didn't stay more than 180 during any 1 trip, or more than 180 days in a calender year. No overstay. They will probably ask you about your trips during your K-1 interview, and they may ask why you were there for so long, so i would be prepared to answer that. But I don't anticipate any issues.

I don't see why you should avoid trips while the visa is in process. There is nothing preventing you from visiting. Just keep in mind you may face some additonal questioning with the pending visa application. Come prepared with evidence of strong ties to Canada.

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Filed: K-1 Visa Country: Canada
Timeline

There has been some debate on here if it is 180 days per trip, or 180 days per calender year. Personally, I interpret it to mean 180 days per trip. But, either way, you're fine. You didn't stay more than 180 during any 1 trip, or more than 180 days in a calender year. No overstay. They will probably ask you about your trips during your K-1 interview, and they may ask why you were there for so long, so i would be prepared to answer that. But I don't anticipate any issues.

I don't see why you should avoid trips while the visa is in process. There is nothing preventing you from visiting. Just keep in mind you may face some additonal questioning with the pending visa application. Come prepared with evidence of strong ties to Canada.

Thanks, I appreciate the feedback!! You've put my mind at ease.

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