Canadian Girl and American Boy want to live happily ever after

[chupie doo 0]

Hello everyone! I've spent days and days trying to find some information but to no avail. Hopefully, someone knows the answer or can direct me to the appropriate thread. So here goes...

I am a Canadian citizen. I have family in the US and visited them about twice each year for many years. Never an issue with crossing the border (always travelled by car).

I met my boyfriend while on vacation. I came to visit him for 5 days in February. No issue at the airport. Then, I came to visit him for 6 days in April. At the airport, I got my passport stamped with B2 with September 30th date. It looks like I was given a 6 month visa. I have never had that happened before! Naturally, I got nervous. We then decided that I will come for a couple of months in the summer to see how our relationship works while we are together (as opposed to long distance). I crossed the border on May 28th, by land. No issue with crossing and no stamp in my passport.

We are happy and in love. We want to get married. However, we are not certain with respect to my status. I do not want to overstay and we want to get married and file the necessary documentation while I am still legally allowed to be in the US. From what I know, as a Canadian, I am allowed to stay in the US for 180 days during a year. When I got my passport stamped in April with the September 30th date, I returned to Canada. When I crossed the border, I did not get a new stamp. Does that mean that I can only stay until September 30 or do I calculate the 180 days (i.e. 5 days in February + 6 days in April + 169 days since May 28) to obtain the date until which I can remain in the US?

All answers will be much appreciated!

[The Mean Lady 604]

It's at a time.

Not per calendar year.

If you get married and begin adjusting status, then your 'overstay' is of no importance during the paperwork process.

PS: When you were stamped with a B2, there might have been some sort of suspicion with your crossing.

Were you brought into secondary and questioned?

My husband has been given several of them over the years because they believed he would not leave and needed to return that little slip of paper upon crossing back into Canada.

In regards to adjusting status, I believe you'll have to get married and begin filing while you're still in status.

[chupie doo 0]

It's at a time.

Not per calendar year.

If you get married and begin adjusting status, then your 'overstay' is of no importance during the paperwork process.

PS: When you were stamped with a B2, there might have been some sort of suspicion with your crossing.

Were you brought into secondary and questioned?

My husband has been given several of them over the years because they believed he would not leave and needed to return that little slip of paper upon crossing back into Canada.

In regards to adjusting status, I believe you'll have to get married and begin filing while you're still in status.

At a time? I read in many places that it is 6 months within a year. In any case, I'm still unclear whether the clock started ticking in April (until September 30) or in May? There appears to be no record of my entry (since I crossed the border by car and didn't get a new stamp at that time). This really worries me. It really makes a difference in terms of getting married and doing the paperwork (i.e. deadline is end of September vs mid-November).

When I got the B2 in April, I was not questioned. The officer at the airport just asked standard questions, such as where am I staying, when I'm coming back, what do I do for a living and when was the last time I visited the US. It lasted less than 5 minutes.

Thank you for your response!

[The Mean Lady 604]

There is a record of your entry in the system.

[chupie doo 0]

Hence, I'm good until mid-November, correct?

[The Mean Lady 604]

It is not 6 months total per year.

Whose year would they be counting?

Fiscal year? Calendar year?

Year from first visit? When would the year restart?

It is advised that you shouldn't be spending more than 6 months per year in the US as you'll start to have issues because it will look like you're trying to stay in the US, or living in the US which you shouln'td be.

However, in this case, this has spontaneously become your intention which is fine.

As long as you hadn't planned to do this, then you're fine.

Your 6 mos would be considered when you last crossed and entered for this visit.

Edited July 23, 2013 by The Mean Lady

[chupie doo 0]

It is not 6 months total per year.

Whose year would they be counting?

Fiscal year? Calendar year?

Year from first visit? When would the year restart?

It is advised that you shouldn't be spending more than 6 months per year in the US as you'll start to have issues because it will look like you're trying to stay in the US, or living in the US which you shouln'td be.

However, in this case, this has spontaneously become your intention which is fine.

As long as you hadn't planned to do this, then you're fine.

Your 6 mos would be considered when you last crossed and entered for this visit.

I did some research on the topic and in conclusion it appears that it is tricky with Canadians and it is unclear whether they count it within a calendar year or since the first time you entered for an extended period of time (i.e. over 30 days) and that it is totally up to the officer's discretion. That is why I became increasingly anxious

[The Mean Lady 604]

It's a discretion of the officer kind of thing.

You're fine counting your currently visit as 6 months from the last cross over.

If you were to go home for a week after that 6 months, then come back and say you were crossing for another few months, then they could start to question you and even deny you entry.

[chupie doo 0]

Thank you for your responses. This put my mind at ease

[S and P 9]

Hello everyone! I've spent days and days trying to find some information but to no avail. Hopefully, someone knows the answer or can direct me to the appropriate thread. So here goes...

I am a Canadian citizen. I have family in the US and visited them about twice each year for many years. Never an issue with crossing the border (always travelled by car).

I met my boyfriend while on vacation. I came to visit him for 5 days in February. No issue at the airport. Then, I came to visit him for 6 days in April. At the airport, I got my passport stamped with B2 with September 30th date. It looks like I was given a 6 month visa. I have never had that happened before! Naturally, I got nervous. We then decided that I will come for a couple of months in the summer to see how our relationship works while we are together (as opposed to long distance). I crossed the border on May 28th, by land. No issue with crossing and no stamp in my passport.

We are happy and in love. We want to get married. However, we are not certain with respect to my status. I do not want to overstay and we want to get married and file the necessary documentation while I am still legally allowed to be in the US. From what I know, as a Canadian, I am allowed to stay in the US for 180 days during a year. When I got my passport stamped in April with the September 30th date, I returned to Canada. When I crossed the border, I did not get a new stamp. Does that mean that I can only stay until September 30 or do I calculate the 180 days (i.e. 5 days in February + 6 days in April + 169 days since May 28) to obtain the date until which I can remain in the US?

All answers will be much appreciated!

Are you planning to stay in the US and adjust status after you get married, or are you planning to go back to Canada and file for a CR-1sposal visa? Or you could wait to get married and file for a K-1 fiance' visa. You will have these three options, and may want to do some research before you leave the US again, the Visa FAQ's and Guides in this forum are really a good source of info. Good luck to you!

Edited July 23, 2013 by S and P

[The Mean Lady 604]

Yes, sorry, it should be said that once you begin the adjustment of status process, you cannot leave the US until you receive advanced parole.

I'm not familiar on this process but I'm pretty sure it will take a while.

[Teddy B 17,251]

Hello everyone! I've spent days and days trying to find some information but to no avail. Hopefully, someone knows the answer or can direct me to the appropriate thread. So here goes...

I am a Canadian citizen. I have family in the US and visited them about twice each year for many years. Never an issue with crossing the border (always travelled by car).

I met my boyfriend while on vacation. I came to visit him for 5 days in February. No issue at the airport. Then, I came to visit him for 6 days in April. At the airport, I got my passport stamped with B2 with September 30th date. It looks like I was given a 6 month visa. I have never had that happened before! Naturally, I got nervous. We then decided that I will come for a couple of months in the summer to see how our relationship works while we are together (as opposed to long distance). I crossed the border on May 28th, by land. No issue with crossing and no stamp in my passport.

We are happy and in love. We want to get married. However, we are not certain with respect to my status. I do not want to overstay and we want to get married and file the necessary documentation while I am still legally allowed to be in the US. From what I know, as a Canadian, I am allowed to stay in the US for 180 days during a year. When I got my passport stamped in April with the September 30th date, I returned to Canada. When I crossed the border, I did not get a new stamp. Does that mean that I can only stay until September 30 or do I calculate the 180 days (i.e. 5 days in February + 6 days in April + 169 days since May 28) to obtain the date until which I can remain in the US?

All answers will be much appreciated!

Unless you are given an I-94 or a stamp in your passport with a return date by the CBP officer, then you are allowed 6 months (183 days) to stay in the US.

Entering the US with the intent of marrying and adjusting status is considered visa fraud. You may want consider a K-1 fiance visa or a CR-1 marriage visa.

[The Mean Lady 604]

Unless you are given an I-94 or a stamp in your passport with a return date by the CBP officer, then you are allowed 6 months (183 days) to stay in the US.

Entering the US with the intent of marrying and adjusting status is considered visa fraud. You may want consider a K-1 fiance visa or a CR-1 marriage visa.

She is already in the US, do not scare the poor girl.

Which is why I stated earlier as long as she didn't enter with the intention to stay, she's fine.

[Teddy B 17,251]

She is already in the US, do not scare the poor girl.

Which is why I stated earlier as long as she didn't enter with the intention to stay, she's fine.

I missed the fact that she was already here. You're correct.

[pro_star 52]

I think the six months though (snowbird clause?) you have to have a valid canadian address as well. just...from what I've heard of the snowbird rules.