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Canadian Girl and American Boy want to live happily ever after

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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.

There is no "snowbird clause", it's 6 months per visit for Canadian citizens unless otherwise noted by a CBP officer. All tourists to the US, whether Canadian or otherwise need to show solid ties to their home country.

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Filed: Timeline

I had read there is something to do with the snowbirds too. The reason Canadians get an automatic visa when they cross the border is because we have so many people who go south for the winter, so the 6 months stems from that.

When you enter the country, they track the day you entered and the time you say you will expect to stay. Over the course of a calendar year, this accumulates, and cannot surpass half a year minus a day, without a visa other than the automatic.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I had read there is something to do with the snowbirds too. The reason Canadians get an automatic visa when they cross the border is because we have so many people who go south for the winter, so the 6 months stems from that.

When you enter the country, they track the day you entered and the time you say you will expect to stay. Over the course of a calendar year, this accumulates, and cannot surpass half a year minus a day, without a visa other than the automatic.

That is not true as they cannot easily track when you leave w/o giving you a B2 with pass to return or contacting the Canadian side for information.

It's a discretionary thing.

I was in Canada for more than 6 months last year, but I hold a full time job in the states so I'm not a concern to them.

oldlady.gif

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Filed: K-1 Visa Country: Canada
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Jozin, can you really blame the canucks though? I'd be hiding from the -40 too if I could afford it!!! dang that whole needing to work thing...

May 29, 2013 - Finally!!! I-129F and associated forms delivered!

June 3, 2013 - NOA1!

August 19, 2013 - NOA2! (email)

October 10, 2013 - NVC has our case, Vancouver number assigned

***Communications with Vancouver begging to put my case on hold a while due to house not selling!!!***

February 18, 2014 - Packet 3 Submitted

February 20, 2014 - Packet 4!!

May 5, 2014 - Medical

May 7, 2014 - Consulate Interview

May 13, 2014 - K1 visa in hand!!!

July 2, 2014 - POE (Sweetgrass)<p>

July 23, 2014 - apply for EI (mother of god that was confusing...)<p>

August 11, 2014 - finally get hitched!

September 16, 2014 - send off AOS/AP/EAD

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In regards to a "snowbird clause" there is new legislation currently being debated to extend the current length of stay from 6 months to 8 months for Canadians who maintain a winter home in the US.

Edited by Teddy B
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That is not true as they cannot easily track when you leave w/o giving you a B2 with pass to return or contacting the Canadian side for information.

It's a discretionary thing.

I was in Canada for more than 6 months last year, but I hold a full time job in the states so I'm not a concern to them.

The last time I was in the States, I stayed for 2 months (stayed until the end of May). On the way back to the Canadian border (Detroit/Windsor), via bus, CBP stopped the bus and inspected it, questioning everyone aboard and inputting information on their device thingy. My previous trips, this hadn't happened.

I also read somewhere that they have access to all flight information, entering and exiting the states.

pro_star: Im Canadian as well, and found out last week that Im a Dual citizen by birth. Found this out after I met and started seeing a guy in Ohio, and expect to be moving there next week. No, I can't blame us Canadians for wanting warmer climate.. only wish I was going further south!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The last time I was in the States, I stayed for 2 months (stayed until the end of May). On the way back to the Canadian border (Detroit/Windsor), via bus, CBP stopped the bus and inspected it, questioning everyone aboard and inputting information on their device thingy. My previous trips, this hadn't happened.

I also read somewhere that they have access to all flight information, entering and exiting the states.

I'm not sure what you're trying to say.

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Filed: Timeline

Im saying, even though we don't see it in our faces, Im pretty sure they have ways to track people, whether its random screening at the border or flight lists. If I had over-stayed my welcome when they inspected the bus at the border, they would have red flagged me for my next visit.

Edited by Jozin
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It's 6 months within any 12-month period. So, for example, come and stay March 1st-Sept 1st, then can' t come again until the next March 1st.

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Filed: IR-1/CR-1 Visa Country: Canada
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Im saying, even though we don't see it in our faces, Im pretty sure they have ways to track people, whether its random screening at the border or flight lists. If I had over-stayed my welcome when they inspected the bus at the border, they would have red flagged me for my next visit.

I didn't say they couldn't.

I said they couldn't EASILY.

Then I stated how they do it.

oldlady.gif

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Just keep in mind also that you are required to spend a certain amount of time in Canada to maintain your Canadian Health Care.

That is also one reason most “snowbirds” are very, very careful.

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Filed: Other Country: Canada
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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.

It's 6 months within any 12-month period. So, for example, come and stay March 1st-Sept 1st, then can' t come again until the next March 1st.

Yikes. That seems to confirm my earlier information that it is 6 months within a calendar year or any 12-month period (I remember reading somewhere that it is up to the officer's discretion) as opposed to 6 months each time you enter the US (unless they stamp your passport with a different date). Interesting. This is still okay by me because it gives me time roughly until mid-November. However, I am still not completely convinced that the September 30th date is irrelevant. I DID come back to Canada in April after getting the September 30th stamp. Since I came to the US again in May, the September 30th stamp received in April is null and void?

I read some more on the topic on the government websites (both Canadian and American) and the information is rather vague.

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Yikes. That seems to confirm my earlier information that it is 6 months within a calendar year or any 12-month period (I remember reading somewhere that it is up to the officer's discretion) as opposed to 6 months each time you enter the US (unless they stamp your passport with a different date). Interesting. This is still okay by me because it gives me time roughly until mid-November. However, I am still not completely convinced that the September 30th date is irrelevant. I DID come back to Canada in April after getting the September 30th stamp. Since I came to the US again in May, the September 30th stamp received in April is null and void?

I read some more on the topic on the government websites (both Canadian and American) and the information is rather vague.

The Sept. stamp doesn't matter anymore. You've used it, it's finished, and are on to the next entry, now. Just keep counting back 12 months to see when your 6 months are up.

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Filed: Other Country: Canada
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The Sept. stamp doesn't matter anymore. You've used it, it's finished, and are on to the next entry, now. Just keep counting back 12 months to see when your 6 months are up.

Thank you. That makes sense and I always like to stay on the safe side anyway :)

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The Sept. stamp doesn't matter anymore. You've used it, it's finished, and are on to the next entry, now. Just keep counting back 12 months to see when your 6 months are up.

There is nothing etched in stone that says you are allowed 6 months per calendar year. It's 6 months per visit or 182 days from the day you enter the US, unless otherwise noted by CBP. Technically a person could stay in the US for 6 months, go back to Canada for a day, and then enter the US for another 6 months if the CBP allows them to. It is a rule of thumb that you want to be spending more time in Canada than you do the US or it appears that you are living in the US rather than Canada. If you stay in the US for 6 months, it is more than likely that you will not be allowed back in the US for at least another 6 months, but again, this entirely based on CBP's discretion.

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