Jump to content
superstang01

Coming from Canada to visit friend in Ocean City Maryland

 Share

53 posts in this topic

Recommended Posts

No, it won't, unless you go over the 180 days I think it is that Canadians are permitted to be in the US out of each calendar year. Stop being so nervous. Being nervous is suspicious.

Just to clarify, it's 180 days/6 months days per visit, the calendar year really plays no role. :)

This thread is becoming very repetitive and I think the op has gotten every bit of advice he has asked for.

Link to comment
Share on other sites

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

Just to clarify, it's 180 days/6 months days per visit, the calendar year really plays no role. :)

This thread is becoming very repetitive and I think the op has gotten every bit of advice he has asked for.

is it? I was under the impression that that depended on agent and figured it was better safe than sorry. Ah, well, listen to Teddy, he's smart.

Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

Link to comment
Share on other sites

is it? I was under the impression that that depended on agent and figured it was better safe than sorry. Ah, well, listen to Teddy, he's smart.

Thanks for the compliment NT. Sometimes I can be smart, but not always.

You can look at it this way, if you were to enter the US in the month of November, which calendar year does the CBP officer use to apply the 180 day/6month rule? Does he only apply 4 months to the upcoming year and you would still get 2 more months in that year, or does he take into account the full 6 months you're actually staying for this visit?

Link to comment
Share on other sites

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

Thanks for the compliment NT. Sometimes I can be smart, but not always.

You can look at it this way, if you were to enter the US in the month of November, which calendar year does the CBP officer use to apply the 180 day/6month rule? Does he only apply 4 months to the upcoming year and you would still get 2 more months in that year, or does he take into account the full 6 months you're actually staying for this visit?

true. I think I meant out of twelve months, not calendar year, because isn't the rule basically worded that you must spend more time out of the US than in? I may be wrong, just curious at this point.

Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

Link to comment
Share on other sites

true. I think I meant out of twelve months, not calendar year, because isn't the rule basically worded that you must spend more time out of the US than in? I may be wrong, just curious at this point.

I've gotten confused on the calendar year/12 month thing as well, it's easy to do. Yes, rule of thumb is to spend as much time out of the US as you did in the US on your previous visit, but it's not etched in stone. It's all left to the discretion of the CBP officer how long a person gets. There are threads here where people say they stayed 6 months, went back to Canada for just a few days and were admitted for another 6 months. The reasoning behind your visits and the proof of ties that you will return home play into as well. The thing is not to abuse the privilege.

Edited by Teddy B
Link to comment
Share on other sites

That article pretty much agrees with the 6 month rule that CBP officers use, but intermingles the 4 month tax law with it. It also touches on the D/S or Duration Of Status that Canadians receive. The whole thing is confusing, no doubt.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...