Fiancé used his 180 days?

[Noelle23 0]

My fiancé has been visiting here with me for a little while and we were calculating how many days he has spent in the U.S. this year so that we make sure he does not go over his 180 days (he's Canadian). He is currently at 96 days this year over four different trips. We just received our NOA 2 two days ago.

 

My question is, as long as he goes back to Canada after he spends 180 days here in the U.S. will he be okay in terms of following all visa guidelines? Our plan is that at ~170 days he flys back and waits for his interview date. if we don't already have it by then. Then he re-enters with his k-1 and we get married. The k-1 90 days is separate from his 180 days as a tourist correct? Sorry if that is confusing! 

 

Also how lenient are they if I have somehow miscalculated the days and he is over by a few?

 

thanks!

Edited October 8, 2017 by Noelle23

[Sav&Har 142]

I might be pessimist here or might not know much about the allowed stay for Canadian citizens into the US. Either via ESTA/Tourist visa, Isn't a continuous 180 days stay considered overstay or close to it? if so, why risk mayor issues now that you are at NOA2?

[Penguin_ie 5,994]

***** Moving from K1 to Canadian forum as they may have more insights into the details of this *****

[NikLR 13,227]

Canadians usually don't have too many issues with overstays.  Beyond that it wouldn't affect him unless it was 180 days of overstay.   He could be denied entry on a next visit or never denied entry regardless of the number of days spent in the USA. 

 

The k1 90 days to marry is completely different than his 180 days of visiting. 

[Noelle23 0]

5 hours ago, Sav&Har said:

Isn't a continuous 180 days stay considered overstay or close to it? if so, why risk mayor issues now that you are at NOA2?

I said in my post it has been over four different trip this year. Has not been continuous.

[Noelle23 0]

1 hour ago, NikLR said:

The k1 90 days to marry is completely different than his 180 days of visiting. 

This is more of the answer I am looking for. Since its two different visas (tourist and a k-1) even if he was here for 180 days  (on several different trips) he would still be allowed in on his k-1 since that grants him a separate 90?

[NikLR 13,227]

15 minutes ago, Noelle23 said:

This is more of the answer I am looking for. Since its two different visas (tourist and a k-1) even if he was here for 180 days  (on several different trips) he would still be allowed in on his k-1 since that grants him a separate 90?

Yes.  The k1 always allows 90 days for you to get married regardless of previous time spent in the US.