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threeoten

Does driving into Canada count as leaving the US?

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Hi, I'm reading such conflicting answers on this topic and hoping for some clarity. If I'm an Irish citizen and have an M1 student visa (US) that expires July 1, 2019 and I leave the US before then by driving into Canada, will that be recorded as sufficiently leaving the US as to not overstay? Some people seem to say that Canada and Mexico don't count, some say it does.

Thanks

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58 minutes ago, threeoten said:

Hi, I'm reading such conflicting answers on this topic and hoping for some clarity. If I'm an Irish citizen and have an M1 student visa (US) that expires July 1, 2019 and I leave the US before then by driving into Canada, will that be recorded as sufficiently leaving the US as to not overstay? Some people seem to say that Canada and Mexico don't count, some say it does.

Thanks

It doesnt count. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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For leaving the US, I believe it would count. But re-entry would be under the same I-94, so you can't do a "border run" to reset your period of legal status.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

For leaving the US, I believe it would count. But re-entry would be under the same I-94, so you can't do a "border run" to reset your period of legal status.

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

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16 minutes ago, threeoten said:

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

Possible, the CBP would admit you in B2 status if they allow you in.

OR 

They could also deny your entry to the US saying you have just been in the US that long for study, there is no reason for you to visit the US so soon. In that case, you have to return to your home country from Canada.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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43 minutes ago, threeoten said:

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

Entering with a new status would be at the discretion of CBP. Re-entry as a tourist shortly after an extended stay would likely not be viewed favorably.

A return ticket does not indicate that one will exit the US on time...it's 1 call to cancel, or just not showing up. The overwhelming majority of people who did overstay a tourist visa likely had a return ticket, and all VWP travelers did.

 


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thread is moved from the Tourist Visas forum to the Student & Exchange Visitor Visas forum.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Posted (edited)
5 hours ago, threeoten said:

Your posted question there only asks about leaving the US - you didn't mention anything about trying to re-enter the US again afterwards. 

4 hours ago, threeoten said:

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

This is a different question and yes, it does matter. Normally if you leave the US (to canada and then on to home) that's fine. If you leave and then re-enter it is not as it still counts under the same i94. Now - you want to try re-enter on a different visa. I presume you already have this visa? Do you have a plan B that can involve going from Canada directly home without passing go and collecting all your stuff in the US if you are not allowed back in?

Edited by SusieQQQ

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