Visiting my american spouse

[Cp192019 20]

Hello everyone!

I have heard two very different things about visiting my spouse in America. I am Canadian. We aren't married yet, but have a big white wedding planned for October, 2019. I want to visit him for long periods of time so that we can at least be together. I have been told that I can only visit for 6 months out of a 365 day period. I have also been told that I just have to visit for 6 months at a time, so I could visit for 6 months, return for 1 month, then go back for another 6.

 

Does anyone know which of these two options is correct? I know of someone who did the 2nd option, where she visited for 6 months then came back for a month then visited for another 6. I just want to make sure this is allowed before I go down to visit with him. Thank you!

[JFH 12,189]

Per visit you can stay a maximum of 6 months as a Canadian passport holder. Do you work? Will you get this much time off? 

[payxibka 10,044]

11 minutes ago, Cpanio said:

Hello everyone!

I have heard two very different things about visiting my spouse in America. I am Canadian. We aren't married yet, but have a big white wedding planned for October, 2019. I want to visit him for long periods of time so that we can at least be together. I have been told that I can only visit for 6 months out of a 365 day period. I have also been told that I just have to visit for 6 months at a time, so I could visit for 6 months, return for 1 month, then go back for another 6.

 

Does anyone know which of these two options is correct? I know of someone who did the 2nd option, where she visited for 6 months then came back for a month then visited for another 6. I just want to make sure this is allowed before I go down to visit with him. Thank you!

Firstly,  if you are not married then he is not yet your spouse.   Secondly,  there is no set written rule as entry is at the discretion of the border guard.

[designguy 1,179]

You can stay 6 months within a 365 day period. If you stay 6 months and leave for a month and come back you will be over the maximum allowed time. Also consider the IRS tax rules as follows

• Each day in the U.S. in the current calendar year counts as one day;
• Each day in the U.S. in the prior year counts as one-third of a day;
• Each day in the U.S. in the year before that counts as one-sixth of a day.

If the sum of those three numbers totals 183 or more, the IRS may insist you file a U.S. tax return.

[Cp192019 20]

7 minutes ago, JFH said:

Per visit you can stay a maximum of 6 months as a Canadian passport holder. Do you work? Will you get this much time off? 

I do have a job but it isn't the greatest, and I had plans to leave it. 

[designguy 1,179]

Just now, Cpanio said:

I do have a job but it isn't the greatest, and I had plans to leave it. 

Should add that it will be up to the CBP officer at the POE would will make a determination on your admission. If it seems as though you are trying to enter the US with immigration intent you may be denied entry which can affect any applications for visa's down the road. 

 

If you quit your job and then try and stay for longer periods of time this could raise a flag for the CBP officer

[Cp192019 20]

8 minutes ago, designguy said:

Should add that it will be up to the CBP officer at the POE would will make a determination on your admission. If it seems as though you are trying to enter the US with immigration intent you may be denied entry which can affect any applications for visa's down the road. 

 

If you quit your job and then try and stay for longer periods of time this could raise a flag for the CBP officer

Yes, I could see how they would think that. I had an alternative plan to try to drop my hours to casual so at least that way I could have long periods of time between my shifts. There's a lot to consider!

[designguy 1,179]

Do you have any plans to file for a K1 or CR1?

[Crazy Cat 39,214]

3 minutes ago, Cpanio said:

Yes, I could see how they would think that. I had an alternative plan to try to drop my hours to casual so at least that way I could have long periods of time between my shifts. There's a lot to consider!

Just remember that if , at any time, the CBP officer thinks you are trying to live in the US via a visitor route, you can be denied entry.......It is your responsibility to convince the officer that you will return to Canada after your visit.......good luck..

1 minute ago, designguy said:

Do you have any plans to file for a K1 or CR1?

A marriage in October would dictate a CR-1.

[Cp192019 20]

5 minutes ago, designguy said:

Do you have any plans to file for a K1 or CR1?

It's too late to file for a k1 because the process would finish after we get married. So we would file for a CR1 after we're married.

[debbiedoo 2,339]

if you are not married, you are not spouses. terminology is very important.

 

us/ca relationships are probably among the easiest simply because the proximity allows for constant visits.

 

get married, file a CR1 that way you can work immediately. You can visit fairly freely (paul came down here twice a month for 3 years nearly). never had a single problem. but he had strong ties (good job, letter from employer stating the dates he was leaving/returning, bank and credit accounts/loans, etc ) Keeping your job and ties to canada is imperative for that ability to be able to come back and forth. If the CBP thinks you are coming here and not leaving, they will not allow you in.

[designguy 1,179]

Just now, Cpanio said:

So we would file for a CR1 after we're married.

If your intention is to immigrate then definitely think about the long term plan rather than the short term satisfaction

[Cp192019 20]

Sorry everyone, I'm not exactly sure how to change the topic title from spouse to fiancee! 

[Crazy Cat 39,214]

5 minutes ago, Cpanio said:

Sorry everyone, I'm not exactly sure how to change the topic title from spouse to fiancee! 

The same visitation rules apply whether you are planning to visit a fiance or a spouse.....are you planning to marry outside the US or do you plan to marry inside the US, then return to Canada?

[Cp192019 20]

1 minute ago, missileman said:

The same visitation rules apply whether you are planning to visit a fiance or a spouse.....are you planning to marry outside the US or do you plan to marry inside the US, then return to Canada?

We are planning to get married here in Canada