Does being Canadian affect this?

[Mrsjackson 300]

I filed my AOS a little late (literally one day under 180 days). So normally that would be an overstay. But what I’m curious about is this: as a Canadian, I have always been allowed to stay in the US for up to eight months (a lot of Canadians are nicknamed “snowbirds” because they have homes or timeshares in the southern US and just ensure they come back up for a few months for tax/overstay reasons). So my I-94 expired on September 9th, but would it actually be accruing unlawful presence being that I am still a Canadian? Does my Canadian benefit of being able to stay up to eight months in the US change because I entered on a K1? 

[payxibka 10,044]

4 minutes ago, Mrsjackson said:

I filed my AOS a little late (literally one day under 180 days). So normally that would be an overstay. But what I’m curious about is this: as a Canadian, I have always been allowed to stay in the US for up to eight months (a lot of Canadians are nicknamed “snowbirds” because they have homes or timeshares in the southern US and just ensure they come back up for a few months for tax/overstay reasons). So my I-94 expired on September 9th, but would it actually be accruing unlawful presence being that I am still a Canadian? Does my Canadian benefit of being able to stay up to eight months in the US change because I entered on a K1? 

Even as a Canadian you are not guaranteed maximum allowable stay every time you enter 

[Mrsjackson 300]

3 minutes ago, payxibka said:

Even as a Canadian you are not guaranteed maximum allowable stay every time you enter 

Okay, so just to expand on that, do you mean to say that entering on a K1 visa might have altered my usual maximum allowable stay? 

[USS_Voyager 1,971]

10 minutes ago, Mrsjackson said:

I filed my AOS a little late (literally one day under 180 days). So normally that would be an overstay. But what I’m curious about is this: as a Canadian, I have always been allowed to stay in the US for up to eight months (a lot of Canadians are nicknamed “snowbirds” because they have homes or timeshares in the southern US and just ensure they come back up for a few months for tax/overstay reasons). So my I-94 expired on September 9th, but would it actually be accruing unlawful presence being that I am still a Canadian? Does my Canadian benefit of being able to stay up to eight months in the US change because I entered on a K1? 

If you entered on K-1, the I-94 attached with the K-1 is what's in control. You would have to enter as a Canadian for all the other stuff to be in control. You can't have it both way. It's either or.

[payxibka 10,044]

Just now, Mrsjackson said:

Okay, so just to expand on that, do you mean to say that entering on a K1 visa might have altered my usual maximum allowable stay? 

A k1 is 90 days. Period,  no exceptions 

[Mrsjackson 300]

Just now, USS_Voyager said:

If you entered on K-1, the I-94 attached with the K-1 is what's in control. You would have to enter as a Canadian for all the other stuff to be in control. You can't have it both way. It's either or.

Not trying to have anything both ways just trying to ascertain how it all works. Entering on a K1 with a Canadian passport. It’s not cut and dry to me. So your assertion is the expiry on the K1 is when I started accruing unlawful presence? Do you know for certain? 

[Mrsjackson 300]

1 minute ago, payxibka said:

A k1 is 90 days. Period,  no exceptions 

Yes I know that a K1 is 90 days. I’m asking about being a Canadian on a K1. So are you saying it doesn’t matter that I’m a Canadian and can normally be in the states legally for more than 90 days? That’s my specific question here. 

[payxibka 10,044]

Just now, Mrsjackson said:

Yes I know that a K1 is 90 days. I’m asking about being a Canadian on a K1. So are you saying it doesn’t matter that I’m a Canadian and can normally be in the states legally for more than 90 days? That’s my specific question here. 

That's what no exceptions means.  Your citizenship doesn't matter 

[USS_Voyager 1,971]

Just now, Mrsjackson said:

Not trying to have anything both ways just trying to ascertain how it all works. Entering on a K1 with a Canadian passport. It’s not cut and dry to me. So your assertion is the expiry on the K1 is when I started accruing unlawful presence? Do you know for certain? 

Yes. Another way to put it is, you do not get the benefits of being a Canadian if you entered on K1. You are treated the same as any other K-1 holders from any country. Being Canadian does NOT grant you additional days of staying on top of the K-1 I-94.

[Mrsjackson 300]

Just now, USS_Voyager said:

Yes. Another way to put it is, you do not get the benefits of being a Canadian if you entered on K1. You are treated the same as any other K-1 holders from any country. Being Canadian does NOT grant you additional days of staying on top of the K-1 I-94.

Okay, that’s what I was looking for. Thanks. Do you happen to know where I can read more about this? How did you know that entering on a K1 means my usual benefits as a Canadian citizen are not in place? I only ask because I searched for a long time and couldn’t find anything on the subject, hence why I posted here.. 

[payxibka 10,044]

8 minutes ago, Mrsjackson said:

Okay, that’s what I was looking for. Thanks. Do you happen to know where I can read more about this? How did you know that entering on a K1 means my usual benefits as a Canadian citizen are not in place? I only ask because I searched for a long time and couldn’t find anything on the subject, hence why I posted here.. 

You were admitted with k1 status not as a Canadian visitor.  A different class of entry.    A k1 is 90 days.  Nothing more to read

 

If you entered with an f visa and were granted a  one year stay,  would you expect them to only give you 8 months because you are Canadian?  No, the rules are based on the class of entry you were granted at the border

Edited August 21, 2019 by payxibka

[USS_Voyager 1,971]

5 minutes ago, Mrsjackson said:

Okay, that’s what I was looking for. Thanks. Do you happen to know where I can read more about this? How did you know that entering on a K1 means my usual benefits as a Canadian citizen are not in place? I only ask because I searched for a long time and couldn’t find anything on the subject, hence why I posted here.. 

It's just common sense on how visa works. It depends on how you were admitted. For example, if you entered the US on an H1B visa as a Canadian, you're allowed to stay up to 3 years, because you were admitted in H1B classification. If you enter the US as a Canadian (which is a special classification afforded to you because the two countries have a separate agreement), you get the benefits of that classification. If you enter the US on the K-1, you have to adhere to all the conditions of that classification. Those benefits do not cross over or "combine". 

[designguy 1,179]

11 minutes ago, Mrsjackson said:

Okay, that’s what I was looking for. Thanks. Do you happen to know where I can read more about this? How did you know that entering on a K1 means my usual benefits as a Canadian citizen are not in place? I only ask because I searched for a long time and couldn’t find anything on the subject, hence why I posted here.. 

There is no special "Canadian" visa. When you enter as a Canadian you enter on a B2 visitors visa UNLESS you enter on a specific visa cateogory (as you did). The date you are permitted to say in the US is the date on your I-94. Also a B2 grants you a stay for 6 months not 8 months (unless the stay is extended or a different date is stamped on your I-94)

 

So you didnt file a little late. You file 89 days late

Edited August 21, 2019 by designguy

[belinda63 2,981]

Begs the question of why does it matter? If you leave prior to obtaining your AP or green card you will be considered to have abandoned your AOS. Doesn't matter if you had an overstay or not. 

[Mrsjackson 300]

Just now, belinda63 said:

Begs the question of why does it matter? If you leave prior to obtaining your AP or green card you will be considered to have abandoned your AOS. Doesn't matter if you had an overstay or not. 

I have my AP. This is just out of curiosity.