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How long Canadian Citizen can stay in USA

Discussion in 'Canada-USA Travel and Visa Issues' started by Sunnyrai, Feb 20, 2004.

  1. mikey8335

    mikey8335 New Member

    Length of stay for Canadian in Usa for compassionate reason?

    My sister recently underwent major surgery for abdominal & ovarian cancer. She requires constant assistance for all everyday functions. I am the only relative able to give her this help. With upcoming chemotherapy &possible radiation treatments I fear that I may have to stay in the USA for longer than 6 month. My normal residence is in Ontario, Canada & my sister resides in Florida. Is there anyway THAT I CAN EXTEND MY STAY FOR LONGER THAN NORMALLY PERMITTED ?
  2. Bellaluna

    Bellaluna New Member

    Question about the 6 months period


    I am curious about several things.

    1- I have a Canadian citizen friend who arrived in the US on December 18. She says that the days she spent here in December do not count towards the six months period of the new year, meaning she could stay until June 30 because the six months period out of a year was reset on January 1st. Is she right?

    2- If she were to leave in April and return home for about a week and then come back, would it renew her 6 months period or would it simply mean she would have 3 more months?

    3- I know she is in the process of a divorce and is awaiting the final judgement to be made on her case. She and her boyfriend are 'engaged' and plan on marrying after that is done. She has read somewhere about fiancee's visa and whether or not it would be better for her to get married in the US and then file everything from here. Anybody have information on that too?
  3. CalGreenCard

    CalGreenCard Registered Users (C)

    This question tends to get asked a lot so I'll answer it even though it has been a few months.

    Each VISIT is limited to six months. In addition, many CBP officers will ALSO use a rough rule of thumb of six months per calendar year but that doesn't change the fact that there is a limit of six months per VISIT. So she needed to leave by six months after Dec 18. Since we are now a few days beyond the six month limit, if she is still here, she would need to leave ASAP.

    The basic issue here is that she needs to be LIVING in Canada. Someone living in Canada has things in Canada they need to go back to: a job, school, family responsibilities, a house they need to maintain, friends. The actual number of days is less important than that she present a clear picture of living in Canada. Unfortunately someone trying to squeeze out every last day in the USA with their boyfriend isn't living in Canada. They're living in the USA with their boyfriend.

    If she went back in April (or now) for a week, it would have been a crapshoot. She could be fortunate and simply get admitted in the usual way in which case she'd have a new 6 months. Or she might be less fortunate and have the CBP officer notice the amount of time she is spending in the USA in which case she might face some combination of very harsh and humiliating questioning, a limit (much less than 6 months) on how long she can spend here, or outright denial.

    She can do either a fiancee visa--which takes awhile to process and must be done from Canada--or adjust status within the USA. The problem with the latter route is that if they suspect that she intended to get married as of the last time she entered the USA, this could be considered immigration fraud and result in severe consequences. But it is OK if she enters intending only to visit and later has a bona fide change of mind and decides to stay and get married. For this reason, it is better--if she chooses to get married in the USA and do everything from within the USA--if she gets married towards the end of the six month period (assuming she gets a full six months).

    Also if the divorce doesn't become final until after she entered the USA (I don't know if she needs to be physically present in Canada for this?) she could point to this as a reason why her plans changed: after all, she wasn't thinking of remarrying when she entered the USA because her divorce wasn't final yet.
  4. Jalaine

    Jalaine New Member

    I'm a canadian and was granted a TN status in U.S.; currently with a full time job as a RN in America. I moved to U.S.A. last Oct 14, 2015. I would like to know when I'm supposed to return to Canada to maintain my citizenship along with the health benefits. Some told me it's every 6 months, some say it's only once a year. Given my date of transfer, when should I return to Canada and is there a required number of days I should be staying there?
  5. Jalaine

    Jalaine New Member

    Am I considered a "visitor" when I'm working in America with a TN Status and have to go back to Canada every 6 months?
  6. Randy711

    Randy711 New Member

    I have a question. if I am a us citizen and my spouse is canadien. how long can she live in the United states with me without a visa?
  7. newacct

    newacct Well-Known Member

    A visitor can stay for 6 months.
  8. Randy711

    Randy711 New Member

    Even if the passport was never stamped? can I sponser my spouse into United states even after 6 months of liveing there?
  9. 1AurCitizen

    1AurCitizen Registered Users (C)

    Canadian passports are usually not stamped at the US border crossing.
    If spouse is currently in Canada, you may petition the spouse for a IR\CR1 visa; the process takes approx 12 mos from submission to interview, which will be in Montreal.
  10. guavalyna

    guavalyna New Member

    I am a canadian citizen and been in the us for visit almost 4 months now. I am planning to go back to Canada for a week then come back in Us for another vacation.

    How long do I need to stay in Canada before coming back to visit the states for a couple of more months again?

    Is the 180 days /365 days counted wheter I go back and forth?
  11. Nicolas Rhiley

    Nicolas Rhiley New Member

    The Canadian passport is sufficient documentation for crossing the border, a Canadian citizen can stay in the United States for no longer than six months.
  12. cafeconleche

    cafeconleche Registered Users (C)

    While any visitor ought not to stay in the US for more than 180 days/year, this can also be extended while in the country, so a longer holiday in the US isn't necessarily precluded. Given what you've told us, they could easily let you back in for another couple of months, giving you a total time here of about 6 months, maybe more. It's all dependent on the agent at the border, but depending on your funds and ties to Canada, you could fine, or you could get a difficult officer.
  13. nelsona

    nelsona Registered Users (C)

    A good rule of thumb when one makes one or several B2 entries into US for long periods of time, is to ensure (and be able to prove) that one spends at least 1/2 their time outside US. So, if one has recently stayed 4-6 months, it would be best if they stayed out roughly 4-6 months before attempting a re-entry. This gives the CBP officer -- who has the final say on these matters -- a comfortable feeling that the person is not a likely overstay candidate, nor is attempting to "live" in US without a foreign home.

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