Extended US Visit

[Lyrinna]

Hello,

My SO lives in NY and is wanting me to come visit him for longer than our normal visits. I want to visit him as well as the distance has not been kind to us recently. But I want to know as much as possible about me going down to NY for a few months. I am currently a Canadian citizen and I have read a little about Canadians being allowed to stay in the USA for up to six months without having to apply for a visa. Does anyone know anything about this or have experience? Assuming I can visit for the six months, how long do I have to be in Canada before I could visit again? Thank you.

[Moon]

Here's everything you need to know. This was an easy one

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

[Lyrinna]

Thank you, any idea what would count as "The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant."?

[Moon]

You need to convince them you aren't planning to to emigrate to the US, while a tourist. In other words, if they're suspicious, they can turn you away. You should be able to show enough ties to Canada that they won't think you're planning to stay. Things like an apartment lease, a mortgage, university courses can help, but I'm not an expert in this, I only know what I read here. I only get to see my guy a few weeks a year in Finland, so I don't have any trouble. You can try visajourney.com, though your situation is different than what they do, or someone will probably come along here with a better answer.

[Lyrinna]

I don't have any of that stuff...

[Moon]

You first stay will probably be OK, but I'd be very careful after that. Do not try another 6 month stay before a full 6 months has passed, at least. Look through the visa journey site I posted, do some research, know what the rules are, from the people who've been there, even if it's not exactly Canadian/US relationships.

[Riyko]

before i started studying in Canada and eventually getting my Canadian Citizenship, I did a 6 month study period on a tourist visa (it was legal at the time, not sure if they allow that anymore) and all they asked me to show was that I had a place to stay while in Canada along with my return ticket home (the tie back to the US). As for visit's it's usually how ever long you stay in the US is how long you have to be in Canada before you can return to the US again so an example is 6 months in the US, 6 months in Canada.

[kittyo9]

Will you have a return ticket (most common) or a job to come back to? Significant property (ex: car, house, boat) that you'll be leaving in Canada? Anything that might suggest you have to be back in Canada again after a certain period of time?

A good rule of thumb is that you should stay in your own country for at least twice as long as you were in the US (but of course that's a full year if you stay for 6 months so you can decide how you feel about that). I think trying another 6 months after staying at home for 6 months is seriously pushing it. You might be better off staying for less time and making another trip sooner.

[Lyrinna]

I'm just finishing up school now, so I won't have a job or school to come back to. I do plan on getting a job to have some money for my time down there but I highly doubt any employer will let me return after a six month absence. I don't have a house and no way of proving that I actually pay rent. Six months in the USA and then a year in Canada is definitely not an option. I still want to keep this perfectly legal though, so I don't hurt myself when I go to apply for a K-1 visa (hopefully).

[Moon]

Rules for Canadians aren't as strict as they are for people in other countries. Even other VWP countries only have to stay out as long as they've been in the US, 6 months in/6 months out is legal for Canadians - BUT - border control doesn't HAVE to let you back in, if they think you are emigrating, they can deny you entry for any reason at all, which is why you have to be careful. If it looks like to them, that you're really kinda living in the US (which it does sound like you'd be doing), you won't be allowed back in without a visa.

[Lyrinna]

We want to spend the time living together to make sure that we actually can live together, and hopefully strengthen our relationship. We don't want to have to rush to get married just to get me down there. The plan would be to apply for a K-1 afterwards.

[Moon]

We want to spend the time living together to make sure that we actually can live together, and hopefully strengthen our relationship. We don't want to have to rush to get married just to get me down there. The plan would be to apply for a K-1 afterwards.

I do understand that, but sometimes there's a difference between what you want to do, and what you can do. You have to realize that the government couldn't care less about your relationship, they don't make exceptions because of them. Remember that it isn't personal, those rules apply to everybody, even when they seem difficult. If you think you'll want to go K-1 at some point, be very careful to follow the rules, it's quite important, even if it doesn't seem ideal. Most governments work this way, just be glad you're Canadian, so you get 6 months, instead of 3

[Lyrinna]

I've posted on the visa journey site, the people there are suggesting I don't try to stay for more than two weeks. :'(

[Moon]

I've posted on the visa journey site, the people there are suggesting I don't try to stay for more than two weeks. :'(

Listen to them, they've been through it before. Get a lot of opinions from there though, follow that site for at least a few weeks, as everybody's experience is different. You will be more suspect to boarder control, because you're young and don't have any solid ties to Canada, so keep reading until you feel you have a really good understanding of what you need to do.

[lovefrom2800milesaway]

I haven't tried/had the intention of staying in the USA for an extended period of time BUT I have stayed in the USA for longer than 2 weeks. The first time I went to see my SO in July/August 2013, I stayed for 3 weeks. I went back again for 3 weeks in December 2013/January 2014. I'm more than certain you can stay for longer than 2 weeks in the USA without any troubles at all.