6 Months in Canada & 6 Months in US

Hi all,

I just recently joined because Im seeking an answer from all you knowledgeable folk here at Canuck Abroad.

So for starters, Im Canadian. This Christmas my brothers, mom and I will be going over to California to spend with our relatives there. This is the first time Ive ever been out of the country (sad, I KNOW) and am looking for some advice as to how long my mom can stay there.

My brothers and I, will be leaving on the December 23rd and returning on the 6th of January. Thats not a problem. My mom on the other hand, despises the cold here in Canada, and wants to stay in California until winter is over. She plans on spending 6 months over in Cali.. and then coming back to spend 6 months here in Canada. Can she do that?

She will not have any visa.. or any job.. shell just be visiting my relatives, as they have not seen each other for 10+ years. Will she have to bring anything with her. Will she have any problems coming back to Canada?

She definitely has to come back to Ontario in 212 days (7 months).. or else her OHIP will be postponed, and since shes got HBP, she must come back to get medicines, and cant afford to have OHIP suspended.

So to cap it all off, will my mom be able to stay there for 6 months, and come back to Canada after that period without any problem? Does she need to bring proof of residence .. or bank statements or anything with her? We dont own a house, and she doesnt have a job here in Canada. Although she does have a bank account?

So sorry, I looked through the threads, but havent find any definitive answers. Im just afraid that something bad will happen.. i.e. my mom not being able to come back to Canada.. or return to the USA.

Thanks in advance!!

Trying

-- Mon Dec 07, 2009 10:11 am --

Stay less than 6 months

-- Mon Dec 07, 2009 10:12 am --

Problems with site, will fill in more if site clears up.

Hi , I cant really not help because I have a similar question, but my understanding is you can legally visit the us for 6 months out of the year without problems as many snowbirds from canada do just that, my question is a little different but my problem is I cant find out how to post a question, I can just see how to answer, lol i am sure you will get answers here,

The important thing is to be confident and direct whan answering the Officer.

Your mom might say "I am going to visit my sister edna in podunk for the winter, I will return to my home in bobcaygeon on April 15th."

Thanks for your reply!

So assuming that she answers the officer directly and confidently it should be okay?...

Itll be fine if she stays for 6 months?.. or should it be like 5 months and 3 weeks etc.? And, would she need to bring papers or something that details that she has commitments in Canada? If so, I really dont know what that would be -_-''

Anything that shows proof: Driver's license, lease, utility bill, phone bill, bank statement, etc.

The fact that she is visiting reltives is also in her favour, as does the ability to give a definite date of return (and not just 6 months form now.... a more reasonable date like April 15th or May 15th would make more sense.

If they are unsure of her desire to return, they will sometimes issue an I-94 with the date that she would negociate. In such case she cannot stay past that date, even if it is only 4 or 5 months.

Thanks agnelson =P

Today, I called up CBP and asked them questions. They also confirmed that the maximum length of stay is around 6 months without a visa. They also mentioned the fact that if the officer was suspicious of when my mom would return to Canada that I would have to ask for an I-94.

Problem is, we did not purchase a return ticket for my mom. We only purchased one-way tickets from Buffalo to Cali. Then for my brothers and I, 3 one-way tickets from Cali back to Buffalo. We did not purchase one for my mom, as I didnt know when she would be coming back yet. Therefore, there is no definitive date. Could I just simply make one up?

Also, my mom just recently sold her house in September. Now, she has no house.. therefore no bills.. she has no cell phone.. therefore, no bills as well. She has a bank account and RRSP etc. but the woman I called today from the CBP told me that those would not count as proof of residence?

She owns a car, but its not in her name. So really, there is nothing legally tying her to Canada.. except that she has Canadian citizenship.. a drivers license/health card/SIN card and immediate family in Canada.. and RRSP's &GIC's.

Would those be enough to prove residence? Once again, I appreciate all your help.

Donna.

It is typically not the visitor that askss for an I94; it is usually the CBP that issues an I-94 with a hard return date when they are suspicious.

Things are as they are; CBP will either let her in or they won't; it;s their country, their rules.

She will not have any visa.. or any job.. shell just be visiting my relatives, as they have not seen each other for 10+ years. Will she have to bring anything with her. Will she have any problems coming back to Canada?

It should not be a problem returning to Canada especially if admitted into the U.S.

However, I think sometimes there is a bit of a misconception between the U.S. and Canadian sides. Some individuals don't realize it is not only CBP that cares why you are in the U.S. Canada Customs and Border Protection also cares why you are in the U.S. as evidenced by some of the interactions that go on when crossing back into Canada at the various ports.

Some are lead off into secondary inspection on the Canadian side as well when things don't quite check out or seem right. Just be honest and have your passport ready when crossing and all should go well.

She really should have a return ticket. Even if she was only telling them she's going for 2 weeks, without a return ticket they could very well deny her entry based on suspicion that she will be trying to stay illegally.

A return ticket can be changed for a small fee in most cases to a different date. I'd strongly suggest she gets a return ticket.

How can she "own" a car that isn't in her name?

I would also strongly suggest that if she has health problems that she needs to buy travelers health insurance. You REALLY don't want to be caught sick in the US without any insurance! OHIP won't cover all of a hospital stay, and she'd be stuck with the rest of the bill, which can quickly reach the hundreds of thousands of dollars. Even a quick trip to the ER can cost well over $1000 just for a shot in the ass for a migraine.