Canadian in US tourist Visa/Student VISA Max stay question

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superdanlNew Member
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Posts: 1
Joined: 16 Feb 2010

Canadian in US tourist Visa/Student VISA Max stay question

Post Tue Feb 16, 2010 12:16 pm

I'm a Canadian citizen and was recently in the US on an F-1 student VISA for several years. My course is done and wish to stay longer (girlfriend lives here) but do not want to be here illegally.

I know we are required to spend no more than 6 months a year in the US as a tourist but wondered if the time I spent as a student counted towards the time?

Basically I've been a full time year round student in the US for the past 3 years and finally finishes at the end of February. I am returning to Canada for a weekend to turn in my F-1 and then come back as a regular Canadian (B-1) and wanted to know how long I am legally allowed to be here.

Does my maximum of 6 months start now or did the first 2 months of this calender year as a student count towards that and am I now only allowed 4 months as a tourist?
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CalGreenCardCanuckAbroad VIP
Posts: 245
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Joined: 16 Feb 2008

Re: Canadian in US tourist Visa/Student VISA Max stay question

Post Tue Feb 16, 2010 1:41 pm

superdanl wrote:Does my maximum of 6 months start now or did the first 2 months of this calender year as a student count towards that and am I now only allowed 4 months as a tourist?


There's a risk that you won't be allowed in at all. You are supposed to re-establish residence in Canada in order to come back in as a tourist and this would be hard to do over a weekend.

Of course as an F-1 you were theoretically never supposed to abandon Canadian residence in the first place--but returning as a tourist so soon after a longer term stay might attract some scrutiny regardless.

Best bet would be to change status to B-2 within the USA using Form I-539. The 2 months on F-1 shouldn't count against your allowed 6 months on B-2.
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Charleston45New Member
Posts: 6
Joined: 25 Jun 2010

Re: Canadian in US tourist Visa/Student VISA Max stay question

Post Fri Jun 25, 2010 1:13 pm

My son graduated from a 4 year college in SC. H3e then applied for an got an extension of his F1 and work permit. It cost about $500 and was done through the school.
He has just finished his 1 year and is heading home this weekend and will turn in his F1 on Sunday. Make sure you do that because the next time you head to the US you will be detained. He is engaged with a SC girl and if they get married witch should happen on May 28, 2011 and they decide to live in the US, they know it will take time and a lot of proof that it is a real marriage. It isn't a slam dunk like in the old days. However after 3 1/2 years and people lined up to sponsor him we know he will have no problem. As of right now she wants to come to Canada. Personally a Southern girl just needs one winter here before those sunny beaches of Myrtle Beach will call her home.
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