Canadian overstayed in the US without passport stamp

Hi!
I am a Canadian citizen and entered the US by air over 6 months ago. It was originally going to be a 2 week trip, however I decided to stay. I have no property (my canadian address is at my parents') or job in Canada and have been staying with friends while living off my savings.
My passport was never stamped when I entered the US by plane.
I recently learned about the 6 month allowable maximum stay per visit and am a little nervous. I am going home for a couple of weeks over the holidays, but want to return again to the US to continue my travels.
For financial reasons, I will be flying into New York and then getting picked up by family to return to Canada by car.
Questions:
1) Do the US customs have a record of my original entry date by plane and then re-entering Canada by car after the 6 month allowable time (even though my passport was never stamped)?
2) Will I be allowed back into the US after my holiday trip to Canada?
3) I don't want to lie to the customs agent, but will I be ok if I reiterate what I wrote in this post?
Any help would be greatly appreciated as I am very nervous about being banned from the US (as I read in a few other threads).
Thanks for your help!

1) US CBP will of course have a record of your entry by plane. Whether they will get notified that you left or not is not entirely consistent. But at the very least, they will have no record of you leaving (at worst, they will have canada customs notattion that you left late), and may ask you how much time you spent in US last time, and how much time you've been out.
2) Only if they do not ask you anything.
3) if you repeat what you've said in youtr post, you will probably be denied entry, since it will become clear to them that you overstayed, which is a no-no, and that you seem to not be interested in actually living in canada, but are semi-permanently in US, which is also a non-no. The tiniest amount of scratching by the guard will expose your ineligibilty for entry.

So, really your only hope to re-enter US is that the guard is sleepy, and nothing on his screen attracts his notice.

You aren't supposed to live in US.

And, from Cdn point of view, your medical coverage is dead, btw.

Thanks for the quick response, agnelson.
I'm actually ok on the medical coverage front, as I contacted my Canadian health care and selected my return date based on the time frame they gave me (it is just over 6 months for my provincial health care system). At the time I decided on my return date, I was not yet aware of the 6 month max in US. Yes, that is a big no-no on my behalf as I should have looked into the US allowable max stay as well.

I guess I was just hoping that someone would have some good news for my situation.

On the question of medical, returning after 6 months (or 7 in ontario) is fine, however that means staying in the province for the other 6 or 5 months, not immediately leaving. That is whey old folks go to florida for 6 months PER YEAR, not six months, go home for 2 weeks and then come back: that invalidates their medicare.

The calculation of days in country is a "rolling period", so once you have used up the days away, you need to build up time in canada before leaving again... and this doesn't take into account days outside from before your most recent trip.

Besides, as we all know, having RAMQ or OHIP when in US is of little value.

Thanks for the clarification.
I'm not too concerned about the medical piece...I am more focused on the idea of being barred from the US for 3 years minimum.
I will have overstayed in the US by just under one month. Are there lesser penalties depending on the time you have overstayed?
It was not my intention to overstay, and I should have looked into the timeframes from a US customs standpoint and not just health care.
Is there anything that I can do?
Also, I am marrying my US fiance in a few days here in the US.
That probably puts a little more complexity to my situation...?

talk about leaving out details. If you marry a US citizen, since you have overstayed as well as married whiel a tourist, you are pretty much stuck in US until you get your Green Card!!

Forget travel at this point. So, I guess living offyour savings as you "travel the country" was a bit of a lie. That too will get you in trouble at border.

For infor about marriage in your situation, best visit Visajourney.com, they are used to these cases.

that little bit about being married should have been mentioned first.

DO NOT LEAVE THE US until you have your green card in hand. You're pretty much stuck there now.

www.visajourney.com and http://www.uscis.gov/portal/site/uscis/ ... 2ca60aRCRD

Thanks.
Sorry, I didn't think it was a big factor in determining whether or not I would be allowed back into the US.
I will take your advice and cancel my trip back home.
Thank you for your help.

Ag & Reba..

Wouldn't the greencard at this point would be null in void because she has overstayed?

Don't understand about "null and void". First, she doesn't have a green card, so there is nothing to void at this point. Second, IF there was a sense of fraud in her application, then she possibly wouldn't be granted GC.

I say "possibly", because since the situation described in this thread happens ALL the time, the Immigration Act has a provision that allows those who marry a US citizen to be forgiven all kinds of immigration transgressions (and what our poster's situation hardly rises to the severity that that rule covers), usually by paying a small fine at the time of GC processing. The typical requirement is that the person last entered the US legally. So, overstays and even illegal work are routinely forgiven.

So, GC possibilities are alive and well, but, that is the only thing at this point that is going to save her bacon. If she leaves at Xmas, she will literally have to sneak back in. That could be viewed as an illegal entry, and now we are getting into territory that she does not want to visit.

And we all know the stories....