canadian visitor in america questions? help

I am a Canadian citizen, who crossed into the USA in early June as a visitor. At first I had only planned to visit on vacation for 2 weeks, and this is what I told the border guards when I entered into USA. However I did really good at playing poker while on vacation, and have now been in USA for 4 months. Now I have some questions.

1. It is ok that I stayed for 4 months so far even though I said at first I was only going on vacation for 2 weeks? Since Canadians can stay 6 months at a time on vacation anyway, as long as I return back to Canada within the next 2 months its ok right?

2. I do good at playing cash games at poker when im in America. Is there anyway, to apply for some type of work visa for poker players? I read on some pro poker player sites, that it is not possible unless you win big tournaments. And I have not won big tournaments yet, just do good at cash games. Is there anyway to get some type of visa for that?

3. I graduated a few years ago from a gaming school with a degree in dealing poker. Lots of people tell me that poker dealing jobs are not under NAFTA, but I have heard a few people say that poker dealing jobs are listed under NAFTA, in the Hotel/Restaurant Management category. Is this true that casino jobs can fall under NAFTA and I can get a TN visa for some of these jobs, or is that not true? I am very confused on this part.

4. I met my girlfriend while on vacation here in the USA. She is an American citizen. We have talked about moving in together sometime next year, as the city I am visiting. Is the city she wants to move to. She does not live in the city im visiting right now, but she wants to next year. I plan on returning back to Canada within the next 2 months, and then visiting America again next year. When I cross back into the USA next year, as a visitor again is it ok that I can live with my girlfriend? I should just not tell border about that I guess though incase they freak out about it? We want to move in together for 3 or 4 months and see how it goes. And if it goes well then get married.

5. If we do get married in the future, if living together works out. What is the best way to do this? Should I go back to Canada again, and then have her file the paper work and do it that way. Because as a Canadian citizen, I can visit America 6 months at a time right? So if we lived together say 4 months, then want to get married. Can I get married to her right away, and be able to stay in USA, or would that look sketchy, and I be better off to go back to Canada and file the paper work that way?

6. I came to visit USA in June of 2008, and plan on leaving in November or December 2008. So I will be here on vacation either 5 or 6 months. And as Canadian citizen I can visit 6 months at a time right? What is the exact rule on this is it per calender year or per trip? For example since its almost the end of year. So when I leave in either November or December. Can I return back in January of 2009 if I want and stay another 6 months, since its a new calender year. Or do I have to wait until June 2009, and then I can stay 6 months again from that point, since I crossed in June 2008? My guess is since 2009 is a new year, the 6months would start when I cross back the next time no matter what month it is, but Im not completly sure?

Well if anyone can help me with some or all of these questions I would greatly appreicate it. Thank You

for info on marriage based immigration (and lots of other answers to your questions) see http://www.visajourney.com

1) They have no idea when you leave (not yet anyway, they're working on it) so it's not really that important. They do however keep a record of what you told them when you entered so you may have to explain yourself next time you enter.

2) From the sounds of it you're already working which is illegal. Going in as a visitor and playing a few games is a lot different from doing it as a profession. If you're over the $3,400 limit on US-source income you will have to file a US tax return next year, 1040NR and 8840.

3) Maybe, but it sounds like a big stretch to me. If you were running a casino and had the relevant degree and experience then yes, obviously you could. The further you get away from that the more tenuous it gets.

4) It is technically legal but yes, USCIS might give you grief about it, like Reba says, check www.visajourney.com

5) Doesn't really matter where you get married, the question is what paperwork you file. If you go back to Canada the quickest method is for her to file an I-130 for you.

6) Yes you can legally do that but I suspect USCIS may not like it because you are in essence continuing a six-month visit for six more months, they will get suspicious because they will want to know sources of income, why you overstayed more than the 2 weeks you said the previous year, what your living arrangements have been etc.

Even if you hadn't been in the US this year and said: "I'm planning on staying 4 months" that usually leads to lots of questions.

steven I have a few more questions to the answers you gave me

1. You said US customs has no idea when I leave, they are working on it? What do you mean by this? When I cross back into Canada, does Canadian customs tell US customs when I crossed back into Canada? And if so how long does it take for US customs to get that information from Canadian customs?

5. isnt the I130 paperwork, for people that are already married? So if I was to get engaged and then move back to Canada, and have my girl do the paperwork. Wouldnt we file a K1 visa and not an I130 form? And if we were to get married in the States, if everything goes well next time I am in the country. Is it possible I can just stay in the States, and file paperwork with her from the States? Or is it alot better to go back to Canada, and file the fiance K1 visa forms, and then get married after that is approved?

6. What is the exact rule on Canadians visiting 6 months? Does it go by calender year from January-December, or does it go from when you crossed last to next time you cross? For example I crossed in june, so does the calender year for 6 months count as June08-June09? Or it is a normal calender year from Jan08-Dec08?

poker, for info on marriage based immigration please see the link I posted earlier. ALL the info is already there for you to research. We're not recreating the wheel here.

Reba I know visajourney has stuff for the marriage stuff. But it doesnt help answer my other questions I had, which I still dont know the answers too.

if anyone can help with these questions please post.

1. when I cross back to Canada does Canadian customs tell US customs, when I cross back into Canada? If so how long does it take US customs to get this information?

2. When Canadians can visit 6 months out of the year as visitors. Does it count from January-December as a calender year, or does it count from when you cross as a year? For example if you cross in June the calender year would be June08-June09?

3. Can Canadian citizens join things such as the US Air Force or Coast Guard, or do you have to have a green card or be a resident citizen of the US?

4. I used to sell real estate, and also work as weatherman. I dont see any of this stuff listed in TN visas under NAFTA, is there any types of visas for this stuff?

visajourney was helpful a little about the marriage based stuff, but it didnt help answer my other questions at all. If anyone knows the answers to any of these please help me , and post the answers. I would really appreicate it. Thank You

I have 1 more question.

5. I saw a site called usgreencardlotterorg that you can pay for and they give out 50,000 green cards a year to move to USA. you have to pay to get entered in the lottery though. Is this a scam, and if not how hard is it to win a green card. they have a lifetime signup where you are entered every year for $300 fee, but is it very possible that you could never win the green card if there is so many entries? I do qualify for it according to the site, since my mom was born in Germany. but is it very very hard to win in it? Does anyone have any idea how many entries they might have a year?

1. when I cross back to Canada does Canadian customs tell US customs, when I cross back into Canada? If so how long does it take US customs to get this information?

not yet, but they are working on it.

2. When Canadians can visit 6 months out of the year as visitors. Does it count from January-December as a calender year, or does it count from when you cross as a year? For example if you cross in June the calender year would be June08-June09?

it depends who you ask. You can ask 3 or 4 different CBP officers and they'll all give you a different answer. Same as for people on an internet message board. Its either 6 months per calendar year, or its 6 months per visit, take your pick, take your chances.

3. Can Canadian citizens join things such as the US Air Force or Coast Guard, or do you have to have a green card or be a resident citizen of the US?

you have to have a green card to join the US military

4. I used to sell real estate, and also work as weatherman. I dont see any of this stuff listed in TN visas under NAFTA, is there any types of visas for this stuff?

nope


Canadians are not eligible for the Green Card lottery.

Poker we can see you are in a hury. You also seem to look at websites, but you don't read them. Reba pointed you to a website that had all the info about marriage and fiance. If you are Canadian born then the lottery is not for you. I am sure you cross a site that list the NAFTA categories... Read it!

You won't have any problem returning in Canada. As for the 6 month rule you have been explained the US side of it (by the way it 6 months less a day). The Canadian side of it is that you will loose several privileges, like health care, if you don't live in Canada for at least 6 months per year.

Moreover, I remember someone on this board that was actually ban from entering the US because of overstaying, well this person got from calling a CBP agent that the 6 months stay is per 12 months period. So if you entered the US on June 10, it means that you can stay until December 9. Or if you were to leave today (October 10) then you will still have 2 months less a day to spend in the US until June 10, 2009.

However, like Steven pointed out, they usually use the Calendar year. So you could be lucky and they could allow you to start a fresh 6 months right in 2009.

You should call CBP, they will explain it to you. And you know what? Since you like gambling, Just try it. The worst that will happen is that they won't let you in. But tell them the truth that you intend to be visiting for 6 months. From that you should be able to get your some answers.