How do CBP find out duration of stay in US

If a Canadian citizen enters US by simply showing her passport at the border and stays back in the US for longer than 6 months, how can the CBP find out? She's not going to be working, neither will she go to school in US.

If and when she does go back to Canada and then reenters US, how will the CBP find out when she exited US the last time around? Does the CBP and CBSA have an information-sharing agreement between them?

Why would "she" intentionally overstay? If you just do things legally, it makes it a lot easier - you never have to lie or anything. When she enters the U.S. the next time around, is she now going to have to lie and stutter her way through trying to enter?

Her passport will be scanned when she flies out of the U.S., if she drives then perhaps the U.S. border will not know when she left. But what if they ask? She will not know what information they have and if they catch her in a lie then she could be banned entry from the U.S.

It sounds like what you're asking is... what can "she" get away with.

I am a US LPR married to a Canadian citizen. As a LPR, I have 2 options:
1. Wait 5 years to become US citizen and then sponsor to bring my wife over which will take an additional 1 year. In total, 6 years away from wife and new-born baby.

2. Apply to sponsor her while being a LPR myself and that will also take 5 years for her priority date to come up. Once that priority date comes up, it will take an additional 1 year (at least) for her visa to be issued. In total, 6 years away from wife and new-born baby.

I don't know about you but I am a human being with feelings for my wife and new-born baby. I would like to 'stay' with them in the same house instead of maintaining a long-distance relationship.

My hands are tied. I am a Ph.D student in US and I can't leave US until I finish my degree (at least 5 years, again).

US citizens can bring their wife and kids over in a matter of 9 to 12 months. Even international students studying in US can bring their wives over. But somehow US LPRs are not considered 'human' with emotions.

That's the gist of my story. So, before I am accused of 'trying to get away' with lies, one should consider the background.

My wife is a housewife and NEVER intends to work. I am going to be homeschooling my son. I do not ever intend to depend on any sort of government assistance for myself, my wife or my baby.

All I want to do is bring my Canadian wife to stay with me until I can legally sponsor her.

We will always be coming to and going out of USA by land. My passport nor hers have ever been scanned when we crossed the border. I don't see how they will find out.

I only want to see whether there is still a way for them to find out.

If this post is considered 'asking for help to perform something illegal', then feel free to delete it.

Only people who just got married and has a new-born knows what I am going through. Others will find it difficult to empathize and I understand that.

You asked a question and I simply answered it. I didn't accuse you of anything. You didn't give any background information.

You have definitely come to a good place for answers - this forum has helped a lot of us.

Yes, there is a way for the border to find out - the CBP is planning on tracking all land, air and sea entries and departures into and out of the U.S. - Steven would be a better one to answer the details on that though. In June, every Canadian is required to have a passport to enter the U.S.

I think also she might find a really sticky situation when she comes back to Canada and then enters the U.S. and they ask her where she is living - what job does she have - what ties does she have to Canada - what is her intent in the U.S.? What will she say? If she says she is living in the U.S. with her husband yet has no legal status, they will most likely deny her entry.

I can empathize with you - what happens though when you try to bring her here legally and she's been here illegally for that many years? I would definitely not want to be parted for that long - of course that would be way too hard. Although she doesn't plan on working - is there a possiblity she would work (perhaps eligible for a TN)? Or would she be eligible for a deriviative status of your student status? I would really hesitate for her to stay her illegally because once you do apply for her to stay, you may find yourself in a bit of a pickle.

I don't know what the answer is here. Maybe Steven or Reba or another forum member can enlighten you a bit more than I can. Good luck to you and your family and congrats on your newborn!

Thanks. I apologize for the harsh tone in my previous post.

Don't quite know what I will be doing. I guess I just have to keep hoping CBP doesn't track departures from US by land any time soon.

I'm afraid you don't have many options, but her overstaying a six month visit is a very bad one because if she gets denied entry for an overstay then sponsoring her at any point in the future becomes much harder.

CBP can track when Canadians leave but it's very spotty, because they have access to CBSA entry records but CBSA aren't very good at monitoring the arrival of Canadian citizens. If CBP are suspicious about your reasons for entering they can parole you in or impose an I-94 requirement (which is essentially the same thing) and then if you don't leave by that date there will be a record at some point that you didn't leave on time. This rarely happens to Canadians but a Canadian citizen visiting an LPR husband might cause them problems.

As long as she has non-immigrant intent (i.e. an abode abroad and proof of it) then CBP can let her enter to visit, but they may get iffy about it if they know she's visiting her LPR husband.

If you intend to live in Canada at the end of your study then the thing to do is abandon LPR status and re-enter as an F-1 student, then she can join you on F-2.

Part of WHTI is that they're going to be increasing the use of technology, both US and Canadian passports are supposed to be beefed up with security features at some point such as RFID chips, which is the case now with NEXUS cards and EDLs, and one of the reasons for this is to keep track of the departure of Canadian visitors.

I'll third the suggestion that having her continuously enter the US as a visitor is not a good idea. Eventually they *will* determine that she is in the US more than Canada and will deny her entry, and won't let her back in until she gets some sort of visa to allow her to do so.

As Steven and fiestagirl said, they do share in/out information, so it won't be too difficult for them to find out how much she is in the US. Especially after June 1 this year. Which is fast approaching.

And as she will be travelling with your baby, and will obviously have no ties to Canada, she will be questioned at the border and perhaps denied entry her first attempt.

It's not clear from your post how you got LPR status. Did you get married after you got it, or get your visa number before you were married? Because usually dependents get it simultaneously. I can't understand why you are figuring on waiting the full five years because that sounds as though you only just got it.