In US on B2 visa, 6 months almost up

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allioopsNew Member
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Joined: 17 Jan 2009

In US on B2 visa, 6 months almost up

Post Sat Jan 17, 2009 10:40 pm

Hi, I am a Canadian citizen in the US on a B2 Visa. My 6 months will be up in March. I have spent a lot of time (more than 6 months per year) in the US over the past 2 years.

I usually don't have any trouble going back to Canada for a couple weeks then returning to the US. I always take proof of sufficient funds to be in the US long term, proof of income from my job in Canada, tax returns, as well as documentation of property ownership in both countries. I know it is a gamble every time whether they will let me back in or not ... but so far, so good.

Assuming no one takes exception to the amount of time I have been in the US my question is this - Do I need to go back to Canada and re enter the US, or can i go to a different country and re enter to reset the six months? Perhaps the Bahamas, Mexico or someplace in Europe?
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Reba

Re: In US on B2 visa, 6 months almost up

Post Sun Jan 18, 2009 7:37 am

How is it you have a job in Canada if you're never there? Or how is it you're working in the US if you don't have employment authorization?
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allioopsNew Member
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Posts: 3
Joined: 17 Jan 2009

Re: In US on B2 visa, 6 months almost up

Post Sun Jan 18, 2009 2:36 pm

My job in Canada is VERY flexible.Call it an executive consulting type of position. I receive an income whether I am there or not. And when I am there I do what needs to get done. It is a complicated arrangement to explain but I do not work in the US and have no intention of doing so (unless a situation were to arise where Icould legally do so... but I am not looking for employment)
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StevenCanuckAbroad VIP
Posts: 3637
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Joined: 28 Sep 2007
Location: Calgary

Re: In US on B2 visa, 6 months almost up

Post Sun Jan 18, 2009 10:51 pm

If you're in the US more than six months (in the first year) you should file a 1040NR there if you're not already, although it's a pretty trivial deal if you maintain residential ties to Canada and all your income is Canadian-source, read this.

But anyway, to cut a long story short, CBP is tightening up on keeping track of Canadian citizens leaving the US. At the moment they don't keep any records of Canadians leaving, unless they imposed an I-94 on you or you have one of the new NEXUS cards that have been issued since November.

Starting in October they started keeping more detailed entry records and the idea is under the WHTI that starting this year new passports will be issued starting sometime around mid-year with RFID chips in them so they know when you leave and presumably can tie that up with the entry record. So by 2014 all passports will have the chips and so will all the NEXUS cards, so they will know when you enter and when you leave.

How it will actually work in practice and how judicious they will be in enforcing it is of course impossible to say because they're not doing it yet.

But the answer to your question is that it doesn't matter where you enter from, other than that you'll probably be entering through a larger POE like JFK or LAX and the immigration people there may not be as charitable.
Steve.
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allioopsNew Member
Topic author
Posts: 3
Joined: 17 Jan 2009

Re: In US on B2 visa, 6 months almost up

Post Mon Jan 19, 2009 2:21 pm

Thank you very much Steve. That is all extremely helpful!
Best,
Allison
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