Wanting to spend the winter in the US

[Wendy Jenae]

Hey everyone!

Over the weekend, I was searching past threads to piece together an answer to my question. I think I have what I need, but I wanted to get some clarity and confirmation.

I would like to spend the winter (from the beginning of November to the end of February...four months) in the US. I am self-employed (an Internet marketer). I don't plan on working while I am there, but there will be passive income coming in from projects I have previously released.

From what I gather, even though I am not staying the full six months nor have any desire to stay longer than six months, my stay would still be considered "extended" and I have to show proof that I intend on coming back to Canada.

Is that correct?

Also, from what I understand, when I leave for the US, I should bring:

-a copy of my rental agreement
-a bank statement showing I have enough money to support myself

Is this all I would need? Am I missing something else I should have with me?

While providing these documents isn't an inconvenience, being scrutinized makes me a bit nervous as I'm sure it does for everyone. My first inclination is to think of a way to avoid it. In one thread, someone suggested booking a flight for a short-term stay and then changing the return flight date once I am in the US. If I did this, would it end up causing me problems once I returned?

And finally, I am a bit confused about how extended stays work. If I stay in the US for 4 months, once I get back, can I not return to the US for another 4 months? (If I arrived back at the beginning of March, would I have to wait until July to travel to the US again).

Or, can I make short-term trips at any time once I get back?

Thank you for reading and offering any advice you can.

[Reba]

From what I gather, even though I am not staying the full six months nor have any desire to stay longer than six months, my stay would still be considered "extended" and I have to show proof that I intend on coming back to Canada.

Is that correct?

That is correct.

Also, from what I understand, when I leave for the US, I should bring:

-a copy of my rental agreement
-a bank statement showing I have enough money to support myself

Is this all I would need? Am I missing something else I should have with me?

If you have *anything* else to show that you have binding obligations in Canada, bring that as well. If you have contracts for work or anything like that, that would help. Being self employed, and going on an extended vacation, you may have to endure additional scrutiny unfortunately. Or they may waive you thru with no question.

While providing these documents isn't an inconvenience, being scrutinized makes me a bit nervous as I'm sure it does for everyone. My first inclination is to think of a way to avoid it. In one thread, someone suggested booking a flight for a short-term stay and then changing the return flight date once I am in the US. If I did this, would it end up causing me problems once I returned?

No, it shouldn't cause any difficulties upon return, or re-entry. Regardless of the length of your stay, they're going to ask you the purpose of your trip, how you plan to finance it, and do you have a full time job in Canada. Again, as you're self employed, you will have to endure extra scrutiny.

And finally, I am a bit confused about how extended stays work. If I stay in the US for 4 months, once I get back, can I not return to the US for another 4 months? (If I arrived back at the beginning of March, would I have to wait until July to travel to the US again).

Or, can I make short-term trips at any time once I get back?

Unfortunately, that isn't something anyone here can answer without doubt. It is entirely up to the CBP officer you get when you try to re-enter. They may or may not allow you back in after an extended stay, whether or not you stay the full allowed 6 months. It is entirely up to the officer's discretion and mood. If they feel that you're spending too much time in the US and not enough time back home, they can and will deny you. Or, they may just waive you thru without blinking. There really is no rhyme or reason to it.

[Wendy Jenae]

Thank you, Reba. I really appreciate your answers.

[Steven]

And finally, I am a bit confused about how extended stays work. If I stay in the US for 4 months, once I get back, can I not return to the US for another 4 months? (If I arrived back at the beginning of March, would I have to wait until July to travel to the US again).

It's six months total in any calendar year or six months per visit. Problem is that CBP officers seem to have slightly different takes on it, but basically if you go in for four months over the winter and visit occasionally during the year you shouldn't have a problem.

What I would suggest you do if you're staying a long time is to request an I-94 which costs $6. For several reasons: when you hand it in when you leave you then establish evidence that you left on a specific day; by asking for it, it indicates to the inspecting agent that you are serious about leaving and also having an I-94 can come in handy if you're there for awhile because sometimes banks, etc. ask to see it as proof of identification.

US law requires you to have sufficient funds to cover the trip; to be a visitor for pleasure and to have an abode abroad they have no intention of abandoning.

So that what is you need to satisfy. Obviously if you say you're going for 4 months it's a good idea to have some evidence on you that proves these things, e.g. bank statement, proof of residence in Canada (e.g. copy of your deed).

The one snag you might have is saying that you work for an internet-based business because that makes you sound self-employed, which can make them suspicious. Not much you can do about that one really other than to have proof of funds proving you don't need to work.

In one thread, someone suggested booking a flight for a short-term stay and then changing the return flight date once I am in the US. If I did this, would it end up causing me problems once I returned?

This is misrepresentation and I don't recommend it for the reason I said in that thread.

[Wendy Jenae]

Thank you for the clarification and the I-94 form suggestion. When I searched the forum, I came across the I-94 mentioned many times, but I never thought to consider using it in my situation.

May I ask something else?

If 4 months is considered an extended stay and proof of intent is needed, what is considered a short-term stay in which no proof is needed? Is short-term two weeks, a month or as long as three months?

[CalGreenCard]

If 4 months is considered an extended stay and proof of intent is needed, what is considered a short-term stay in which no proof is needed? Is short-term two weeks, a month or as long as three months?

I do not think there is an exact time cutoff. Obviously, all other things being equal, the shorter the stay, the less scrutiny one would expect, but they can scrutinize any entry to any degree they want, and it depends on a number of factors, including simply whether you are unlucky enough to get an especially grouchy officer.

[Wendy Jenae]

Alright. Thank you.

I really appreciate each one of you who answers these questions. I feel bad that I can't contribute much to the forum because, as you can see, my inexperience leaves me with a lack of knowledge. So, all what I can say is thank you and know that your replies mean a great deal to me.

[Steven]

If 4 months is considered an extended stay and proof of intent is needed, what is considered a short-term stay in which no proof is needed? Is short-term two weeks, a month or as long as three months?

The law is the same whether you stay one minute or six months. It depends on the circumstances really, if you show up at a POE with five suitcases, your dog and your cat and your family photo album, expect to be heavily scrutinized. If you show up with a tote bag and some sunscreen and your boyfriend and a plane ticket that says you're coming back in two weeks, they aren't likely to check further. Emphasis on "aren't likely", they certainly can if they want to and I've had various bizarre things happen to me in the past.