Wanting to spend the winter in the US

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.

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.

Thank you, Reba. I really appreciate your answers.

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.

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?

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.

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.

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.

Indeed, the more luggage you have and the longer your US planned vacation is, the more they'll suspect you for overstaying, even though you have a return ticket and ties to your country. It happened to me 5 years ago when they denied twice my entry into the US.
I had planned to spend 4 summer months vacation in California. At that time, I was a Canadian student renting an apartment, had a medical insurance card, student ID and I did provide the US border agent with all these things. He ignored the rental contract and refused to check my student status, as well. My bank account was very thin. I had proof (stamp on my passport) that I returned to Canada from my previous short trips to US.
My luggage and wallet were searched. Inside my wallet was a business card an American movie director gave me the year before when I flew to US for a three week winter vacation. I had completely forgotten about that business card, since I accepted it only to be polite to the nice man sitting next to me in the plane. That business card brought me bad luck, for the border agent concluded that I was going to Los Angeles to become an actress!!
I felt humiliated by that agent and could not accept the fact that he denied my entry based on such ridiculous supposition. So, I tried to cross next day by bus at a different POE, same province. That was a big mistake! It did not matter that my luggage consisted of a small piece, a tennis racket and a purse. They asked me "Where are your tennis clothes?" "Why do you have two pair of high heel sandals with you if you plan to stay in US only a week?" "Why do you carry a cooking book with you?" (It was a gift, BTW). "Is this the key to your rented apartment in US?" (???!!!!... It was my Canadian apartment key). "You don't have a skirt to wear with these high heel sandals", said the woman border agent. I found those questions and remarks senseless, arrogant and rude. The man agent was having a smirk on his face and the woman was mad. Shouldn't they refrain from judging the way you dress? I felt like asking: "Can I speak with a professional?"
But not accepting an US entry denial and not admitting it at the second attempt to cross the border, was a terrible idea from my part. I naively ignored the fact that I might have been flagged the day before. So I got a second entry denial, only this time was worse: they pulled me aside, finger printed and photographed me and asked for the rental contract and utility bills which I did not have with me anymore.
One month later, I succeeded to cross the border by car and the border agent did not ask me a thing! My crossing in and out was not registered, which probably means that I cannot prove that I traveled to US once and did return after being denied entry twice. I did not know until today after reading on this wonderful website that I could have requested a I-94 (is this a visa?).
This fall, I plan to cross the border again by car as I did 5 years ago. I do not know what to expect... I was flagged for two denied entries, but for how long? If I'll be asked about having my entry into US denied in the past, I'll have to say "yes". I do not have ties to Canada anymore since I spend a number of years in Europe, except for the fact that I am a Canadian citizen and also an EU citizen (I have an EU passport, too). What is your advice? Thank you...

No, an I-94 is not a visa, it is just a form "entry/departure" record.

Unfortunately border officials (on both sides I will say!) can be rather abrupt, and scare the crap out of you. That's their job. Their job is to suspect that *everyone* is intending to immigrate illegally. And YOUR job is to prove otherwise. Which is not always easy to do, especially if one does not have any ties to home country.

If you have no ties, there's not much you can do except pack properly. Don't have ANYthing on your person, or in your luggage (they have the right to search everything!) that would make them assume you are immigrating or looking for a job (no business cards of friends, family or strangers with US businesses), don't carry a copy of your resume with you either. Go thru everything in your pockets, purse, backpack etc before you leave to make sure you have nothing that would make them turn you away.

If you say you're going on vacation, and you only have business suits in your luggage, they'll turn you back for sure. Make sure you know the name, address, and phone number of the hotel where you've reserved your stay.

If you have ties to home, ie: job, home, etc, bring evidence. A letter from your employer stating you are on approved vacation leave, and expected back on specific date. A copy of your mortgage or rental agreement. And bring CASH money, they don't care how many credit cards or debit cards you've collected, there's no way to prove to them at POE that they'll actually WORK once you get to the US. Cash or traveller's cheques is what they like to see, to prove you aren't a vagrant.

Above all else, Do Not Lie to border officials. They'll catch you in it eventually, and make your life miserable.