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Question regarding 6 month limit for canada/us stay

epx

Newbie
Mar 14, 2012
5
0
Hi,

I am a US citizen, been in canada for about 5 months now (working on papers) and i was wondering if i go travel to the US (new york) for a few days, would that be ok for me to come back and also would the border check me out?

I am looking to come back and finish the outland application with my canadian wife to live in canada but we just haven't finished the papers yet, so i am thinking if we go on a small 4-5 day trip together to the US and come back will solve that problem for us.

thanks!
 

moochops

Hero Member
Aug 13, 2011
224
6
124
Alberta
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
09-06-2011
Doc's Request.
06-01-2012
AOR Received.
24-08-2011
File Transfer...
09-08-2011
Med's Request
new request 19-12-2012
Med's Done....
24-10-2010 / 16-01-2013
Interview........
waived
It absolutely is possible, however it is also at the discretion of the border services officer as to whether he lets you back in or not so it's a swings and roundabouts issue.

If it isn't imperetive that you go to the states, then you could apply for a visa extension (you can do this online).

I did this and I think they take about 2 months to come through.

If your current permit runs out, you then are on whats called implied status until a decision on your new permit is made. If it's granted then thats awesome (I asked for, and got, a 12 month extension!!!!!). If they refuse it, you can then apply for a restoration of status. They will decline it obviously because there is no status to restore, but these also take around the same length of time to process, so in essence you are buying yourself time to get your pr sorted.

Hope this helps :)
 

epx

Newbie
Mar 14, 2012
5
0
moochops said:
It absolutely is possible, however it is also at the discretion of the border services officer as to whether he lets you back in or not so it's a swings and roundabouts issue.

If it isn't imperetive that you go to the states, then you could apply for a visa extension (you can do this online).

I did this and I think they take about 2 months to come through.

If your current permit runs out, you then are on whats called implied status until a decision on your new permit is made. If it's granted then thats awesome (I asked for, and got, a 12 month extension!!!!!). If they refuse it, you can then apply for a restoration of status. They will decline it obviously because there is no status to restore, but these also take around the same length of time to process, so in essence you are buying yourself time to get your pr sorted.

Hope this helps :)
this helps if im doing inland but im looking at outland and i just dont want to get denied entry back so i am looking for the safest way to leave and come back before my 6 month expire
 

canadianwoman

VIP Member
Nov 6, 2009
6,211
291
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
People applying outland can also extend their stay.
You can also try leaving before the 6 months are up, and reentering. It would help to have proof of the application. If you are not done by that time, you can still pay and use the receipt as your proof. You could also just try to enter as a visitor. Americans aren't usually refused, though if the border agent want to he/she can refuse entry.
The safest is to just apply to extend your stay.
 

muffy1

Hero Member
Feb 21, 2012
371
9
I agree with what the others have said. Both hubby and I have traveled back & forth b/n US and CA many times during this process and I have not been refused. I also have a visitor's record. I was told at the time of issue that (since we submitted our papers) that we very well might not hear anything back within the allowable time frame and to; therefore, come back and they would extend the visitor's record. I would be sure to take copies of the paperwork you are working on, though. Also, it is not a bad idea to have some documents with you, as well, that prove your ties to the US.
All the best!
 

simb

Hero Member
Apr 15, 2012
718
35
Ontario
Visa Office......
Mississauga
its said that if we have to apply for visa extension then we have apply to 30days before the expiration of the 6months period
and one if the member here said it took 2months for them to get extension.
so is it like we are staying there illegal for a month?

please share your timeline in how many days or weeks does it take to get the visa extension ?
 

Belinasha

Star Member
Nov 3, 2011
175
8
Ottawa
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
Doc's Request.
14-09-2012 - New FBI needed - 120 days to submit - then told disregard request
AOR Received.
N/A
File Transfer...
29-05-2012 to LA
Med's Request
Meds received 29-05-2012; Medical extension received 16-10-2012
Med's Done....
27-10-2011
Interview........
Waived
Passport Req..
02-01-2013 received at LA 08-01-2013 ; Decision Made 1-17-2013
VISA ISSUED...
16-01-2013 sent to wrong address; 13-02-2013 LA replied new COPR sent to correct address; 21-02-2013 COPR arrives in mail at new address
LANDED..........
22-02-2013....FINALLY after almost 1 full year since applying
Simb,

This is how we got our visitor's extension:

"We just received my husbands 1 year visitor extension. We applied through mail instead of online because it takes more time for them to process the mailed applications. We took advantage of gaining an extra month and a half this way because you automatically get implied status while waiting. We submitted the app on March 6th by mail and now he's able to stay until the end of April 2013. We also didn't submit 30 days before his deadline date. We sent the app by UPS 4 days before his deadline for applying so we could gain that extra time as well. We sent a copy of our receipt that we applied for PR and wrote that we would like a year because a PR app was sent and didn't have a problem. My husband can't work so I sent a letter of support along showing a balance in our joint account of $7000.00 and that I would be responsible for any and all his needs while he visits here. Good luck whichever way you choose to apply for your extension."

We sent off our app on March 6th same day as our PR app. We received the extension late April. During the waiting time for these, you're on what is considered "implied status" as Moochops has said. It doesn't make your status illegal, it's more like retaining status until a decision is made.

Hope this helps!
 

Fencesitter

Champion Member
Sep 29, 2011
1,761
52
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
April 13, 2012
AOR Received.
AOR2 July 25, 2012
File Transfer...
July 13, 2012
Med's Done....
Mar 1, 2012
Interview........
WAIVED!
Passport Req..
Aug 28, 2012
VISA ISSUED...
Sept 24, 2012
LANDED..........
Jan 30, 2013
I studied part-time at Arizona State University without a visa. I was able to get my Arizona driver's license and didn't have any issues. The first trip I stayed for about 6 months. Went back to Canada to visit my family, then crossed back into the States. No problems. The only thing the immigration officer asked is whether I will be working. I told him that I was just taking some part-time classes and then flying out to Thailand. He stamped my passport and that was that.

FS
 

avocadosandcheese

Star Member
Mar 5, 2012
107
2
Category........
Visa Office......
Buffalo/Ottawa/LA???
Job Offer........
Pre-Assessed..
App. Filed.......
Jan-05-2012
AOR Received.
Never.
File Transfer...
March-28-2012...supposedly
Med's Done....
August-15-2011
Passport Req..
June-27-2012
VISA ISSUED...
July-5-2012
LANDED..........
July-25-2012
i applied for the extension online and it was super easy and had the extension in the mail within 2 weeks of submitting the application.