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Old 10-27-2011, 09:29 PM   #1
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Over staying in the States

Not sure if this is the right section for this question....

Any Canadians have experience with staying in the States longer than the allotted 6 months ??

I have spent 178 days (off and on) in the States so far in 2011. Would love to be heading South now as it's getting cold but figuring I cannot due to this 6 month limitation.

Any feedback ??
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Old 10-27-2011, 10:09 PM   #2
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Quote:
Originally Posted by heritage2006 View Post
Not sure if this is the right section for this question....

Any Canadians have experience with staying in the States longer than the allotted 6 months ??

I have spent 178 days (off and on) in the States so far in 2011. Would love to be heading South now as it's getting cold but figuring I cannot due to this 6 month limitation.

Any feedback ??
I really don'y know too much about overstaying in the US...but if you are from Ontario to keep your OHIP valid you must make your primary place of residence in Ontario and you must be in Ontario for at least 153 days in any 12-month period.

Does this help at all?
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Old 10-27-2011, 10:32 PM   #3
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Yes, I do know there's the whole 'Provincial' side of things as well - but more interested in knowing more about the U.S. side for now. Thanks !
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Old 10-27-2011, 10:37 PM   #4
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From the US State Dept website: Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry.

Looks like no single stay can exceed six months as long as you aren't working or going to school. There are other purposes of visit that require a Visa. The US Embassy in Ottawa has a good web site, Embassy of the United States Ottawa, Canada - Home I would think they would be your best contact.
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Old 10-28-2011, 09:59 AM   #5
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When you say "Off and on," that implies you have returned to Canada at some time. Would that not start the count over again when you come back into the United States?

How do they determine how long you have stayed? Do they stamp the passport. it's been a while since I traveled in the opposite fashion.
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Old 11-05-2011, 06:26 AM   #6
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IRS might contact you for a US Tax Return..... ??? They need money
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Old 11-06-2011, 09:34 PM   #7
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Quote:
Originally Posted by Wayne M
When you say "Off and on," that implies you have returned to Canada at some time. Would that not start the count over again when you come back into the United States?

How do they determine how long you have stayed? Do they stamp the passport. it's been a while since I traveled in the opposite fashion.
Never stay more than 6 months total in a 12 month period. They do record your passport date of entry and Canada customs reports date of return to Canada. If more than 6 months in the US, you owe them income tax for all earnings in the calendar year.
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Old 11-06-2011, 09:54 PM   #8
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My Father-in-law's Canadian girlfriend used to return to Canada every 5 months and stay for a couple of weeks. She did this for quite a few years as I recall. This was back in the 80's and 90's, things may be different now.
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Old 11-07-2011, 05:29 AM   #9
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It is still 6 month within one (1) year.

And you should stay for 6 month in Canada, before going south again.

Remember Howard Hughes ? He stayed in a Vancouver Hotel for a long time. 'Somebody' told him, if he wakes up in the morning all Taxes are due to Canada. He left within a few minutes. Same for Canadian people, if they stay a day too long south of the 49 th.
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Old 11-07-2011, 05:17 PM   #10
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No Expert, but...

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Originally Posted by heritage2006 View Post
Not sure if this is the right section for this question....

Any Canadians have experience with staying in the States longer than the allotted 6 months ??

I have spent 178 days (off and on) in the States so far in 2011. Would love to be heading South now as it's getting cold but figuring I cannot due to this 6 month limitation.

Any feedback ??
I am new to this, so very far from an expert, but the whole situation is actually quite complicated. The US IRS will probably go after your income for tax purposes (from all sources) if you "overstay" according to their rules. They have what they call "a substantive presence test" that consists of 1/6 of the days you were in the US from 2 years ago, 1/3 of the time from last year, and all of this year. If this totals more than (I think) 182 days, you have to file a form US 8840 to show a "closer connection" to another country (Canada). Otherwise, they can ask for income tax. If you can prove the closer connection, then you are allowed up to 6 months (I think), but still must file the form.

Please do not take what I have stated as the "gospel", but it was my intent to explain that it is fairly complicated and that you should obtain the correct facts or else it could cause you a lot of trouble you probably don't need. The Canadian Snowbird Assoc. has good info on this.
Good luck,
Tom
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Old 11-07-2011, 05:59 PM   #11
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I used to know a fair amount about this subject having worked for US Immigration for 28 years but I retired in 1993 so can not promise that what I say now is still correct. Most Canadians & people from most foreign countries can visit the US for a period of six months and they can request a six month extension & an extension after that. A key factor was/is does the visitor (Canada or any other country) have a residence they intend to return to. A second factor was do they have the means to support themselves without becoming a burden on US taxpayers. Other things that would bother US Immigration was the background - narcotics use including marijuana, any type of conviction even minor ones for certain offenses. There was no limit to six months during a 12 month period. That's certainly not all the criteria used to determine if a person is a legitimate visitor but should give a general idea of Congressional thought process when they passed the immigration and nationality act. You could try to get answers at the American Consul if one is located near you.
Come on down and enjoy us as much as we enjoy visiting Canada.
Safe Travels
Bob
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Old 11-07-2011, 07:53 PM   #12
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Lawyer's Website

The attached website has some specific information regarding being a "Canadian Snowbird" and the complications involving US tax law.
Hope this helps,
Tom
Canadian Snowbirds and U.S. Tax
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Old 11-26-2011, 08:03 PM   #13
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Hey all...Brad here
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Old 11-26-2011, 09:31 PM   #14
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