I-94 Issuance and strategies?

MarriageBound posted 3 years ago

My Canadian girlfriend has her 5-year waiver. She has been staying with me in the U.S. on an I-94 that gave her 6 months. She has to depart in October.

October is also the month she first came to the U.S. for a couple of days, a year ago. Which means her 12-month cycle, in which she can potentially get 180 days, starts over.

I'm wanting her to get another 6-month I-94 in October so she can stay with me in the U.S. over the winter. Has anyone here had back-to-back I-94's issued for 6 months? Any tips on how to make that happen?

David79 3 years ago

If she is Canadian, its 90 days or 3 months not 6 months, unless she got B1/B2 visa. She may get banned for overstay, unless you apply for fiance visa (K-1).

Chaudlait 3 years ago

The rule of thumb is to be out of usa for 6 months to be able to enter for 6 months. I'm getting 6 months stay every october for the last 10 years with my waiver.

J Rogers (trusted member) Trusted 3 years ago

The rule is 180 days in a 365 day cycle. So if she departs in October after staying for 6 months straight (correct me if I misunderstood) she cannot go back for 6 months.

So she stayed April -October 2023? Then she cannot go back until April 2024.

Do not rely on officers advice, or "well I have a new card". Follow the rules or they will revoke that waiver. The card means nothing. Track the dates of entry and exit and KEEP PROOF.

MarriageBound2 3 years ago

I don't think you would need tp be out of country for 6 months. If you are in a new 12 month window, why can't you use the 6 months at the start of that window rather than at the end of it?

Chaudlait 3 years ago

Like Roger says, it's 180 days in a 365 day cycle. The border agent told me that you can never be more than 180 days in the last 365 days. So, if we are october first 2023 for exemple, you need to count all days in usa untill September 30, 2022 and that count should never be more than 180 days.

That's the way I understand the rule, whatever date you are, you most not present in usa more than 180 in the last 365 days.

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