UK Citizen travelling USA and Canada, and skipping between the two (B2 & waiver)

[davethecyclist]

Hi guys,

First off: I'm a UK Citizen.

I'm currently cycling around North America, and have spent just under 6 months in the USA (on a B2 visa). I entered into Canada a few days ago. My route does a big loop of North America, but involves me going back into Alaska for a few weeks, and then back into Canada for the majority of the remaining trip, and finally back into the USA for about a week to finish the route and fly out of NYC in November 2013.I have a few questions, and wondered if you could help:

Will I be able to enter into Alaska from Canada for a couple of weeks under a regular visa waiver? If so, will getting back into Canada be fine after a few weeks in Alaska?

Will crossing back into the US (NYC) from Canada at the end of the trip be OK? (I'll have a plane ticket on me)

I've also been asked to go and do a speech at a company in the US midway through the Canadian portion of the trip. They'll fly me from a city in Canada to California and back - it'll last about 3 days and is not payed. Will this be OK?

Just seems like I've already spent a while in the US and because I won't have travelled back home to the UK during this time, I wondered if any of the above will cause any problems?

Thanks for any help, it's greatly appreciated.
Dave

[peace999]

1. Did you surrender your I-94 when you left US or do you still have it with you?
2. If you still have the I-94 with you , what is the date it is valid till?
3. What is the validity date of your B2 visa? Is it single or multiple entry?

[cafeconleche]

Well, nobody can tell you for sure how they'll deal with you at the ports of entry. However, you don't seem like someone who poses a problem to either country. Do you have an itinerary? What's your job? Are you a professional cyclist or a trainer? If you can explain your trip to border guards I don't see you having any problems. If they feel like researching you then a blog or website might help. Do you have enough cash? And, proof that your stint in California will be unpaid? Should be ok.

[davethecyclist]

1. Did you surrender your I-94 when you left US or do you still have it with you?
2. If you still have the I-94 with you , what is the date it is valid till?
3. What is the validity date of your B2 visa? Is it single or multiple entry?

Hi,

Sorry about the delay in getting back to you - rural Canada eh!

Thanks for this:

1) I do have my most recent i94.
2) It's valid until 14th May 2013 (I crossed into Canada on the 4th May).
3) My B2 visa says 'm' under 'entries', so does that mean 'multiple entries'?. It says expires August 2019.

Thanks for any help!

- - - Updated - - -

Well, nobody can tell you for sure how they'll deal with you at the ports of entry. However, you don't seem like someone who poses a problem to either country. Do you have an itinerary? What's your job? Are you a professional cyclist or a trainer? If you can explain your trip to border guards I don't see you having any problems. If they feel like researching you then a blog or website might help. Do you have enough cash? And, proof that your stint in California will be unpaid? Should be ok.

Hi, thanks for the post.

I'm definitely not somebody who will pose a problem. I do have an itinerary (but it kinda depends on the US border letting me in). I'm a filmmaker and a writer, not a professional cyclist. I can prove I have enough cash if necessary. And obviously the website lets anyone know what I'm up to. I can ask the company in California to provide a letter saying it's unpayed.

Do you think with all this I should be ok?

Cheers,
Dave

[peace999]

ALl things aside, you are at risk of having your visa voided, unless you act quickly.

( visa waiver does not work if you have used a visitor visa last).

Since you did not plan to return to US before the last date on your I-94 i.e. May 14, you should have surrendered your I-94 while leaving US.

Now, past May 14, you won't be able to enter US on your visa because you will be considered having overstayed your last visit . Because your timely departure
from US has not been recorded by a submission of your I-94.

YOu have two options;

1. Enter US before May 14 , they will let you in for the remaining 1-2 days. Then you leave US for canada the same day by surrendering I-94 at departure.
2. If you will stay in canada past May14 , you will have to send your I-94 with copies of your passport pages ( showing entry into canada) to kentucky office
to revalidate your record. It will take time and mess up your cycling trip.

Act quickly and use option 1.

[davethecyclist]

Great, thanks for this. I crossed into Canada by sea carrier, so have a Canada entry stamp dated 4th May. Doesn't that mean my departure has been recorded?

I won't be able to return to the US in the next two days so this is a worry.

Cheers,
Dave

[peace999]

Great, thanks for this. I crossed into Canada by sea carrier, so have a Canada entry stamp dated 4th May. Doesn't that mean my departure has been recorded?

I won't be able to return to the US in the next two days so this is a worry.

Cheers,
Dave

Departure is recorded ONLY when the surrendered I-94 goes back to USCIS.

In your case, if you will re-enter US past May 14, they will stop you because their computer will show an overstay.
The burden will be on you to show them that you departed correctly by showing them the canada stamp and sea vessel boarding passes.
Hold on to any proof that you boarded the vessel. Your fate will be at the mercy of officer discretion.