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Hello
I am a USA citizen, married to a British citizen. We are on a year long trip, and just about to finish off 6 months in South America. We have planned a trip, to start 1 month from now, around the USA and Canada in a car that we would like to do before moving permanently to Australia.
please read below what my husband wrote...
Start of the trip...
USA time "MN to Canadian border" - 62 days
Canada time "Canadian border to Alaska" - 18 days
USA (Alaska) time "Alaska to Canadian border" - 24 days
sub total of days = 104 days which means at the point of leaving Alaska I would have overstayed the i94 90day green visa by 14 days.
Canada time "Alaskan border to Canadian border" - 9 days
So we will be at the border of USA asking for another i94 green visa for me for 90 days (max days on that visa type), however I would potentially have a black mark against my name for overstaying my last one by 14days? AND they may not give me a second visa due to not really leaving North America.
Assuming I get a second i94 visa for 90 days and enter USA (Washington State) ,.....
USA time " Washington to MN" - aprox 101 days
Then leaving the country I would have overstayed my second i94 by 11 days.
End of trip.
I´m not sure what the consequences are for overstaying by a few days??
To break it down, the real problem is, will I get that second i94 when trying to leave Canada?
One of the problems is that there seems to be no consistency in how the immigration officer deals with travelers, some are lenient and what I mentioned above is no problem, some have been harsh......
What really annoys me about this whole thing is that I am a credible spouse of an American citizen and just want to see her country, and be flexible about it. I´m not trying to work illegally and I can demonstrate that I live in Australia ( mortgage, family etc ). Also my wife has applied for and has permanent residency in Australia now which we got recently - another piece of proof that we ARE planning on settling there and not in the USA.
Q1. So we start in the US, go through Canada to Alaska, and then back to Canada (having then overstayed the I94 by being in Alaska too long by 14 days). Would we have even have gone through an American border leaving Alaska at that point? Or just a Canadian entry point?
Q2. How long do you have to be in Canada before it is definitely OK to get a new I94 when entering the USA? Will he have a problem getting a new i94 since he overstayed his last one by 14 days?
Q3. when we enter MN 3 weeks from now, will it be a problem that my husband and I have not yet booked our return flights to Australia (which we are planning on booking for the end of the year)? We are not ready to book yet, as we are keeping an eye on prices for particular days, but also I can´t see them granting him a 90 day visa if they see we are planning on flying out in 7 months??
Thank you for any help / suggestions you can give us!
I am a USA citizen, married to a British citizen. We are on a year long trip, and just about to finish off 6 months in South America. We have planned a trip, to start 1 month from now, around the USA and Canada in a car that we would like to do before moving permanently to Australia.
please read below what my husband wrote...
Start of the trip...
USA time "MN to Canadian border" - 62 days
Canada time "Canadian border to Alaska" - 18 days
USA (Alaska) time "Alaska to Canadian border" - 24 days
sub total of days = 104 days which means at the point of leaving Alaska I would have overstayed the i94 90day green visa by 14 days.
Canada time "Alaskan border to Canadian border" - 9 days
So we will be at the border of USA asking for another i94 green visa for me for 90 days (max days on that visa type), however I would potentially have a black mark against my name for overstaying my last one by 14days? AND they may not give me a second visa due to not really leaving North America.
Assuming I get a second i94 visa for 90 days and enter USA (Washington State) ,.....
USA time " Washington to MN" - aprox 101 days
Then leaving the country I would have overstayed my second i94 by 11 days.
End of trip.
I´m not sure what the consequences are for overstaying by a few days??
To break it down, the real problem is, will I get that second i94 when trying to leave Canada?
One of the problems is that there seems to be no consistency in how the immigration officer deals with travelers, some are lenient and what I mentioned above is no problem, some have been harsh......
What really annoys me about this whole thing is that I am a credible spouse of an American citizen and just want to see her country, and be flexible about it. I´m not trying to work illegally and I can demonstrate that I live in Australia ( mortgage, family etc ). Also my wife has applied for and has permanent residency in Australia now which we got recently - another piece of proof that we ARE planning on settling there and not in the USA.
Q1. So we start in the US, go through Canada to Alaska, and then back to Canada (having then overstayed the I94 by being in Alaska too long by 14 days). Would we have even have gone through an American border leaving Alaska at that point? Or just a Canadian entry point?
Q2. How long do you have to be in Canada before it is definitely OK to get a new I94 when entering the USA? Will he have a problem getting a new i94 since he overstayed his last one by 14 days?
Q3. when we enter MN 3 weeks from now, will it be a problem that my husband and I have not yet booked our return flights to Australia (which we are planning on booking for the end of the year)? We are not ready to book yet, as we are keeping an eye on prices for particular days, but also I can´t see them granting him a 90 day visa if they see we are planning on flying out in 7 months??
Thank you for any help / suggestions you can give us!
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