Q: When can I return to the US as a Canadian tourist and not overstay?
I am a Canadian citizen dating a US citizen. I am trying to figure out how long I can stay in the US this year.
In 2023, I was in the US for 32 days (July 14 to August 14) and then for 113 days (September 10 to December 31) in a second trip (total of 145 days in the year).
In 2024 so far I have been in the US for 11 days (January 1st to January 11).
I am trying to figure out when I can go back to the US and how long I can stay. I do not intend on working in the US at all. Just traveling and staying with friends, my boyfriend and my grandparents. I am currently in Canada and I have money saved up.
Could I go back to the US on July 20 and stay until the end of the year (for a total of 176 days in 2024) if I fill the form 8840 with the IRS to argue I have more ties with Canada? That would mean in the previous 365 days I would have spent 148 days in the US and 192 in Canada.
Thank you!
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A:
As a Canadian tourist, you can typically stay in the US for up to 180 days per calendar year without a visa. Since you were in the US for 145 days in 2023 and 11 days in 2024 so far, you have 169 days left for 2024. This means you could return on July 20 and stay until the end of the year, as this would total 164 days in 2024.
If you exceed 183 days in a three-year period, you might be considered a US resident for tax purposes, but you can file Form 8840 with the IRS to claim a closer connection to Canada. This form helps demonstrate that your primary ties are to Canada, which can help avoid US residency status for tax purposes.
However, keep in mind that even if you plan to file Form 8840, US border officials have the discretion to allow or deny entry based on various factors, including the frequency and length of your visits. Always ensure you have evidence of your ties to Canada, such as employment, residence, or family, to present if questioned.
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