Staying in the US

[teamgreen]

Lets say I am working a one week on, one week off rotation.
During my week on I live in Canada, and on my week off I live in the US.
Does the US government track how many days I spend in the US a year? I know I can spend six months in the US, but if you add in vacation etc I could be over the 180 days. Whats the consequence to overstaying?

 

[doorfx]

They will infect you with Covid-19

 

[maurfello]

Hahaha!!!!

 

[Dawizman]

You will be considered a US resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.

If you maximize the 182 day allotment each year, you will be taxable in the eyes of the IRS, but don’t worry, in this case you simply need to file IRS Form 8840 to prove a closer connection to Canada and avoid paying US taxes.

 

[Dawizman]

More info;


How Long Can a Canadian Stay in the US?

Usually a maximum of six months at a time. If amassing more than that during a calendar year or in the previous 12 months, it will be up to the discretion of the admitting officer to allow a traveler in for longer periods.
People from countries other than Canada are allowed to stay a maximum of 90 days at a time.

So my point is that in any given visit it should not exceed six months, but that doesn’t mean that in a calendar year your cumulative or total visitation in the United States cannot extend beyond six months. Now, that doesn’t mean that if you are a frequent border crosser, if you’re constantly coming to the United States and spending extended periods, a custom’s official at the port of entry won’t stop you and prevent you from entering. The officer may believe that you have abandoned Canada and you really are living permanently in the United States and the officer has the authority to refuse your entry on that basis, because they don’t believe you are a temporary visitor anymore, in fact you are really permanently living in the United States. But technically if you show that you have ties to Canada, that you are visiting the United States and you’re spending a lot of time there but yet you are still a genuine visitor, you can stay longer than six months in total in a given year. There’s nothing legally preventing you from doing that.

How Long Can Snowbirds Be Away From Canada and Keep Their Provincial Health Insurance?

B.C., Alberta, Saskatchewan, Manitoba, Northwest Territories, Ontario, New Brunswick and Nova Scotia require at least five months of residence in the province to continue health insurance coverage.

Quebec and Prince Edward Island require six months’ residency, but Quebec does not count trips of less than 21 days as non-residency. Newfoundland and Labrador requires only four months. Nunavut and the Yukon have no residency requirements.

 

[teamgreen]

You will be considered a US resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.

If you maximize the 182 day allotment each year, you will be taxable in the eyes of the IRS, but don’t worry, in this case you simply need to file IRS Form 8840 to prove a closer connection to Canada and avoid paying US taxes.

Wow, that's confusing. So if I spend 180 days , and go back for another week, I will be at 187. Would they not allow me access after that?

 

[S.W.A.T.]

Lets say I am working a one week on, one week off rotation.
During my week on I live in Canada, and on my week off I live in the US.
Does the US government track how many days I spend in the US a year? I know I can spend six months in the US, but if you add in vacation etc I could be over the 180 days. Whats the consequence to overstaying?

180 days in a calendar year and yes they track it. Over staying mean denied entry

 

[freeflorider]

Some great info thanks for sharing.