Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
It is not just the amount of time. The CBP does look at that and if it appears that you have had 6 months in the US then they presume you are living in the US and only visiting Canada. That in the US is considered in determining your immigrant intent.
So you have a combination of factors establishing you have an immigrant intent:
1. You are married to a US citizen;
2. A K1 petition has been filed for you;
3. You if you return to the US in December you will have spent the majority of your past 12 months in the US and only then visited Canada.
You can defend a presumption of immigrant intent for the visit you applying for entry for with evidence of your compelling ties to Canada:
1. Having a job in Canada;
2. Owning your residence in Canada or holding a long term lease there;
3. Having left an auto in Canada which is registered and insured there;
4. Financial ties;
5. Any other possible claim to compelling ties that will assure you will depart the US and are not an intending immigrant using visitor status for the purpose of living here.
I think you are pushing the envelope trying to come back in December, making your time in the US in 2015close to the full 6 months despite leaving before maxing out the 6 months last visit.
I don't know your compelling ties, but I can say they are cracking down at the borders and pre-clearance.
You don't want to get turned away as then chances for entering again before your K1 are going to be slim because you will be flagged when you try to re-enter.
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