Canadian citizen visiting Arizona boyfriend, upon second visit told not to return for 6 months

[SJWatson 0]

Hey guys. I'm currently a Canadian citizen in Arizona staying at my boyfriend's house. He is a US citizen. I visited him for two months from May to July, went back to Canada, and then came back November and will be leaving January. Both times I was stopped at the airport and asked questions. This visit the dude, I don't know if he was Canadian or American Customs, I'm kind of absent minded about these things, said that he thought I was working the system when I mentioned that I thought I could stay in total 6 months out of one year in the US. He said that he would let me in this time but that I'd be in trouble if I extended my stay and that when I returned I would have to stay in Canada for 6 months. He would not explain to me why this was policy. What are my options at this point? My boyfriend and I are not the marrying types and do not intend to go this route but we do believe now that we are life partners and I wish to stay in a relationship with him. I do not wish to live outside Canada.

Here are some facts about me. I am currently on ODSP in Canada, I recently won my disability case which involved a back pay. This is how I am able to afford trips to see him.

I have a part time job on the internet but it isn't enough to cover all my living expenses. I am an artist of sorts.

In Canada I live with my mother, to whom I pay rent even if I'm out of the country.

He is a US citizen with a decently paying job that can only pay for his own bills and not support another person. He owns the house in which he lives and I am staying in when I visit him. He cannot visit me in Canada.

Any advice? Or could you please move this to a more appropriate forum?

If I can't come back for 6 months I would like to extend my stay by a month to say my final goodbyes. I have no idea if our relationship can withstand 6 months apart. But I don't want to be banned from the country if I extend my flight. Would the officer have put a note on my file? Anyway, thank you for reading and responding.

[Transborderwife 4,666]

Umm...you DO realize that you need special permission to be out of Ontario for more than 30 days to remain on ODSP right? Otherwise you could lose benefits.

[Kristen & Ben 1]

Do you have an I-94 record? You can check online with DHS. That record would tell you when the latest you can leave the US is.

[dwheels76 5,468]

Hey guys. I'm currently a Canadian citizen in Arizona staying at my boyfriend's house. He is a US citizen. I visited him for two months from May to July, went back to Canada, and then came back November and will be leaving January. Both times I was stopped at the airport and asked questions. This visit the dude, I don't know if he was Canadian or American Customs, I'm kind of absent minded about these things, said that he thought I was working the system when I mentioned that I thought I could stay in total 6 months out of one year in the US. He said that he would let me in this time but that I'd be in trouble if I extended my stay and that when I returned I would have to stay in Canada for 6 months. He would not explain to me why this was policy. What are my options at this point? My boyfriend and I are not the marrying types and do not intend to go this route but we do believe now that we are life partners and I wish to stay in a relationship with him. I do not wish to live outside Canada.

Here are some facts about me. I am currently on ODSP in Canada, I recently won my disability case which involved a back pay. This is how I am able to afford trips to see him.

I have a part time job on the internet but it isn't enough to cover all my living expenses. I am an artist of sorts.

In Canada I live with my mother, to whom I pay rent even if I'm out of the country.

He is a US citizen with a decently paying job that can only pay for his own bills and not support another person. He owns the house in which he lives and I am staying in when I visit him. He cannot visit me in Canada.

Any advice? Or could you please move this to a more appropriate forum?

If I can't come back for 6 months I would like to extend my stay by a month to say my final goodbyes. I have no idea if our relationship can withstand 6 months apart. But I don't want to be banned from the country if I extend my flight. Would the officer have put a note on my file? Anyway, thank you for reading and responding.

Yes the officer would more than likely mark your file. That's way too much time in the states than out. You can't do that and he see's that. Just wait it out 6 months then hopefully they will let you back in after 6 or more months.

I know I have a friend who works for airlines and flies to US every month to see his wife just for a weekend here and there sometimes a week. Well the CBP said no more stay away for 6 months you have been here 30 times in 1 year that's too much this was while his I-130 petition was in process. Do ### the CBP says so.

Why would you have to say goodbye?

[Kate52 5]

You can stay up to 180 days in the USA per calendar year -- any longer and you run into problems with your tax filings (tax credits, tax filings, etc). If they think you are not "a visitor" then they will deny you entrance at the border. It's really up to the guard on duty whether they let you in. The more lengthy visits you take the more scrutiny. They do keep count of days spent in the USA (I think this is something new as my snowbird friends are now telling me the US border guards are telling them exactly how many days they have left to visit in the USA).

If you are planning on visiting your US boyfriend for lengthy visits then maybe you should bring documents to show ties to Canada -- it may help.

Do you have medical coverage in the US when you visit?

[Boiler 45,956]

Forgetting anything else if the relationship solely involves you making the odd visit then not sure there is anywhere to go.

Sounds like you have been flagged so if you keep pushing it at somepoint they will say no.

Bit late now, but keeping your visits down to a couple of weeks may have helped.

[Torete 121]

Hey guys. I'm currently a Canadian citizen in Arizona staying at my boyfriend's house. He is a US citizen. I visited him for two months from May to July, went back to Canada, and then came back November and will be leaving January. Both times I was stopped at the airport and asked questions. This visit the dude, I don't know if he was Canadian or American Customs, I'm kind of absent minded about these things, said that he thought I was working the system when I mentioned that I thought I could stay in total 6 months out of one year in the US. He said that he would let me in this time but that I'd be in trouble if I extended my stay and that when I returned I would have to stay in Canada for 6 months. He would not explain to me why this was policy. What are my options at this point? My boyfriend and I are not the marrying types and do not intend to go this route but we do believe now that we are life partners and I wish to stay in a relationship with him. I do not wish to live outside Canada.

Here are some facts about me. I am currently on ODSP in Canada, I recently won my disability case which involved a back pay. This is how I am able to afford trips to see him.

I have a part time job on the internet but it isn't enough to cover all my living expenses. I am an artist of sorts.

In Canada I live with my mother, to whom I pay rent even if I'm out of the country.

He is a US citizen with a decently paying job that can only pay for his own bills and not support another person. He owns the house in which he lives and I am staying in when I visit him. He cannot visit me in Canada.

Any advice? Or could you please move this to a more appropriate forum?

If I can't come back for 6 months I would like to extend my stay by a month to say my final goodbyes. I have no idea if our relationship can withstand 6 months apart. But I don't want to be banned from the country if I extend my flight. Would the officer have put a note on my file? Anyway, thank you for reading and responding.

Without trying to pry for details, are either of these issues able to be resolved reasonably? Are they separate issues for you and your boyfriend?

Edited January 2, 2015 by Torete

[iishlegend 1]

just get married and everything will work out

[Cathi 5,783]

just get married and everything will work out

can you not read? She said they don;t want to get married

[NikLR 13,232]

Umm...you DO realize that you need special permission to be out of Ontario for more than 30 days to remain on ODSP right? Otherwise you could lose benefits.

This!!!

Doing my reading on ODSP and because you are spending more than 30 days at a time outside of Ontario you are no longer eligible for ODSP.

[canadian_wife 1,827]

Agreed, ODSP sounds like your main income right now, why jeopardize that?

Why would extending one month be necessary to say goodbye?

good luck

[NikLR 13,232]

You can stay up to 180 days in the USA per calendar year -- any longer and you run into problems with your tax filings (tax credits, tax filings, etc). If they think you are not "a visitor" then they will deny you entrance at the border. It's really up to the guard on duty whether they let you in. The more lengthy visits you take the more scrutiny. They do keep count of days spent in the USA (I think this is something new as my snowbird friends are now telling me the US border guards are telling them exactly how many days they have left to visit in the USA).

If you are planning on visiting your US boyfriend for lengthy visits then maybe you should bring documents to show ties to Canada -- it may help.

Do you have medical coverage in the US when you visit?

There is actually some debate in the Canada forum as to if this is 180 days per calendar year or per 365 days.

[SJWatson 0]

wow ok, lots of responses. Thanks everyone

First, permission from ODSP- I left the country the first time while on ODSP. I did inform her I was leaving this time as well and she didn't argue. Their new system however has made it difficult to contact them giving the exact days and will have to issue a repayment (or maybe lose my benefits, idk) we'll see what happens. They put your file on hold while you are away but it begins again when you get back.

Why would I risk it? Because I'm more likely to become well physically and psychologically not living at my mother's and I don't have to pay rent here and the rent I do pay to my mother is nowhere near what I would pay to have the freedom I have here. It's very difficult to work at home with an overbearing parent at 29 years old AND a disability. I don't want to stay on ODSP and I guess I'm stupid for risking it but no pain no gain.

I will look up the 1-94 record

I have been out of Canada now for a total of 3 months of the year. I'm a bit confused since one person says I'm out too much while another says I get 180 days. I'm wondering if I can come home and apply for a visitor visa to get the full 6 months.

I wouldn't have to say goodbye but 6 months without physical contact might be too much, we will have to see. I'm just being realistic.

I do have medical insurance when I travel, that's a must.

I don't want to live outside Canada because we have healthcare, which I need, and I just like the culture.

My family is there and at the moment I'm not capable of supporting myself financially without ODSP. He can't come to Canada because he has pets and owns a house and has a job... *shrugs* I suppose I was hoping my relationship would have been a way out.

But why 6 months? why would I have to remain in Canada for 6 months? I think I read that if you don't stay out of the US long enough they count that time in the total.

Edited January 4, 2015 by SJWatson

[NikLR 13,232]

You visited may, june, july... You said 2 months.. so I'll assume you left end of may and early July??

Now Nov, dec, Jan... that's 3 months, so a total of 5.

Sometimes the CBP try to scare you. My ex SIL was denied entry and told to come back with proof she hadn't spent more than 180 days in the USA and proof that her daughter was currently in Hawaii and legally attending school. She did so the next day and wasn't asked a single question to see any of the paperwork. Basically it cost her a very expensive plane ticket and a whole lot of worry.

When you enter they may stamp your passport with a date. Don't over stay that date. And NEVER EVER attempt or show that you may know as much or more than a CBP officer. My husband, who has worked for the federal government for 10 years in one manner or another, strictly told me that these guys hate feeling stupid, so YOU play stupid and pretend you don't know. They feel better because they feel intelligent and knowledgeable, and you get what you want, an easy trip through CBP.

[SJWatson 0]

You visited may, june, july... You said 2 months.. so I'll assume you left end of may and early July??

Now Nov, dec, Jan... that's 3 months, so a total of 5.

Sometimes the CBP try to scare you. My ex SIL was denied entry and told to come back with proof she hadn't spent more than 180 days in the USA and proof that her daughter was currently in Hawaii and legally attending school. She did so the next day and wasn't asked a single question to see any of the paperwork. Basically it cost her a very expensive plane ticket and a whole lot of worry.

When you enter they may stamp your passport with a date. Don't over stay that date. And NEVER EVER attempt or show that you may know as much or more than a CBP officer. My husband, who has worked for the federal government for 10 years in one manner or another, strictly told me that these guys hate feeling stupid, so YOU play stupid and pretend you don't know. They feel better because they feel intelligent and knowledgeable, and you get what you want, an easy trip through CBP.

Yeah, I tried to split the 6 months up, he said I was trying to work the system. I figured the new year would begin again in May (and April could have been considered the last month I'm allowed

before the year rolled over). I thought I was able to extend my stay until February to make it an even 6. Waiting to see him again from January to April or May would have been more tolerable. I never thought to check to see if he marked my passport.