Canadian with U.S. boyfriend

[cangal]

I was happy to see other people with the same dilemma I'm facing but my situation is a little different and I was wondering if anyone can offer advice.

I have a boyfriend in the U.S. whom I met online and I visit (or he visits me) twice a month. It's getting difficult to keep doing this and I would like to visit the U.S. for a year to get to know him better and decide if this is something we both want to pursue.

We are not thinking of marriage at this point in time so I won't be applying for any Fiancee visas.

What makes my situation unique is that I work for myself and I don't need support in the U.S. In other words, I don't need a job there. I do own a home and I will continue to keep my property until such time that we decide we just can't be apart.

I understand from what I've read that I can stay up to 6 months and possibly apply for an extension. If I'm already in the U.S., where do I apply for this extension? And, do I need paperwork to stay the first 6 months, or is that just my passport? I'm a citizen (born and raised) of Canada.

thanks all.

[coolprof]

I am in a similar situation, although I am seeking employment here. I drove down, and the border officer gave me a really hard time, wanting to make sure I wasn't trying to move illegally. I have to find a job and apply for work status here, or go back home.

If I were you, I would bring proof of your employment, and records showing that it is sustainable income. They will want to know that you can support yourself over the 6 months. AND, if you are flying, you will probably have an easier time, as you can show proof of a return ticket.

You have the right to visit for several months, so they cannot question that, but goodness knows they can give you a hard time. They are just doing their job, but be prepared for some resistance, especially if you don't have a clear date of return.

[Reba]

She's already in the US coolprof, so she doesn't need all that now, she's already hurdled the first hump.

As for an extension, they're not usually granted to Canadians because we're already allowed to stay 6 months. An extension based on "I want to stay with my boyfried" is definitely not on their list of reasons to allow you to stay. If you were here for medical reasons and undergoing treatment maybe that was not available in Canada they may allow you to extend your stay. Otherwise, not so much unfortunately. You'll just have to return to Canada after your 6 months and then decide what you want to do. Maybe he could go to Canada for 6 months, and then that way you could figure out which country you prefer as well if you want to stay together.

[cangal]

Actually, I'm not there right now. I'm at home. I am planning to re-visit next week sometime. This time I plan to stay for as long as I am able and perhaps put the paperwork in to stay longer.

Here's what I need to know.

1.) Do I need to apply to stay more than 90 days?
2.) If I do cross and stay for 90 days, how long to I need to be home before I can cross again? I understand that they don't allow you to stay for more than 6 months in a calendar year, but how do they know?
3.) What is the reaction from the border guards when you say you are staying for such a long stretch?

We would probably just apply for fiancee status but neither of us has our divorces finalized. It's going to take time for that.

The reality is that this is a new world we live in. The Internet helps people meet and it doesn't care much for borders. I didn't plan to find a nice guy in a different country. It complicates things terribly. But we like who we like and making this work is going to be tricky.

Thanks for your responses and I'd appreciate more info if you have it.

I wish we could just spend half our time in each place, but his job is not flexible like mine.

[voyager6868]

You can stay for up to 6 months each visit without any "extra permission". The 90 days thing is for Visa waiver countries like UK, Australia, etc. Canada is in its own special category when it comes to visiting the US.

In terms of crossing, you're in a bit of a tough situation. I think that customs officers would be hesitant to let you in if you said you were going to visit your boyfriend for 6 months especially when you mention that you "work for yourself". It sounds like you plan to work in the US and any customs officer who is suspicious will surely get into that line of questioning with you. If you can't show you either have a job in Canada you'll come back to, or you have a ton of money to keep you going for 6 months, then you may have a rough time.

Going back for a second 6 months right away is not against the rules, however, you will have an even tougher time getting across if you've just recently come back from a 6-month visit, especially given your situation.

[Reba]

You mentioned in your first post that you're already there, hence my response.

As voyager said, if you get to the border and tell the agent that you plan to stay for 6 months to visit your boyfriend, and that you're self employed, they'll turn you right around and send you home. As for "how do they know how long." question, see the other thread posted in this forum regarding CBP collecting information. They know. They always know.

Legally you cannot work in the US without a work permit, not even to telecommute for a Canadian company (or yourself).

Yes, we're aware of the new reality of internet dating and relationships. I myself met my husband online and yes, we had to ednure a year and a half of dating, and then 3 years AFTER our wedding before we could even live together in the same country. Yes, it sucks, but people survive it all the time. You either play by the rules, or risk being banned from the US and never able to visit your partner again.

If you know the relationship is right, then the back and forth will just have to suffice until your divorces are settled and you can start any immigration paperwork.

For information on marriage/fiancee based immigration to the US see http://www.visajourney.com Lots and lots of people in the same situation as you.

[Steven]

What makes my situation unique is that I work for myself and I don't need support in the U.S. In other words, I don't need a job there. I do own a home and I will continue to keep my property until such time that we decide we just can't be apart.

Bear in mind you can't work in the US without work authorization, obviously.

I understand from what I've read that I can stay up to 6 months and possibly apply for an extension. If I'm already in the U.S., where do I apply for this extension? And, do I need paperwork to stay the first 6 months, or is that just my passport? I'm a citizen (born and raised) of Canada.

There is no visitor visa for Canadians. You enter as B-2 which generally allows you to stay for up to six months, however the DHS website is intentionally vague about that, I think because of the caselaw that Canadians cannot be denied re-entry merely for overstaying six months (and it does mean purely that - you still have to fit into B-2 status). However that's not the way USCIS seem to enforce it at the border, if you phone them and ask they will say six months and if you say you want to stay longer than six months they usually will deny entry. With all this new WHTI stuff they do record when you entered and left (although the "left" bit I think is still a bit hokey, because they're still selectively handing out I-94s to visitors).

In theory you can extend B-2 status by applying for an extension, but when it comes to Canadian citizens this is not really practical because of the proximity of Canada, i.e. they won't believe you can't go home unless the reason is extraordinary, e.g. you were seriously injured in a car accident and cannot be moved.

[canucklehead]

hey my boyfriend is american too and the easiest way to get down there is to go to school. your biggest problem will be getting an afidavit of supposrt the school i had applied for requires that a parent or someone like that would be willing to support you and it must show they have $25 000 usd avaliable. the only other way is applying for a workers visa which is extremley hard because of the lack of work in the states. unless your around colorado and the ski resorts area then you could get a job in a hotel or kitchen ect. easily. if you wanna talk message me and let me kno what area u plan to move too because i am going through the exact same thing right now