American visiting boyfriend - problems at last crossing

[TinyJedi]

Hello,

I drive across the Canadian border, and for the last year, I have spent a month or two in Canada, then crossed back to the States and stayed there for a week or two before returning to Canada. I have had no problems at the border until the last time, when the guard said I need to spend more than 50% of my time out of Canada. The guard also says I would not be eligible for an extended visitor's visa though I don't see why not (she said another thing I know isn't true so I'm in the awkward position of very much wanting to obey the laws but not exactly trusting this edict from the guard). I had been working under the assumption that since I routinely left Canada (and since I never got a stamp in my passport telling me when to be out by) that there wouldn't be a problem since I never stayed anywhere close to six months at a time.

My questions are:

1) Have I done wrong by staying more than 50% of the time in Canada in the last year without an extended visitor visa? I told the guard that I have stayed longer but she let me in anyway with the agreement I'd get out quite soon.

2) Should I apply for an extended visa at this point, with the worry that they could find the dates of my being in Canada and see I've been here more than 50% of the time in the past year?

I'm also vaguely concerned that, if/once my boyfriend and I eventually marry, that this past year could bite me during the permanent residency process. Does anyone know how much that sort of thing is looked at?

 

[scylla]

1) Generally you want to avoid the appearance that you are living in Canada without authorization since you are only allowed to visit (and visiting is a privilege - not a right). Once you start spending more than half of the year in Canada - CBSA officer may become concerned that you are effectively living in Canada (rather than just visiting). Also - the behaviour you have been demonstrating (staying for a few months, then leaving for a few weeks, then returning for a few months again) is not typically visitor behaviour. So it's not that surprising that you've been flagged. Whether you are allowed into Canada and for how long is entirely at their discretion - so that's the individual you have to convince. My recommendation would be to ensure you're spending more time in the US than in Canada and to bring proof with you that demonstrates you have ties to the US (e.g. proof of employment, proof of property ownership/rental, utility bills, etc.). Alternatively, don't leave Canada and keep extending your status until you are either married or common law and can submit a PR sponsorship application (extending from within Canada may only work for so long).

2) A visa extension won't help you unless you plan to remain in Canada without leaving. A visa extension is canceled as soon as you leave Canada.

 

[TinyJedi]

Thank you for your quick response I think I'll get out and stay out a while.