How can my broke, unemployed, American conjugal partner visit Canada long-term?

[BeShoo]

I have a same-gender conjugal partner living in Florida (U.S. citizen). Our initial contact, via the Internet, was in June of 2007, but we really started IMing regularly in September 2007. We first met in person April 2008, and I've visited him 5 times and he has visited me in Canada twice in the 20 months since then.

For various reasons, it has been difficult for him to find steady work since he lost his job in early 2007. Since that time, he has had only 2 jobs: one for 6 weeks and one for 6 months. He has now lost his job, runs out of unemployment money early next month, and can no longer afford his Florida apartment.

His closest family is his father and step-mother in Pennsylvania, but he and his stepmother do not get along at all. He'd like to come visit me in Ottawa for as long as possible. We would like to apply for PR for him (I'm a Canadian) but we can't even submit an application yet because he has to wait for an FBI police check.

Finally, my question: What is the best thing to tell the officers at the border so they will let him visit me, and for as long as possible? I am completely willing to support him in his time here. I realize that he can't work, although he has a fledgling Internet money-making scheme that he might be able to do while not actually "working in Canada".

He came for 5 days near the end of November for U.S. Thanksgiving and they stamped his passport with "Admitted until Mar. 25/10" (i.e. 4 months). Can he re-enter Canada on that and maybe apply for an extension when that is almost finished? Should he try to get a new stamp for a full 6 months?

I think we will have to pack up all his stuff and put it in storage somewhere in the northern U.S for now (maybe at his dad's but I don't think there'll be room and we'll probably have to rent storage space).

Any comments or advice would be appreciated. In particular, what is the most convincing evidence that he will return to the U.S. after his visit?

 

[Suin]

if he is already in Canada, he can file for the extension of his visa.

 

[BeShoo]

Well, I know that he can file for an extension and we'll probably have to do that, but for now, I'm more concerned that he will be permitted to come in the first place, because he's not here yet.

I know that border agents are reluctant to let unemployed people cross the border unless they are satisfied that there is an intention to return. Without a job to go back to, their case is weaker. If he can't come here, he has nowhere else to go, except his dad's, and he doesn't really want to have to do that.

Are family ties alone likely to be considered sufficient motivation for him to not overstay his visa? (He has no intention of overstaying past what's permitted, but how does the border guard know that?)

 

[Suin]

has he ever tried to cross the border to Canada before? I saw many Americans who were crossing the border by land were never asked for proof of ties to the US.

 

[BeShoo]

has he ever tried to cross the border to Canada before? I saw many Americans who were crossing the border by land were never asked for proof of ties to the US.

But, most Americans have less reason to stay permanently in Canada than he does. The following quotation from elsewhere on the Internet sums things up:

If you are applying for a visitor visa you MUST show proof that you WILL GO HOME. You must show proof that you have a job, that you DO have bills to pay, that you DO own or rent your own house/apartment, that you do have family still in your home country and that you do have a return airplane ticket leaving Canada.

U.S. citizens don't need a visa, but they must meet the same general criteria. If you're coming for a short vacation, and you claim to have a job and a home to return to, there will rarely be any problem. His problem is that he has no job, no house or apartment of his own, and no money to spend on an extended period of tourism in Canada. He does have family back in the U.S. but it's his father who he hasn't lived with for 7 years and that's balanced somewhat by the fact that I'm family that he has in Canada.

The border guards need to be sure that he intends to return after his tourist time is over and that he will not work illegally in Canada. That's their job. They will tend to be suspicious in his case.

He's been to Canada twice. The first time, in 2008, he flew to New York state and I went and picked him up at the airport and drove back across the border with him. He didn't fly to Canada because he didn't have a passport at the time and it wasn't needed at the time, either. We were taken aside and questioned for several at least half an hour and two agents went and took everything out of my car plus checked under the seats, etc. He was out of work at the time, which they didn't like, but he was due to return to start a job re-training course, plus he had a jury duty request that he had to get back for. So, finally, after about an hour at the customs and immigration building, we were on our way.

It probably helped that he did have a return flight booked, too, though from a different airport.

His second trip to Canada was for U.S. Thanksgiving in November 2009 and this time he flew to the Ottawa airport with his passport of course, as they are now mandatory. First of all, he got in trouble for bringing sweet potatoes for our Thanksgiving dinner because root vegetables are prohibited. They took him aside and questioned him thoroughly about why he was coming and who he was staying with, how we met, how long we had known each other, and whether we were in a relationship. He finally admitted that we are. They can just stamp the passport (or even not stamp it) and there is an implied 6 months, but for whatever reason, the IO decided to only give him 4 months.

He did return after 5 days, just as he said he would, and he was able to show an Internet return flight booking printout at the time when he was admitted. (His return flight was from a U.S. airport because that was much cheaper.)

So, he's in a worse situation than he was either of those times, and both times were hassles. Yes, he could some for a short tourist trip (maybe 2 months, maybe 6 months, I don't know). But a short trip, while better than nothing, is not really what we want. And coming temporarily while already intending to extend it later might just get us in trouble. I was reading about another way to do things, but I'll have to write about that later, because I'm out of time right now.

 

[Corofino]

Sounds like it won't be easy for him.
Would it be possible for you to pick him up in the states and cross the border with him together?

From my experience this makes it a lot easier. When I visited my husband and I came alone I have always had a hard time with a lot of questions. I had a job and was coming only for a 2-week vacation but they asked a lot of questions and wanted to see a lot of proof.

After I had quit my job and came to Canada to stay with my husband he was with me at the border. The only thing they asked is why I was coming here. They didn't want to know anything else from me. The officer was more concerned about the things he could have brought from Germany and might have to declare.
This has happened twice so far. Whenever he is with me, things are a lot easier.

I don't know if it is always like that or if I was just lucky but it could be worth a try. I don't believe in telling lies so it might be a good idea to cross the border together and tell them about your plans together.

 

[BeShoo]

Sounds like it won't be easy for him.
Would it be possible for you to pick him up in the states and cross the border with him together?

That is what I am doing. I'm driving to a U.S. airport and flying down to Florida. Then I'm loading up his stuff and bringing it north to his father's in Pennsylvania and a storage unit in northern New York state. Then we're picking up my car and driving together to Canada.

I am following what these people did:

http://www.canadavisa.com/canada-immigration-discussion-board/crossing-canadian-border-with-wife-from-us-t22091.0.html

I don't believe in lying either and it sound as if what they did is the right thing to do. I'm still extremely stressed out and worried, but I hope this works. I'll report back here and let you know.
At the worst, I can drive 5 miles south to his father's and leave him there, but he doesn't want to be there and he wants to be with me, so I hope that will all work out.