Girl from Quebec [Update] Boyfriend denied re-entry to Canada

[M_iari]

Hello everyone,

So we decided to take the extension route and wait for the 12 month living together.

We applied for an extension by mail, received the refusal of extension letter at the end of last week, and it said to leave Canada immediately. We left Montreal on Sunday and spent one day in Burlington, VT. We took the Greyhound to Montreal on Monday night and he was refused entry into the country on the basis that he did not have enough ties to the US (because he came to Canada after graduation, he has just as many ties to the US as he did when he first entered Canada--it was not a problem then).
The border officer had him sign a paper saying he understood why they were denying him entry. When I asked for a copy of the form or of the refusal, she refused to give me anything. I specifically asked her for the copy so that I could apply for common law status to show that we tried to live together for a year but that they wouldn't let him him. She said they can't give out forms but that it all was in the system (which, to the best of my knowledge, we don't have access to). We then were sent by taxi to the US border and we had to wait there for hours till the bus came and took us back to Burlington.

Now I do not know what we can do.
Can we try to recross immediately and leave it to luck of the draw?
Do we have to wait till he has "ties"? And if so, how thorough does the documentation of ties have to be?
Further, if he tries again and is denied will it result in more stringent requirements for future entry, or even in a ban from entry?
How long should we wait in between tries?

What is aggravating is that he was a student in Mexico before coming to Canada so he doesn't have a lease or anything in the US and the lady said that having all his family in the country wasn't enough.

I have read that you can apply for common law or conjugal if you have been together for a year but couldn't live together. I know that Americans and Canadians have less chances with Conjugal because the visa exempt status between the countries means it is "less likely that we aren't able to be together"; but if he cannot cross and come back to live with me in our apartment with my cat and I am in school would that suffice to show that we tried everything?

We thought about maybe having him find a job and rent a room here in Burlington so that I could cross every weekend but I am now scared that they might not let me in all the time and wouldn't let him in either...

Help please. We were only 3 months shy of the 1 year requirement :'(......

 

[Rob_TO]

Can we try to recross immediately and leave it to luck of the draw?

Now that he is on file as being refused entry, if you try again to enter Canada he will most likely just be denied again. However other posters are more knowledgeable on US citizens crossing the border so will let them advise.

I have read that you can apply for common law or conjugal if you have been together for a year but couldn't live together. I know that Americans and Canadians have less chances with Conjugal because the visa exempt status between the countries means it is "less likely that we aren't able to be together"; but if he cannot cross and come back to live with me in our apartment with my cat and I am in school would that suffice to show that we tried everything?

You can still get married, or you could live together with him in the US. Because of this, you would definitely not qualify for conjugal. It doesn't matter if it would be inconvenient or not ideal for you, the only thing that matters is it's legally possible.

And common-law is fact based. Anything less than 12 full months living together and you simply don't qualify as common-law, no matter what the circumstances.

We thought about maybe having him find a job and rent a room here in Burlington so that I could cross every weekend but I am now scared that they might not let me in all the time and wouldn't let him in either...

This will probably not work, since technically you would be living in Canada and only visiting him in Burlington. You would need to move in with him in Burlington. If you could actually move to Burlington for 3 months then you could finish up the common-law qualification.