Hey guys! I just joined today, hopefully this place will be just what I need to help with this complicated CIC stuff.
My fiance and I have been together for a year and 1 month, and I will be applying as conjual partner for him to move up here , starting his process this fall when I have enough $$. Were in no rush to get married, since my divorce is still dragging out the last 2 years and it seems to have no end in sight in a long time until our custody/debts/assetts issues are done with. So I cant really wait until we get married. We have a little girl on the way, due in January and we just want to get this process started. Im just waiting for CRA to update my status to seperated, and my exhusband isnt co operating with them to do so, so if he doesnt by November they are sending me a questionaire to fill out and send in proof we are seperated (I sent in my seperation agreement and that wasnt enough
) so I need to send in my bills etc showing Im living at my parents place until I can get back on my feet from being a stay at home mom.
Anyhow, thats my messy situation! And cant wait to get this process started!
How long does it usually take to sponsor conjual partners from the US outland? Im gathering about 6 months from what the rep told me over the phone?
Im trying to figure out how to show proof of our relationship.. since all I have to show is:
-our baby due in January
-we have a joint bank account with Bank of America
-hes one of the benefecaries on my life insurance policy
-hes only met my family once when he came up this thanksgiving from the southern states
-ive met his family/friends several times
Is that enough?
Hi, OK...
First if you have been (Lived) together for 1 year and 1 Month you qualify for Common-Law immigration.
As For evidence this is on a case by case basis, the baby is a very big plus in your favour.
Bank Accounts are good, as is life insurance, explain well in a cover letter why there is not much family contact, every family is different and the CIC know this.
I would say you have a reasonable case maybe throw in some photos taken over the past year and letters addressed to either of you at the same address, also letters from friends stating that you are in a relationship which is genuine and continuing.
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[FONT=Calibri]Hope this helps, but please remember this a lay-persons advice I am not an expert just a fellow wannabe immigrant walking a similar path.
We havent lived together at all .. hes in Florida Im in Ontario. The longest we have been together continuously was for 3 1/2 months when he came back from his oversea's tour with the USAF.
While he was on his tour, and was on midtour leave, I visited him twice in Florida last fall , first trip being 5 days, second trip being 12 days.
Then when he got out, I stayed with him for 3 1/2 months. Then this Thanksgiving he flew up to be with me and meet my family and went back home to work 4 days later. Im hoping to visit him again in November before Im not allowed to fly again..
Beware: An American and Canadian couple can rarely (extremely rarely) qualify for the American's immigration as a PR in the "conjugal partner" class!
The American needs to qualify either as a spouse (legally married) or as a common-law partner (requiring, at minimum, a full year of cohabitation together in a conjugal relationship).
If you doubt this, ask further, but trust me, the so-called "conjugal partner class" is, in effect, an exception that only applies in very limited circumstances where there is a legal reason (that cannot be overcome by a legal process) barrring marriage or cohabitation (for example, same-sex couples who cannot live together or marry due to immigration obstacles -- practical or economic obstacles are not sufficient). Again, if you doubt this, ask further and someone will likely flesh this out in more detail.
The CIC rep on the phone told me that because I cant get married, that we would fall under the conjugal partner category. As Im still seperated, and I cant get my divorce granted until all custody/assets/debts issues are dealt with with my previous marriage, and once that is finally done, it takes about 3 months to get the divorce certificate. At the rate my highly contested divorce is going, and the fact that were still in interm hearings and not final hearings. Our interm hearings may finish at the end of this year, if all goes well, maybe longer. And once that is done, we still have the final hearings (it took 7 months to get our interm hearings done) which if they fall under the same slow route, that wouldnt be done until the summer. And most likely, knowing my exhusband he will be apealing if I continue with custody of the kids which takes more time. So until all that is done, the courts will not grant our divorce, then the 3 month divorce registry clearance to have the divorce certificate.
My fiance and I have a little girl due in less than 3 months, and we really want to be able to finally live together as a family shortly after she is born, and not have to wait for well over a year from this point, to start the process.
The rep on the phone told me to attach lots of proof of the seperation status (legal court documents). Now I'm all worried!
....and the reason you can't get a year of cohabitation is what?
you have to prove 2 things if you want to even attempt the conjugal route - which honestly, given the situation, is unlikely to work
1 - CIC can't "force" you to marry - that's fine, legally you can't be married anyways because you're not divorced
2 - there's no reason that you can't live together for a year - even if it means 6 months in the States & 6 months in Canada
The fact that's it's inconvenient doesn't matter
Hate to tell you but to apply as conjugal - you're wasting your money
The founder of the site here did the same thing - applied conjugal - and I believe it was the same thing - ex holding up the divorce and guess what?
They were denied
Read though these threads
http://www.roadtocanada.com/forums/showt...php?t=2528
http://www.roadtocanada.com/forums/showthread.php?t=14
Tiggy Wrote:The CIC rep on the phone told me that because I cant get married, that we would fall under the conjugal partner category. As Im still seperated, and I cant get my divorce granted until all custody/assets/debts issues are dealt with with my previous marriage, and once that is finally done, it takes about 3 months to get the divorce certificate. At the rate my highly contested divorce is going, and the fact that were still in interm hearings and not final hearings. Our interm hearings may finish at the end of this year, if all goes well, maybe longer. And once that is done, we still have the final hearings (it took 7 months to get our interm hearings done) which if they fall under the same slow route, that wouldnt be done until the summer. And most likely, knowing my exhusband he will be apealing if I continue with custody of the kids which takes more time. So until all that is done, the courts will not grant our divorce, then the 3 month divorce registry clearance to have the divorce certificate.
My fiance and I have a little girl due in less than 3 months, and we really want to be able to finally live together as a family shortly after she is born, and not have to wait for well over a year from this point, to start the process.
The rep on the phone told me to attach lots of proof of the seperation status (legal court documents). Now I'm all worried!
Sorry (and grimacing since I feel at least some of your pain, since your situation triggers some difficult memories) that really does not, probably, change things all that much, although it is probably worth looking into more given the advice you received from the CIC help line --
Unfortunately, the personnel at the CIC help line are not always reliable. I would try to call again tomorrow, morning say, and again in the afternoon, asking the same question the same way each time, not mentioning that you have asked the same question to another rep previously, trying to simply get their primary response. If two out of three say yes, and especially if three out of three say yes, that would be a great sign and enough incentive to move forward on the app forthwith.
It is possible that within CIC they have reviewed and as a practical matter revised the applicable scope of the conjugal partner class, or that the impending birth of a child conceived in the relationship makes a crucial difference. I do not know.
I recognize that you are in a difficult situation, and that it is probably hard to comprehend that there may not be an avenue for the two of you to be together sooner rather than later.
I do not recall the details, but I have seen reports of at least one lawyer (though it may have been a consultant not a lawyer . . . not all reports are entirely reliable) who has argued that someone in similar circumstances to you should qualify to sponsor their "conjugal partner," and while as of the last report I saw most indications were very much to the contrary, perhaps that case has indeed triggered a revised approach or at least a more open approach.
You may want to consult with a qualified immigration lawyer to fully explore the options available. Another expense for sure, but your case is specific enough and in an area not yet fully evolved in the immigration litigation (the conjugal partner class is a relatively recent development) that it is probably worth your while to at least obtain a consultation with a lawyer about this one particular issue.
I hope you can find your way through all this.
Edit to add: in any event, even if it is possible (but note that the CIC help line response is not convincing on this), this is a difficult path . . . you are in difficult straits, no doubt, but my impression is that your circumstances will not suffice. Part of my reasoning: it is not that you cannot get a divorce and thus cannot legally marry, it is that you cannot get a divorce and legally marry yet. It is only a temporary impediment. I believe that qualifying for this class requires more than a temporary impediment.
Unfortunately I would agree with the last statement...the YET issue is a big one. They don't really seem to care HOW LONG they keep couples apart if in the near or distant future their situations could change. My husband and I explored a lot of different options before deciding we were ready to get married and go forward that way. Have you thought about trying to spend 6 months in Canada or 6 months in the states? I know it's probably hard with the baby coming and work and all.
I wish you all the luck in the world and would say if you are going to go this route HIRE A LAWYER. They might know some ins and outs that will get you around this problem. It would be worth your money!
DerbyGirl Wrote:....and the reason you can't get a year of cohabitation is what?
you have to prove 2 things if you want to even attempt the conjugal route - which honestly, given the situation, is unlikely to work
1 - CIC can't "force" you to marry - that's fine, legally you can't be married anyways because you're not divorced
2 - there's no reason that you can't live together for a year - even if it means 6 months in the States & 6 months in Canada
The fact that's it's inconvenient doesn't matter
Hate to tell you but to apply as conjugal - you're wasting your money
The founder of the site here did the same thing - applied conjugal - and I believe it was the same thing - ex holding up the divorce and guess what?
They were denied
Read though these threads
http://www.roadtocanada.com/forums/showt...php?t=2528
http://www.roadtocanada.com/forums/showthread.php?t=14
We havent been able to live together because of his job. He was in South Korea with the USAF on orders, and came back in April. In April, we couldnt live together either since with his rank, he has to live in the dorms unless if was married. Thats also the reason as to why I couldnt join him on base in Korea as well (and that my ex would never let my kids move out of the country). He has just recently seperated from the USAF and living with his Dad, to start the process to move up here
Well, from what I read on here from what everyone says, maybe I should just push my luck with the conjugal partner route now, and begin the "12 month visiting" stage. That way if the conjugal partner app is refused, then I can always try again as common law? Unless my divorce is miraculously granted before then and just get married.
At what point do they refuse conjugal applications? The processing center in Mississauga, or once its in the US?
OK, Here is an idea, which is similar to my situation. I was still married when I met my girlfriend although we were separated for 5 years (another story), so we could not marry. I came to Canada for a 6 month holiday, we both took a 14 day trip to Florida then came back to Canada for another 6 month holiday, we then had 12 Months co-habitation and have applied In-Canada Class.
My Lawyer looked over the case a deemed it to be valid. You could do something similar, the only problem is you cannot work in the 12 Months, it worked for me but it will kill any savings you have for sure.
Other than this I do not see any option. Sorry. Again this is only a suggestion.
Thanks Eurochris, seems like thats going to be our only option :( Unless my divorce gets granted before the first twelve months and we can get married before that.
Is it easy to request for an extention on the 6 months as a visitor? What would be the best reason to give them when applying at the 5 month mark? Just saying were wanting to continue co-habitating so we can be common law?
Id be afraid for him to go back to the US half way through all of that and get refused re-entry at the border
Hi, Sorry I don't know, I just left Canada and came back. I do understand being worried about re-admission. I had a bit of a nervous shake when I drove up to the border. But the officer did not seem to care asked me how long I was staying and that was it, I gave some vague answer like 'Not sure, not too long, I have to go back to work' and that was it.
I do know of someone who remained in Canada with an extension to do what you want to do, but I don't know what they put on the form. Maybe someone else here can answer this question.
I would say go to the states and back. It's nerve racking at the border but they aren't big on granting extention of "visiting' when you can simply leave and come back. Again they love that whole "well you have the OPTION of doing something without our help...so do it"
Just when you come back don't mention you're spending 6 months with your significant other...they get really weird about that.
I went back and forth for the better part of 2 years and always said I was visiting friends or family. They would wave me right through and I wasn't lying because I WAS visiting both my friends and family. Just be super friendly.
Sounds good. Thanks for the advice. Id just hate for him to be refused readmission and him be away from his baby girl