COMMON-LAW UNION: Are we qualified?

Hi again! Just to expound a bit, my boyfriend and I have been living together for more than 2 years (and have been in a relationship for 7 years already) but we do not have proof of being in a common-law union
(bills, mortgage etc). Can I still include him in my application?

By the way, we cannot marry here in our country since he is still legally married (annulment is already on the process) but his ex-wife (who filed for divorce in the US in 2005) is already married to an American citizen and they (my BF and ex-wife) have been separated since 2002.

Can our relationship be considered a common-law union? I am still trying to decide whether we should apply individually or only one of us should apply and just include the other one as a common-law partner. Thank you very much!

Note to ADMIN/MODERATOR: Fee free to remove the other topic I posted similar to this. Thank you!