conjugal partner sponsorshp please HELP!

[thefairy]

hi everyone, my situation is quite complicated.
I was married to an American by the time I met my current boyfriend (and sponsor) .My marriage was in the process of annulment when I visited Canada to be with my boyfriend for the first time (we met onthe internet)
I stayed as a visitor for about 6 months living with him and had to leave to re enter the US , so that I wouldnt lose my green card. I left for 2 months and then came back to Canada and continued living with him. Eventually I found an employer who offered me a job and to process my work visa. However I needed to start working WHILE this paperwork was on process (which was a terribly mistake)
My boyfriend and I were living happily together in Canada while my work visa was being processed, as well as my divorce. During this time I got pregnant.
Once again after a couple of months, I had to leave Canada to visit my family, when I arrived at Canada , I intended to enter as a visitor (since I had a green card) but had no return ticket, so the immigration agent got suspicious,and also discovered I had been working before being aithorized to do so. As a result he sent me back to the US.
It was not a deportation or an order to leave Canada.It says I had been allowed to leave Canada voluntarily but I could try again when I was able to prove my intention of leaving and not working there.
My boyfriend and I had been living togeher for over a year now, I was pregnant, and had to leave Canada on may 5th.
On may 7th I get finally the annulment of my previous marriage.
I returned to my country (Peru) and give birth there, my boyfriend came to Peru and registered our daughter at the canadian embassy as a canadian citizen and got her a passport. He also started the application for me as his conjugal partner. I believe we meet the criteria but Id like to be sure:

- We had been living together for a bit longer than a year when I left Canada.(we have bills of we both showing the same address, pictures of trips together, letters of friends, home lease etc)

- We could not get married as I was processing my previous marriage dissolution. And by the time I got it, I had had to leave Canada due to the events previously explained.

- We have a daughter together , which I hope is enough to prove our relationship is genuine.


Would you think we have good chances of being approved? Do we meet the criteria?

[RobsLuv]

You'll have a much less complicated application and a much faster process if you marry and apply as spouses.  Conjugal partners is not the way to go as it is about not being able to marry (as in being prevented from marrying - and not due to waiting for a divorce), and not being able to live together (which you've also already done, but not continuously for at least a year that you'd need to prove common-law status).  Seriously, do yourselves a favour and apply as spouses.  Processing timelines for the Lima visa office are 5-8 months - you'll be on the shorter side of that timeline if you can present an application that is not complicated by having to prove you have impediments to marrying or living together (which you clearly don't), or proving that you've co-habitated continuously for at least one year, which it sounds like would be difficult for you to do.

[thefairy]

Thanks for your answer, yeah i understand conjugal partners its a more difficult road.Let me clarify
some points though, we were living together for over a year (there were just some short absences when i had to return to the us)
We were common-law and then we became conjugal partners as we could not live together anymore.
Cic page says someone can apply as common-law: if you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)
When I was returning to Canada I couldnt get in as the officer didnt give me the TRV.
We didnt marry when we were living together because I was already married then, being that an obvious impediment.
We cant live together anymore as I dont have my green card anymore to go to Canada, and if I request a TRV in my home country they will probably refuse it as Im in a not exempted visa country national.
Anyways if we married can we change our application to spouses even when we already applied as conjugal parners? how long will it delay it? do we need to do everything again???

[thefairy]

Me again, i was reading the requirements for conjugal partner and it says :"For example - you were refused long term stay in each other's country" (which is what happened when i tried to come back) what do u think? opinions?
 

[Leon]

It's just easier if you get married before you apply.  If you apply as conjugal partners, you are putting it in the hands of immigration to decide if you qualify for that or not. 

[Anatolia]

Really, Conjugal Partner classification is Really for Difficult cases where marriage is not possible. For example. My husband is Transsexual FTM. Meaning he was born legally female. SO we couldn't marry in Peru (his country as well). In our case we COULD very well have used the Conjugal Partner Classification, but we didnt. We requested a Visitor's visa so we COULD get married in Toronto. And they gave it to him. We got married here in Toronto and Applied for Spousal PR and We just got approved in Principle.

So Conjugal Partner Classification is WHEN you can't marry, not we you Choose Not to do it. Since men and women can marry each other in Peru, then they EXPECT you to do it.

[thefairy]

I'm glad to say, we just got approved over a week ago in less than 4 months since embassy got the file + 1 month at mussisagua. Happy end, now packing!

[ariell]

Congratulations! So did you apply under conjugal or spousal in the end?

[thefairy]

Yes ariell, we applied in october last year, but after doing so  we got nervous about wether we had done right...u know , cause it seems a difficult category, but we thought we fit there, and thank god we did and everything went great!

[thefairy]

Applied as conjugal

[ariell]

Wow, that's great. Honestly one of the few successful conjugal applications I've heard of. I have to say I am a little surprised because it sounded like at the time of your application, there was no 'impediment' to marriage as you had already gotten your annulment from your previous marriage. I would have thought that would have caused you some problems but thankfully it didn't!

[Leon]

Congrats fairy, good that it worked out.  I have heard that conjugal relationships can be hard to prove but I am sure having lived together previously and having a kid must have helped.

[thefairy]

Thanks ariell, leon! Yes I do believe it was decesive the fact we had previously lived together, and also of course, there is our baby daughter. At the time of the application I was on fact divorced and there was no impediment to marriage. I had, however, being refused entry to Canada last time I tried to enter. So there was our immigration barrier... I also believe our aplication was really well done, my boyfriend did a great job, and anyone who saw it , wouldn't have been left with any doubt about our relationship being real. He organized everything perfectly and added good supportive documents such as pictures of us together in Canada, USA, and Peru. Birth certificate of our daughter, baptisms certificate, Picts of the baptism where my family and friends attended, notarized letters of our friends in Canada recognizing us as a couple, original of the "allowed to leave Canada" document I was given when denied entry, bills showing our address when living together, money transfers from him to me, snail mail letters and birthday cards I sent him from the USA when we first started dating (he had to tape 1 of them I cut after a fight... U know , true relationships aren't always a bed of roses)  also phone bills showing my calls to him, although we mostly communicate through skype and he buys phone cards. We had even more supportive documents ready in case they asked for more. But it wasn't necessary, neither an interview, I'm so proud of him, because he made a great job!