Conjugal Sponsorship for Same-"gender" couple

[room1646]

basically I need to know what is the best option for us:

1. Apply for TRV for her with the intent of us marrying here in Canada because it is only here that Same-sex union is recognized and right after file for Outland Application to Sponsor her as my Spouse which means she will leave Canada if her Visa expires and re-enter Canada as a PR - given that the Sponsorship has been approved.

2. If the said TRV application is denied, would that contradict our next option for application of Conjugal Partner Sponsorship as that is the only option we have left -- and because in the CIC website it is indicated there that Conjugal Partner Sponsorship is not allowed if the applicants are planning to marry. Yet since we are in a same-sex relationship, obviously we cannot marry in her home country, we cannot be common-law because we live in different places

3. Should we go ahead and apply for Conjugal Partner Sponsorship instead then while waiting for the results, that is when we can apply for the TRV as it would satisfy the IO that she will indeed have to go back as there is a pending application in process for her PR (this falls under Dual Intent I presume)


Please help Leon.
The policies are kind of tricky and it is confusing.

We want to do this the best and honest way as possible.


Thanks.

[Leon]

I still think you have a strong case for a conjugal even without trying to get the TRV to marry so you could do 3. and start a sponsorship.  You should then wait until you have been approved as a sponsor (35 days or so) because you try TRV but be advised, they may still deny it.  They have to be 100% sure she is not going to overstay but yeah, it may help as a reason she will not overstay that she will have to go back if she's called for an interview.

If you go with 1. you also have to try to prove that she will go back.  If you don't get the TRV, you can still go with 2. and then 3.

[frolic]

Leon is right in that you can try your second and third options after trying for a TRV.  We did it that way...my girlfriend at the time was denied a TRV so we continued our relationship and were eventually married the next year.  Then I applied to sponsor and once sponsorship was approved we applied for another TRV and were accepted.  2 months later her PR was approved as well.  Just remember when applying for a TRV it is a temporary thing and you have to try to prove she will return somehow.  Having the PR application in process can be a positive indicator that she will return as well. 

But I think you should still be careful of the timeline for Conjugal Partner.  Since they require you to have merged your affairs as much as possible as if you were married for at least a year...and you only had an online relationship til very recently when you met, you should look at the types of things they require as proof of the conjugal relationship and when you started into the more serious interdependent relationship required.  You may have been completely serious and dating last January, but if you can't show documents proving you have merged your affairs and share income and insurance and whatever other proof you have since then, then you might not have the required year of a "marriage-like" relationship. 

[room1646]

Thanks Leon.
Thanks for your input Frolic.
Prior to the day we "personally" met, and that means ever since our relationship began, we've already established an inter-dependent relationship and we have proof and paper work to show for it so basically even though we've just "personally" met recently, our marriage-like relationship has existed long before that. We just need to organize all the proof we have and make a strong case when we are to apply for Conjugal.

We'll try for the TRV for now and see how that goes because if that gets denied it will support our application for Conjugal Partnership later on.

Should we mention that the intent is to marry here in Ontario, Canada since this is only one of the few places that honor/recognize same-sex union? And will this contradict our application for Conjugal if TRV gets denied?

[frolic]

Just so you know I am just playing devils advocate for you and trying to help.  You have an even greater burden of proof to apply for Conjugal than the other types of sponsoships.  So because of that you should realize "how" your online only relationship looks and how a CIC officer might view an online only conjugal relationship. 

If you apply for TRV and it is denied and therefore cannot get married here that just leads into the immigration barriers that allow you to apply under conjugal. 

[moyrzg]

basically I need to know what is the best option for us:

1. Apply for TRV for her with the intent of us marrying here in Canada because it is only here that Same-sex union is recognized and right after file for Outland Application to Sponsor her as my Spouse which means she will leave Canada if her Visa expires and re-enter Canada as a PR - given that the Sponsorship has been approved.

2. If the said TRV application is denied, would that contradict our next option for application of Conjugal Partner Sponsorship as that is the only option we have left -- and because in the CIC website it is indicated there that Conjugal Partner Sponsorship is not allowed if the applicants are planning to marry. Yet since we are in a same-sex relationship, obviously we cannot marry in her home country, we cannot be common-law because we live in different places

3. Should we go ahead and apply for Conjugal Partner Sponsorship instead then while waiting for the results, that is when we can apply for the TRV as it would satisfy the IO that she will indeed have to go back as there is a pending application in process for her PR (this falls under Dual Intent I presume)


Please help Leon.
The policies are kind of tricky and it is confusing.

We want to do this the best and honest way as possible.


Thanks.

room 1646

were you approved of that TRV u wanted?

I have the same delimma...
Leon any feedback?

please help