yes ladyposh...i realize he doesnt need to sign the papers...but he does have to be notified of the proceedings...i have been refused by multiple process servers (dont service cuba) and the other option is for me to post in the classified ads (which dont exist in communist countries) also this is the only country that DHL does not guarantee delivery to...lol...trust me i have been trying to get out of this situation for a very long time...advised by 2 lawyers and legal aid that i need a service ex juris & ex parte but just because i am dealing with cuba the standard way of proceeding is not possible...therefore it would be at a judges discretion how long to leave me in limbo...and the divorce may not be granted...no one can give me any solid answers...so due to the fact that this all can be proven, and im quite sure that can.imm. knows what this government is like to deal with... feelin like after much internal debate to just go ahead with howies app as a conjugal partner and if it is refused to re apply under humanitarian/compassion grounds which i know a few people that have been very successful with that app (and much quicker than the imm5490)....its all a crap shoot now....lengthy, costly divorce then imm5490 and wait...or try now imm5490 and possibly re apply if it doesnt work...im 34 and the clock is ticking!!! im sure i can eventually get howie here by multiple routes but wtf to do? heres what the canada website says...
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.
A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.
You may apply as a conjugal partner if:
* you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
o an immigration barrier
o your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
o your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
* you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other's country).
You should not apply as a conjugal partner if:
* You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
* You cannot provide evidence there was a reason that kept you from living together.
* You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.
i appreciate all of your input...its all very confusing, but comforting to know that i can bounce it off you guys and see what u think
booking my flights friday, could depart from anywhere so you never know nae-nae
not even sure i will go to kingston this time...convinced howie to come on a vacation from there...so i would love to hear from anyone about fave places, restaurants...u know the fun stuff, wanna try something new!!! this time im winging it!!! lol