Hi there, hoping for some advice. My understanding is that I can qualify to sponsor my fiance but I am unsure whether to apply as common law or conjugal, as we are skating the line between the two. Lots of detail below.
I am a canadian woman of 35 in a relationship with a Mexican national. We have a 1.5 year old daughter, and have been dating since we met in June of 2010. I am separated but not divorced from an ex husband (whom I married in 2006 in Iceland and refuses to divorce as he says it is unnecessary since it was never registered in Canada) and we are not in contact. Marriage for me is not an option right now, unless I'm willing to risk marriage fraud, I don't want to pay a lawyer for advice unless it will help our case immensely.
My current fiancé has never been married and has no previous children. He is a working stiff, poor, and has a strong work history, no criminal record and about 10,000 of debt in his home country, for home improvements and a car, and should be able to pay off half or more of that before coming to Canada. He is a fine dining/4 star resort waiter trained in restaurant management and is working toward his sommelier ticket. Great work ethic, can do basic carpentry and masonry and is great with kids. He has lived in Cabo for the past 14 years.
I have no debt(except for a private mortgage tied up in a house flip that is near conclusion and a small credit card balance that should be paid off within 6 weeks), a poor work history, have worked primarily as a youth worker, cook and florist and had a struggling small business venture that has been on hiatus since March of 2010. I am a musician/artist who saves $$, so I can work on art full time periodically, and have never held a job more than a year, except for my flower shop biz which lasted just over 3 yrs. I file taxes as a canadian resident/small business owner and receive $100 childcare subsidy and $300 child tax credit per month, as I am low income. I would like to return to entrepreneurship and post secondary school, but am questioning the wisdom of doing so before my partner's PR card arrives. Without upgrading my skills I am not sure how I will support us, beyond slinging coffee and flowers! I am happy to do whatever is necessary of course, but I am thinking it would be best to nail that detail down before the application is processed so we will have solid answers should there be an interview or question regarding income.
I finished Maternity leave in April and spent nearly 8 months of 2012 in Mexico, returning to Canada in March for 10 weeks, August for 6.5 weeks, and December for 2 months or so. 18 weeks spent in Canada this year so far, planning on 4-6 more . I did maintain bank accounts, credit cards, and residential addresses in Canada during my visits to Mexico. I plan to return to Mexico for 4 months in February, returning mid May to find work and await my Fiancé. We are printing forms and filling the application now, and I moved into his house in mid November 2011.
EVIDENCE; We have email and facebook interactions since we met in 2010, skype transcripts, TONS of photos/videos, my airline tickets, his rejected visitor visa application, His name on my daughters birth certificate, mutual friends who support our union in both countries, and one joint bank account in Mexico. I am on his costco membership, and possibly one of the other box stores like cityclub or sams club.
My name is not on any of the bills, either is his, as his Mother takes care of all utilities and is on the title of the house, though he insists he owns half. She is willing to write letters stating that I have been living there with him, as are friends and family.
Do you think it is likely we can pass an application for common law sponsorship? SHOULD WE DO CONJUGAL INSTEAD? Should we try for another visitors visa? I'M SO NERVOUS!
