Marriage.. Conjugal? Seeking advice.

[KoTaoWoof]

Me and my fiance of 2 years are preparing to start the difficult journey that is sponsorship. She is from Thailand and transgendered.

We thought we had grounds for a conjugal application assuming her application for a TRV would be denied but some people have told me otherwise. The assumption was that since we cannot legaly get a same sex marriage in her country and she would be denied here once we apply that is a significant barrier. Others told us since we could potentially visit and get married in a 3rd country that would not work.

Additionally with common law I was told "not wanting to move to her country" wasn't a valid excuse for not living together. I have a career. I'm in the miltiary on a contract and even if I did want to move there we have 0 visa options aside from short tourist visas. Will this all fall on deaf ears or are you giving a chance to explain these barriers.

We really don't know what our best move would be right now. From what I can tell.. Apply for TRV and get married here if she's allowed. If not either attempt to open a conjugal application or get married in a country that allow same sex marriage.

Any help, please is much appreciated.

 

[scylla]

If her TRV is refused, I think you could have a case for conjugal. In addition to the TRV being refused, you will also want to show she has applied for visas to at least one (if not more) other countries where you could get married. Something like Australia or NZ may be a good option. Whether the 'not wanting to move to Thailand' bit will be a deal-breaker or not for IRCC will be up to the officer who reviews your application. The reason you have listed for not wanting to move to Thailand is not a real immigration barrier. Having said that, there is some chance of success. Or it may fall on deaf ears. It's impossible for us to say either way.

You'll want to make sure you have a 'marriage-like' relationship. This means you will want to have joint assets/bank accounts, have a relationship that has been over a year long from the first time you met in person (with a number of long visits), ensure she is listed as your beneficiary in insurance policies, provide letters from your families regarding the relationship, etc.

 

[KoTaoWoof]

If her TRV is refused, I think you could have a case for conjugal. In addition to the TRV being refused, you will also want to show she has applied for visas to at least one (if not more) other countries where you could get married. Something like Australia or NZ may be a good option. Whether the 'not wanting to move to Thailand' bit will be a deal-breaker or not for IRCC will be up to the officer who reviews your application. The reason you have listed for not wanting to move to Thailand is not a real immigration barrier. Having said that, there is some chance of success. Or it may fall on deaf ears. It's impossible for us to say either way.

You'll want to make sure you have a 'marriage-like' relationship. This means you will want to have joint assets/bank accounts, have a relationship that has been over a year long from the first time you met in person (with a number of long visits), ensure she is listed as your beneficiary in insurance policies, provide letters from your families regarding the relationship, etc.

Thanks for all that. As far as proof of the relationship were greatly covered there I just feel terrible sometimes wondering what options we have. We'll fight for it every step of the way I just want to this properly.

 

[VUPtoYOW]

Maybe you can get married in Argentina or Uruguay, they perform same-sex marriages for foreign couples, and I believe thai passport holders don't require a visa to go to Argentina.

 

[KoTaoWoof]

Maybe you can get married in Argentina or Uruguay, they perform same-sex marriages for foreign couples, and I believe thai passport holders don't require a visa to go to Argentina.

Appreciate the response. Thank you it's very calming to see that we would have that option at the very least if we just got shut down everywhere else. Does Canada typically recongize most foreign marriages like this? I assume we might need some sort of speical paperwork.

 

[scylla]

Appreciate the response. Thank you it's very calming to see that we would have that option at the very least if we just got shut down everywhere else. Does Canada typically recongize most foreign marriages like this? I assume we might need some sort of speical paperwork.

As long as the marriage is legal in the country where it was performed and both people are there in person - it will be recognized by Canada.

You may want to try this option before applying for conjugal. The risk with the conjugal application is that you wait for it to be process for a year and a half only to have it refused.

 

[KoTaoWoof]

As long as the marriage is legal in the country where it was performed and both people are there in person - it will be recognized by Canada.

You may want to try this option before applying for conjugal. The risk with the conjugal application is that you wait for it to be process for a year and a half only to have it refused.

I started looking into Argentina this afternoon as an alternative and it actually seems like a great idea for us. I'll deep dive into the legality of it but it sounds like by all means yes it would be legal and recognized.