American Conjugal Sponsorship

[tgodbold]

My partner and I (he is Canadian) are looking to sponsor me into Canada. Because I am in a Same Sex Marriage in the USA but live in a state that does not recognize it I can not get divorced. My Canadian partner and I therefore can not get married. He and I are engaged and have our lives dependent on one another. My partner is bared from the USA for 5 years plus lifetime bar. I am living with him in Canada since December 2013 and we are signing a lease in Montreal for a year together next month. I do return to the states frequently for my work which is heavy on travel. I do want to obtain PR status and eventually become a Canadian Citizen. Are we correct in thinking that Conjugal Sponsorship is the best way to achieve our goals.

 

[Zarilenth]

If you are living together now, I would suggest waiting until you've been together for a year (and have a lot of proof to show you've been living together for that year) and apply common law. Might be better for you.

 

[rhcohen2014]

what does living in a state that doesn't recognize same sex marriage have anything to do with getting a divorce? i don't see what one thing has to do with the other?

even though your partner is banned from the us, and you live in a state that doesn't recognize same sex marriages, you are able to be with them in CAnada, so there's no barrier to you being together and living as common law, so i don't think you will be successful with a conjugal relationship. conjugal and common law are completely separate sponsorships.

 

[tgodbold]

Well the divorce laws in the USA vary by state....so do the marriage laws...so you have to live in a state that recognizes the marriage in order to receive a divorce from there. For example I was married in Vermont....they don't have a residency requirement to get married...they do however have a 12 month residency requirement to get divorced. My state of residence Florida does not recognize Same Sex marriage therefore will not grant a divorce for something they don't even recognize.

 

[tgodbold]

If you are living together now, I would suggest waiting until you've been together for a year (and have a lot of proof to show you've been living together for that year) and apply common law. Might be better for you.

Well we are unsure of the "living" together as I am here on a "visitors" visa...I don't tell the boarder people that I am living here as I am on a visitors visa...how does that effect the common law process? Just wondering...don't want to do anything outside the law.

 

[rhcohen2014]

Well we are unsure of the "living" together as I am here on a "visitors" visa...I don't tell the boarder people that I am living here as I am on a visitors visa...how does that effect the common law process? Just wondering...don't want to do anything outside the law.

as a commonlaw couple, you have to prove cohabitation for at least 1 year - this includes shared lease, shared bank accounts, beneficiaries on life insurance, and especially for the canadian - filing taxes as commonlaw.

 

[rhcohen2014]

Well the divorce laws in the USA vary by state....so do the marriage laws...so you have to live in a state that recognizes the marriage in order to receive a divorce from there. For example I was married in Vermont....they don't have a residency requirement to get married...they do however have a 12 month residency requirement to get divorced. My state of residence Florida does not recognize Same Sex marriage therefore will not grant a divorce for something they don't even recognize.

oh ok, that makes sense. damn republican states! I'm from CT, so you know, i'm not a republican.

 

[Rob_TO]

Well the divorce laws in the USA vary by state....so do the marriage laws...so you have to live in a state that recognizes the marriage in order to receive a divorce from there. For example I was married in Vermont....they don't have a residency requirement to get married...they do however have a 12 month residency requirement to get divorced. My state of residence Florida does not recognize Same Sex marriage therefore will not grant a divorce for something they don't even recognize.

Did you check all the other states, and see in ones where same-sex marriage is legal can they do a legal divorce without satisfying a residency requirement?

Or could you get a divorce in Canada?

 

[kafka khaos]

Well we are unsure of the "living" together as I am here on a "visitors" visa...I don't tell the boarder people that I am living here as I am on a visitors visa...how does that effect the common law process? Just wondering...don't want to do anything outside the law.

Its not a big problem. You can get a visa extention for another 6 months. and you can apply inland once you are commonlaw and continue to get visa extensions. They usually arent too picky about it, especially people from visa-exempt countries like USA. Applying commonlaw is probably your best bet. You can also apply outland and still live in Canada during the process, outland is usually faster.