Common Law Sponsorship - US/Canada

[john_24]

Hoping to get a few replies on this one as I've seen similar cases but no clear outcome.

My gf(US Citizen) and I(Cdn Citizen) have been together for about 2 years now...1 year 8
months or so.
I live in Windsor, Ontario...she lives about 20mins over the border in Michigan.
I've been going to school at the University of Windsor since September of '05, and she works
over in the US.
I spent January of 2007 through July of 2007 commuting daily back and forth about 15 miles
to school 3 times a week from her place in Michigan to school in Windsor.(I know the border guards well)
I would always say I'm just going to visit my gf.
And since July till now she has been commuting back and forth to work from Canada.

- we have a joint bank account that we opened a couple months back
- we have bought several big ticket items together with receipts
- we have a financial dependency on each other as I have loaned her money for several things
- we have both ours names on her current lease for her apartment in Michigan
- we have mail addressed to both of us at her address in Michigan and some for my place apartment in Windsor
- and technically we have lived together for 12 months (6 in the US & 6 in Canada, since we cant stay technically longer
than 6 although we crossed the border on a near daily basis)

What are our chances of being approved for her as a common-law partner?
Any advice/suggestions or whatever would be greatly appreciated!
Sorry for the long post but really hoping to get some great answers to help us out!
Thanks!
John

 

[TaaDow]

Based on the information you have provided. I would suggest applying as a Conjugal Partner.

You appear to have plenty of proof of a bonafide relationship, but proving that you've resided together for at least one year could be difficult since neither of you could stay in eachothers country for more then 6 months at a time.

You meet the necessary criteria.

I've pasted this a few times in these forums lately but here it is again...:

This is cut and paste directly from the sponsorship guide:

You can sponsor a person as a conjugal partner(1) if
• that person is of the opposite or same s e x
• that person is residing outside Canada (that is, has, for legal purposes, a fixed, permanent and principal home outside Canada), and
• you have maintained a conjugal relationship with that person for at least one year, that is: you have been in a committed and mutually interdependent relationship of some permanence where you have combined your affairs to the extent possible.

(1) This last category is intended for partners of Canadian sponsors who would ordinarily apply as
• common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor, or
• spouses, but marriage to their sponsor is usually not an available option to them, usually because of marital status or s e xual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another’s countries).

If your sponsorship is successful, your conjugal partner becomes a permanent resident of Canada but cannot exercise any rights or privileges associated with common-law status until you have cohabited for at least one year.

 

[john_24]

That "OR" wording seems rather tricky..Ive read elsewhere that the conjugal only works if it has to deal with certain countries or religions where marriage isn't an option or at least not till they live together or something along the lines of religion.
So if I could prove that we lived together for 6 months in the US and then 6 months here in Canada with affidavits from both our parents would that help with the common-law?
Because right now I dont think conjugal would fly and we have no intentions of getting married for the time being but want to live together in Canada and start our life together as this cross border lifestyle is really starting to put a drag on us.

 

[hypnotic8]

You can definitely apply as common-law because you can prove you lived together for one year. It doesn't matter if it is 6 months in the States and 6 months in Canada. It looks like you have enough proof to show your relationship is genuine and continuing. I would add some pictures too and a nice story of your relationship( with question 12 from the spouse questionnaire) and maybe some support letters from your family and friends. I think you should be fine with all you have.
Good luck!

 

[john_24]

Hey,...
Hoping for a few more posts of advice, or any comments from anyone who has gone through this.
We have started to gather our information and fill out the forms, but are hoping for some more reassurance
or any other help that might help us in our quest to bring my gf to Canada to live with me.

Thanks!
John

 

[thaiguy]

So if I could prove that we lived together for 6 months in the US and then 6 months here in Canada with affidavits from both our parents would that help with the common-law?
Because right now I dont think conjugal would fly and we have no intentions of getting married for the time being but want to live together in Canada and start our life together as this cross border lifestyle is really starting to put a drag on us.

Yes, the 6 months in each location will be fine. Do be sure to provide all of the evidence you have that shows you've consolidated your affairs and have been in a relationship for however long. Try to think like a lawyer - show copies of receipts, bank transactions, rental agreements, etc. There's a list of these kinds of things on the CIC website.

You're right that the conjugal partner application won't work.

 

[maroraza]

well nice love story remind me teen age school time well good luck for future and yes you can apply as common-law and the stuff here guys mentions everything will be fine you have enough to Prove that you lived together , take care and Goodluck