Conjugal application? Or wait?

[Tiggilicious]

Hey folks,

I thought Id ask for some of your input. My fiance (USC) has been here for a few months now and his visitor status will be ending soon. He came up to spend the holidays with me, and to be here for the birth of our daughter. When she was born, he didn't have the heart to leave again, and called work and gave them notice that he was quitting and has been here ever since. I never took maternity leave and I didnt qualify for it anyhow, so I didnt have any income until 3 months ago. Since then I have been working full time as an assistant manager for a fast food restaurant.
Up until April 09 my fiance was in the US military and living abroad so we never had a chance to live together to meet common-law. I couldnt move down there due to my custody order of my 2 oldest kids , my exhusband and I have split shared custody.
Our original plan was that after our daughter was born he was going to go back home and work, and get married later this summer and then file for his PR and have him here hopefully in early 2011. Now thats changed understandably.
Do you think we have a leg to stand on if we apply conjugal? There is an epidiment on marriage due to the fact that my divorce has been dragging on for 3 years, and it still isnt final... and I have no idea when it will be... the last 2 years Ive been told "in a couple of months it will". So I can't remarry.
We never made common law in the past due to him being in the military and me not being able to move with my two oldest kids to the US.
Right now he has been here for 5 months, so we havent lived together for a year, so I cant file common law. He doesnt qualify for the skilled worker program.
We have been together since the summer of 2008. Seriously since November 2008.Only had two trips together from Nov 08-April 09 due to him being oversea's. Then spent 4 months together from April - July. Then he came up for our thanksgiving, and again during the winter holidays and hasnt gone back since And our daughter was born early this year.

Im just nervous to file conjugal and it getting denied since right now theres no impediment on trying to become common law, granted if we apply to extend his visa, and if it gets approved.

Im sure some of you have seen some instances on conjugal sponsorships being approved/denied??

Please help!

 

[AllisonVSC]

Hi Tiggilicious,

I did manage a conjugal partner approval (I'm US he's CAN), and if you choose to go that route I would be happy to give you whatever insight I can on how to put together your application. BUT, since you were planning to marry before applying, I really think you should explore that option fully.

So, here's a thought... Since you are working full time and he isn't, I assume he is keeping care of the new baby. Apply for an extension citing the need for continued child care from the father (on a full time fast food manager salary is any other kind of childcare affordable??) and your intention to file a PR application. If you could pay the filing fee for the PR, pay it and include a copy with you the extension. Apply for the extension about a month before his expires asking for 6 months. It only costs $75 and he will have "implied status" until a decision is made. If the app is approved you will have processing time (I'm guessing about 70 days, someone else may know current processing times) plus 6 months. With the 5 months he's already been here that gets you to the one year co-habitation needed for common law. Then start working on your app so that it is ready to deliver when you meet common law. Bonus would be if your divorce is final during this period. Get married and apply right away.

If there is anything I can do to help you, please let me know. You are welcome to private message me if you want. Good Luck and congratulations on the new addition.

Allison

 

[BeShoo]

If the app is approved you will have processing time (I'm guessing about 70 days, someone else may know current processing times) plus 6 months.

Current wait time is 61 days. Apparently, summer is a busier time for those. Back near the beginning of the year, it was close to 30 days.

 

[plumosa]

Current wait time is 61 days. Apparently, summer is a busier time for those. Back near the beginning of the year, it was close to 30 days.

If you go to the border you can stop before entering the US and show them your evidence directly and they can give you a new visitor's record right then and there!

 

[journeyman]

Hi,

Your situation, with a new baby is a bit different from mine so they might view conjugal in a different light. However, I will tell you that in our application for conjugal last year, I was in the same situation, unable to marry, waiting for the divorce finalization and not able to meet common-law, and even though we felt that we had a strong case, we were turned down for conjugal, their conclusion being that although they recognized that there was an impediment to marriage (at that time), they saw no impediment according to the regulations (can't remember what statute exactly that they quoted and don't have access to my records at the moment to give you the complete wording) for us to meet common law. So..............................a year later we are now married and resubmitting for a spousal PR.

We also did try to cross the border with me accompanying my partner as is recommended for him to be given a visitor's record. That was unsuccessful as well. They would not allow him to cross into Canada so we had to return to his home right away. I have to do all the travelling, until this new submission is successful.

I wish you luck, whichever way you decide you go.