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Conjugal or marriage?

Patricksgirls

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Oct 31, 2010
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We have been dating since December 2009 and still neither one of us is divorced although both close to finalizing. I am meeting with an immigration attorney on Monday. Mainly because it was offered free to us via a friend so when he called me today he mentioned possibly not waiting for divorces and marriage but rather applying conjugal. I am wondering from veterans on here who have been through this if they think conjugal would be possible since my divorce was stalled from an ex procrastinating signing and his was stalled from not being able to locate his spouse in another country.
The problem with conjugal for us is we did not start keeping anything until March 2010 when we realized this was getting serious. During that year I spent from May 1-Aug. 27th with him, Sept 1-15th and now Dec. 28-Jan. 19 (what will be). We have a lease in both our names from Jan. 1. Numerous emails and phone records. Some photos of my time in Canada but mostly him with my youngest in the truck. We can get letters from numerous people stating my time here.
 

Leon

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Jun 13, 2008
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Have you combined your affairs as much as possible? Do you have joint bank accounts, insurance policies naming each other as beneficiary etc.? Are there immigration barriers keeping you from qualifying as a common law couple by living together for 12 months? If not, it will be hard to get a conjugal through.

Note that when you are visa exempt to visit each other, it is not considered an immigration barrier. Many couples in that situation do live together for 12 months with one of them on visit visa, unable to work in Canada in order to qualify as common law.

See also http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal
 

Patricksgirls

Star Member
Oct 31, 2010
180
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We just added me to the bank account although he has wired me money every month for when we have been apart. He also financed my divorce lawyer. No life insurance policies on either of us just yet though. Basically he supported me during my stay in Canada, pays my way so that I can stay home with the kids when I am in the state and now we are on both the lease and bank account.
 

Patricksgirls

Star Member
Oct 31, 2010
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Wanted to add that although I am from the US I have not lived with him full time because of my custody battle in the US. I had to go back after September for court appointments and then stayed down there through the holidays. Also while I was there I went to school for my Class 1 CDL. I spend as much time as I can up here and am planning on returning with my children soon if I can get through the immigration officer at Pearson since I was grilled the last two times and once given a visitor record.
 

canadianwoman

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Nov 6, 2009
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Conjugal is very difficult to get for a Canadian/American couple. Basically there is nothing to prevent you from living together for 12 months and then applying common law. It's not impossible, though - Allison on this forum did it.
My advice would be to wait for the divorces to be finalized, get married, and then apply.