Conjugal Partner Sponsorship with my boyfriend?

[meikemuffinx3]

Please bare with me, it's kind of a long story but I really need your help.

I've lived in the US since I was 3 with my parents under the E2 work visa. I am a dual citizen of Germany and Trinidad & Tobago. Recently I moved out of the US and to Germany for my fathers medical problem and their E2 visa expired. My family decided we couldn't live in Germany, and moved back to the US and applied for our E2 visa again. By that time I was 18, and I have a 3 month (90 days) german Ester. After the Ester expired, I had applied for the Obama dream act. Long story short, I needed to actually be illegal in the country. So I flew over to Trinidad to get my Trinidad passport renewed and apply for a E2 visa as a dependent under my mother. Long story short, the immigration officer was an asshole and didn't believe in the Dream Act, nor Obama and banned me from the US for 10 years (technically I was illegal only 160 days; the interval between my Ester expiring and applying for the Dream Act). Now I'm stuck in Trinidad waiting for my lawyers to waiver the 10 year ban, and my father had also won the green card lottery. I've been with my current boyfriend for almost 2 years, and he's stuck in America because of school and his job. Now both of us want to move to Canada, and yes he also has dual citizenship from Canada and the US. Yes, both want to get married, but not under these circumstances. We intend on moving in together in Canada and living there. I'm not sure how long it will take for the 10 year ban to get wavered, but I can not live without my boyfriend. It's simply impossible to live in Trinidad because its extremely unsafe and not exactly the best of opportunities, also it would be extremely hard for my boyfriend to move to Germany and have to learn german (especially because of school). We are now both 19, almost 20, we also do intend on going to college/university in Canada. How do we get around to applying for the Conjugal Partner Sponsorship? Also if I were to get married, my father can't pull me into the american green card lottery which will definitely waiver the 10 year ban for me.

 

[meikemuffinx3]

Please, this is extremely important to me.. we need help..

 

[ortom]

Please, this is extremely important to me.. we need help..

Conjugal does not apply to you, you must have a reason why you cannot live together, be together or marry. So you need to get married in order to be sponsored.

 

[meikemuffinx3]

Conjugal does not apply to you, you must have a reason why you cannot live together, be together or marry. So you need to get married in order to be sponsored.

so we cant use me getting banned from the US as a reason we cant live together?

 

[canuck_in_uk]

so we cant use me getting banned from the US as a reason we cant live together?

But he is not banned from either of your countries. He could go to Trinidad and live with you or you could both move to Germany and live together there. You could get married in either of those countries or even a different country.

Conjugal is only for those who have absolutely no way of living together or getting married. You don't qualify.

 

[Leon]

so we cant use me getting banned from the US as a reason we cant live together?

Not if he moves to Canada, no. As a German, you are visa exempt to Canada. You could come to Canada and live with him for 6 months and just before your visitor status runs out, you could apply to extend it. After 12 months of living together, he could apply to sponsor you as his common law. If you were denied entry to Canada based on being banned from the US or some other reason or your visitor visa extension were not approved, then you could try to apply as conjugal.

If he doesn't move to Canada but tries to sponsor you for PR while he himself is living in the US, he would have the added burden of proof that you will both be moving to Canada when you get your PR. Then he could try to angle that you can not live together because you are banned from the US. In order to prove that you will be moving, he would have to show concrete plans of where in Canada you will live, what you will do for jobs or studies but even better if he has already arranged a job or gotten accepted to a university.

However, conjugal is not easy to get accepted for. Some visa officers may also not approve you because even if you might have a problem living together, nothing is stopping you from getting married in any country.

 

[meikemuffinx3]

Lets say I go for the common law route, is there anyway I would be able to get a job there?

Not if he moves to Canada, no. As a German, you are visa exempt to Canada. You could come to Canada and live with him for 6 months and just before your visitor status runs out, you could apply to extend it. After 12 months of living together, he could apply to sponsor you as his common law. If you were denied entry to Canada based on being banned from the US or some other reason or your visitor visa extension were not approved, then you could try to apply as conjugal.

If he doesn't move to Canada but tries to sponsor you for PR while he himself is living in the US, he would have the added burden of proof that you will both be moving to Canada when you get your PR. Then he could try to angle that you can not live together because you are banned from the US. In order to prove that you will be moving, he would have to show concrete plans of where in Canada you will live, what you will do for jobs or studies but even better if he has already arranged a job or gotten accepted to a university.

However, conjugal is not easy to get accepted for. Some visa officers may also not approve you because even if you might have a problem living together, nothing is stopping you from getting married in any country.

 

[Leon]

It is possible to get a one year working visa for young Germans but it's not guaranteed that you would be approved for it given that you were in the US illegally. If you want to try it, you would have to wait until the end of the year when it opens again and apply. Link here: http://www.canadainternational.gc.ca/germany-allemagne/experience_canada_experience/working_holiday-vacances_travail.aspx

 

[meikemuffinx3]

what about if i moved over with a student visa whilst doing the common-law thing? how fast could i get approved for a student visa and move over?

 

[Leon]

You would first have to get accepted to a college. Then you can apply for the student visa. You would have to show funds of $10,000 in order to support yourself for the first 6 months and you would need to show funds to pay your first years tuition. However, because you overstayed in the US, it may also affect your ability to be approved for a study permit. The only way to find out would really be to try it.

 

[scylla]

You would first have to get accepted to a college. Then you can apply for the student visa. You would have to show funds of $10,000 in order to support yourself for the first 6 months and you would need to show funds to pay your first years tuition. However, because you overstayed in the US, it may also affect your ability to be approved for a study permit. The only way to find out would really be to try it.

Agreed. The student visa route is possible but expensive. You'll need to show a bank account statement that has $25K to $30K in it to be accepted (to cover tuition, first year living expenses and travel expenses). You'll also need to be accepted into a school in Canada. It's too late to be accepted for the September term - so you would be looking at January 2014. You should start applying now if you want to go this route.