Gay Family Class Sponsorship

[Buffy2323]

Does anyone know if there are any good active forums out there for answering questions about family class sponsorship for gay couples? I have sooooooo many questions about the process and I'm getting overwhelmed trying to find topics about gay sponsorship while perusing this board. Please help!!

 

[boasorte]

Does anyone know if there are any good active forums out there for answering questions about family class sponsorship for gay couples? I have sooooooo many questions about the process and I'm getting overwhelmed trying to find topics about gay sponsorship while perusing this board. Please help!!

Hi,

For immigration purposes there's not difference between heterosexual or homosexual couples, they are all treated equaly.

So, if you have any question you can post them here and for sure you will get answers.

I am also in a same-sex relationship, so I might also be able to help you.

 

[Buffy2323]

Thanks so much!! here is the info I posted on another board but never got a reply, maybe you can help me.

Okay, this may be long so please bare with me. I really hope someone can help me!! I will be as brief as possible and hopefully someone has some insight for me.

I am an American Citizen who is currently engaged to a Canadian Citizen. We met online 18 months ago and I have been collecting all of our "proof" of our relationship such as visits, phone records, emails, texts, photos, etc. I am currently separated from my husband and we are working towards divorce. I have told him I am gay and that I am looking to start a new life with my new girlfriend in Canada in time.

My girlfriend is common law married to her gf of 13 years and though they have agreed to split, still plan to live together as roommates. They have agreed that they are no longer compatible and that they both want to move on but financially it is in their best interest to live as roommates until my gf and I can move forward and get our life started. They have a house they own together and the ex is willing to allow me to come and visit and stay there as often as I want until my gf can sponsor me and I can get PR status and be allowed to work.

I know that we can't proceed at all until I have a divorce paper in hand but I wanted to know about my gf and her situation. Do they have to show proof that they are splitting? They are not married but they do have an established life together including the ex-gf carrying my gf on her benefits still as well as having each other listed as beneficiaries on life insurance policies.

Also add into this mix that I DO have children so leaving now to be with her permanently is not an option because I will have to sort out the custody with my ex first.

This is still all early stages but I really want to know how far we can proceed after my divorce is final if they continue their lives as they are. My gf and I do plan to marry, we have been engaged since December 2010.

Can anyone give me any insight PLEASE??

 

[boasorte]

Hi , you are pretty much in the right path.

Put on your mind that for Immigration all couples aren't genuine and that YOU are the one who has have to prove it otherwise.
So gather as much documents as you possibly can, lots of proof that you aren't with your girlfriend for Immigration purposes only. You should also explain why you have came out of the closet only now, after a marriage and 2 kids.

Unfortunately you can't apply yet since you don't have your divorce papers but in the meantime, you can take care of other important things.
At first it seems impossible to put everything together put with patience and organization you will be able to.

Since you are an American I would strongly advise you to apply through OUTALND route, it's faster and you can still live with your partner in Canada since you are from a visa exempt country, if the process takes more than 6 months, you can go to a boarder and re-enter the country or simply apply for an extension.

Your partner will have to show a document signed by both parts (i.e Separation Agreement in case they had anything together) showing that her previous common-law relationship has come to an end, you don't need a lawyer for it, they can write it themselves.

Read the CIC website, they have lots of official important informations, and of course come here and ask if you have any doubts.

 

[canadianwoman]

I am an American Citizen who is currently engaged to a Canadian Citizen. We met online 18 months ago and I have been collecting all of our "proof" of our relationship such as visits, phone records, emails, texts, photos, etc.

Good. Continue collecting all evidence of contact and communication. If your girlfriend has a relationship with your children, document that as well.

My girlfriend is common law married to her gf of 13 years and though they have agreed to split, still plan to live together as roommates. They have agreed that they are no longer compatible and that they both want to move on but financially it is in their best interest to live as roommates until my gf and I can move forward and get our life started. They have a house they own together and the ex is willing to allow me to come and visit and stay there as often as I want until my gf can sponsor me and I can get PR status and be allowed to work.

This may be a problem. It would be a lot better for one or the other to move out of that house. Them still living together after 13 years kind of looks like their relationship has not ended, and that they are just helping you come to Canada - i.e., that your relationship is fake.
Get proof they have broken up (a separation agreement). Proof they don't live together anymore would be good as well. If they simply can't move out of the house, you'll need affidavits from people who know them and you stating that they know your girlfriend and her partner have broken up and that she is now in a relationship with you. Proof the former partner has a new partner herself might help. If the financial burden is slight, you and she are far better off taking this financial hit. Trying to prove your relationship with someone when she is still living with her partner of 13 years is not going to be easy.

I know that we can't proceed at all until I have a divorce paper in hand but I wanted to know about my gf and her situation. Do they have to show proof that they are splitting? They are not married but they do have an established life together including the ex-gf carrying my gf on her benefits still as well as having each other listed as beneficiaries on life insurance policies.

She will have to prove this relationship is over. Financial proof is very good evidence that the relationship is genuine. To prove your relationship is genuine, you and your girlfriend should have each other listed as beneficiaries on life insurance and should have each other on your benefits. Your girlfriend still having her ex on these documents will look very suspicious to the visa officer. True, you don't have to show them to the VO, but if he/she finds out, your application will be in trouble.

Get divorced as soon as possible. Your girlfriend should extricate herself from her living situation as soon as possible. Make sure she develops a good relationship with your kids (if possible) and shows an interest in their lives. Continue gathering documents proving you are communicating and visiting each other. Get proof that your financial lives are intertwined: a joint bank account, joint credit cards, each other listed as beneficiaries on each others wills/life insurance/health policies, etc. Once you marry, you can apply right away. Good luck!

 

[Buffy2323]

Thank you for the replies. I am so overwhelmed right now between trying to divorce, protect my kids, and figure out how to be with her that I feel like I'm ready to lose my mind.

It is very hard for my gf to physically move out from the house she owns with her ex due to financial reasons. I am bringing virtually no money into this as I only work part time here in the US and I won't get a huge settlement when my ex and I divorce. The only way we can make ends meet would be for me to live with them temporarily until I can get PR status and THEN I can get a full time job and work to help support her and I. If a separation agreement is possible then that is the route we'll have to go.

I already have plans of putting together a joint bank account with her when I visit at the end of March. I'm saving up money to open this account with her and hopefully between that and all the other documentation we will be able to prove our relationship. I will look into making her beneficiary of my life insurance before we apply for the sponsorship, it's all still pending while I figure out how to divorce my husband.

In the meantime, if I want to live with her how long does it take to get a visitor visa? Since I'm from the United States do I need a visitor visa or can I just come and stay up to 6 months and then leave and come back? Will I be denied acccess after 6 months if we're not in process? I understand once I apply for the PR then I'm able to be with her until a decision is made but in the meantime, if I choose to live with her and her ex, what would be the best way to go about it?

This process is absolutely mind-boggling to me. I never would have thought it would be so difficult to be with someone you truly love and want to spend the rest of your life with.

 

[canadianwoman]

In the meantime, if I want to live with her how long does it take to get a visitor visa? Since I'm from the United States do I need a visitor visa or can I just come and stay up to 6 months and then leave and come back? Will I be denied acccess after 6 months if we're not in process?

You're an American, so you can visit Canada without a visa for 6 months, unless the border official gives you less time. You can extend this time in Canada. The first time will most likely not be a problem. Some people have had trouble the second time and later, because if you come in for 6 months, leave, come back right away for 6 months, leave, and so on, it begins to look like you've moved to Canada.

 

[Buffy2323]

Thanks Canadian Woman! What do I tell them when I come and want to stay for 6 months. Do I tell them the truth, that I'm staying with my gf/fiance with intent to apply for PR? The last time I visited Canada for a long weekend to see her I was given the 3rd degree and had to prove I when I was going home and that was after only a weekend! I can't imagine coming for 6 months. Also, how do they keep track of how long you are there? I think I remember having my passport scanned? Does this track all activity in and out of Canada or just when you enter and when you leave? I'm so paranoid that I won't be allowed in when the time comes!

 

[canadianwoman]

I'd say you're coming to visit, and have proof that you will return to the States: proof of a job, a letter from your boss saying you are on vacation for 2 weeks (or whatever), a lease or mortgage, money in the bank, a return ticket. If they've grilled you already, they will most likely want to see this type of thing when you cross again. You can always stay longer than you told them you would, as long as you don't overstay the time limit they give you.

 

[BeShoo]

You have a complicated situation there Buffy2323, and it makes no difference whether you are gay or straight, it's complicated. I'm gay too by the way and I'm sponsoring my American partner. He has been visiting with me in Canada while we have been putting together evidence of our conjugal partnership, but he has been here for a year now, so we're doing a common law application instead.

It sounds like each of you is going to continue living with your respective exes. This will make it very important to be able to prove that you are no longer in a relationship with either or them (especially hers since she will have no legal divorce papers).

Read this (http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357760#msg357760) for criteria on proving that co-habiting partners are no longer in a relationship. It can be difficult to prove this.

You'd want to be able to prove that they're not having sex, sleeping together, eating together, buying things together (even food, really), etc. You definitely need to get your girlfriend off her ex's benefits and off her insurance policy. Those kind of things are strong detractors from the idea of not being partners any longer.

 

[Siouxie]

I know that we can't proceed at all until I have a divorce paper in hand

Technically, you can proceed without being divorced (just separated) if you are in a common-law relationship but you must be residing with your sponsor for a year. "Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships."

Please see OP2 http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.38. What happens if the common-law partner (principal applicant) is married to another person?

Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year.

Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships.

Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

You should also read 5:49

I think the fact that your sponsor will still be residing with her common-law partner (even though the relationship has ended) may cause untold problems for you both as far as immigration is concerned. They are quite specific in their wording regarding "physical separation" ... and living under the same roof is not a physical separation.

I think your sponsor and her former partner are going to have to try and arrange for the property to be sold or buy out the other.

I hope it all goes well for you and please feel free to ask any questions!

 

[Buffy2323]

Thanks to everyone, there is great advice out there. At this point I'm just not sure how it is going to work out. It seems so very hopeless to me and the fact that my ex is telling me he's gonna fight to keep the kids with him has made it even tougher for me to deal with. There seems to be no easy solution to our problem. I guess I will just have to keep digging and try to figure out how to do things!! I will print all of this information out for future reference.

 

[Siouxie]

Awwww that's going to be tough to deal with One of the requirements in bringing children here is a signed agreement by the other parent, which it sounds like it will be hard to get.

How about your fiance coming to stay with you for a year so that you can establish a common-law relationship instead? It would also give your children (and your soon to be ex) the opportunity to get to know her.

Just a thought!

"The path of true love never runs smooth"

Hang in there!

 

[rjessome]

There is a non-profit, volunteer organization in Canada to help same-sex couples with questions about immigration. I know one of the people who runs it and he's awesome.

You've gotten good advice here. It's also nice to see if there is other help available to you.

http://legit.ca/

 

[KarenCee]

Thanks to everyone, there is great advice out there. At this point I'm just not sure how it is going to work out. It seems so very hopeless to me and the fact that my ex is telling me he's gonna fight to keep the kids with him has made it even tougher for me to deal with. There seems to be no easy solution to our problem. I guess I will just have to keep digging and try to figure out how to do things!! I will print all of this information out for future reference.

I hope this one issue works out for you. This is why I'm still here in the States with my Canadian spouse. I have to wait until my daughter and I are free from joint custody because my ex told me the same thing and my lawyer confirmed that he could indeed fight me for custody - and for all intents and purposes would win since my daughter is American and he would have every right to obtain custody. Sigh. So we wait...gather evidence of our relationship...and wait. I read and research so that when we do file, we'll be as educated as possible.

Good luck with sorting it all out...and it will I'm sure.