Now worried about conjugal application

[jckovacs]

I was just reading some info on this forum about the types of sponsorships. How unlikely it is that we'll probably be approved now is a worry for me. I'll explain.

USA has no same sex immigration law. Canada does. But I didn't move to Canada because I have a degree and make more money. My partner does not and would not have been able to support us both if I moved there. Which is why I didn't. I stayed here and worked instead, making good money and saving for us and our move, new life, etc. And she visited me frequently.

I am now getting the feeling like this is not good enough, and we'll be denied because I didn't live in Canada with her because we'd not have been able to afford it on one income.

Some advice would be great.

 

[pinklady]

Unfortunately it doesnt sound too good. If there are no immigration barriers, i.e. you could stay in canada or she could stay in USA but you chose not to for work purposes then it may be deemed that your relationship is not serious enough for you to be conjugal. Also canada does allow same sex marriage right? And so your relationship has no impediment to marriage either.

Sorry, i know i'm saying what you don't want to hear.
Good luck!

 

[jckovacs]

We want to get married in the future, but not everyone wants to get married right away. We didn't want a fast wedding just for immigration. To us, it's important and we wanted to do it when the time was right. That is why we're not married as of yet. So just because they allow same sex, doesn't mean we are wanting to do it JUST for Immigration Canada/paperwork.

I don't mind if you're blunt. It's important for us all to be honest. Or we'll just get the wrong info. We'll just be patient and hope that there is a good turn out. But if there isn't, we will see what we can do afterwards. But a quicky marriage (if they turn us down) will not happen.

 

[CharlieD10]

Conjugal is very hard to prove. There must be a significant immigration impediment to your being either common law or married for them to accept you under that class. Unfortunately, economic considerations do not constitute a significant immigration impediment.

We had a couple apply under conjugal in the Kingston, Jamaica thread that were denied. Their reason for choosing that category was that her divorce was taking forever to come through (2 years and more they have been waiting), and they were basically told to either live together until it is finalized and re-apply as common-law, or get married when it is finalized and apply as spouses. Either way, they were not going to be approved as conjugal, because the Canadian partner can travel freely to Jamaica. Although the Jamaican partner was denied TRVs, that made no nevermind to Immigration. One of you can move freely, there is no immigration impediment, that's what they were told.

If you don't want to get married now, you'll have to find a way to live together long enough to qualify as common-law (one year minimum cohabitation).

 

[pinklady]

No I agree, don't get married just for the sake of it. But honestly unless you can qualify for common law I dont think it looks good.
I am speaking from experience. My husband and I applied as conjugal early last year. We were engaged already but we didnt qualify for common law as even though id been staying here in canada with him, I had no proof of it. But we got rejected because there was no impediment to marriage. It was pretty devastating actually since we'd been together for 5 years already.
Anyway, i would never recommend withdrawing the application. Wait and see how it turns out. I have no idea, perhaps because it is a same sex relationship there might be different criteria, or maybe less strict. I hope so.
I really hope things work out for you!!! Any other questions i'll offer my advice as best I can.

CharlieD10 is right...

 

[jckovacs]

So when you did your application, you went ahead with conjugal but mentioned you lived together? I mean, I realize you couldn't prove it, but did you state that you did? I'm just trying to understand everything. I appreciate your help.

 

[Patricksgirls]

We were advised by an immigration attorney to apply via conjugal also but are really re thinking it. While both our divorces are taking too long I am thinking that our reasoning for not living together may not hold up since we are Canada/US. Our reason was we both have health issues that require care in our countries due to insurance/disability reasons. Not to mention that I stayed for three months this summer, tried to go back in the fall and got a visitor record so now crossing is difficult and not conductive for common law.

 

[jckovacs]

As I stated, we are same sex. So US doesn't recognize our relationship for living together purposes. Marriage in a couple of states yes, but not immigration. It's definitely not an easy thing over here. Also, had I went to Canada on a visitor visa, which we would have lived on the streets, no offense to my better half, we both know this, I would have had to move EVERYTHING to Canada, and then possibly back again if either, the application was taking too long, or we didn't get approved, etc. Or I could have come back to the usa with nothing and slept on the floor. To be honest, this was in our best interest. Especially financially. Life is tough, and if we don't plan for our future properly, it's hard to pick yourself back up again.

These are the reasons I don't live in Canada and sit at home all day. I live where I can work and help to support us and our future. I just hope that Canada can understand. Well, this turned into a nailbiter.

 

[kelKel]

There is one girl on here that applied conjugal and was approved in 4 months. Her partner is American. Can't remember for the life who it is.

 

[jckovacs]

There is one girl on here that applied conjugal and was approved in 4 months. Her partner is American. Can't remember for the life who it is.

Right now, your words are a blessing from God. Thank you for helping me to calm down a bit. I would love to know who just so I can figure out how, lol.

 

[kelKel]

I'll try searching for you. It wasn't a same sex relationship as well. Conjugal is very difficult but at least you can see what she included in her application.

Okay its AllisonVSC. Just figured it out!

 

[jckovacs]

Thank you sooooo much. I'll see if I can contact her through here, if she still hangs around.

 

[Patricksgirls]

Kelkel if you can find that it would be great. I have tried to look but came up empty but do not remember any of their threads!
Conjugal is super hard when you are both from visa exempt countries. For that matter sometimes even proving common law can be tough. Don't take it personally that is just the immigration viewpoint.
I agree you should not marry just for immigration purposes but in the same breath if you did visit Canada and decided to get married and then sent off the new marriage certificate that may help your case. If you did do that make sure that you alert them of this change before you are called for an interview or they make their decision.

 

[jckovacs]

She visits a lot and stays with me for a couple of months at a time. But that's it, for fear of them stopping her entry all together. They can keep her out for 6 months. Longer if they are really mean, and I don't want to risk that. Neither of us do. So she doesn't stay longer at a time. It's so hard being apart, and it's tough that if I move there now, we wouldn't survive financially. And it's tough that we're not wanting to marry right now just for paperwork, etc.

We do know that God (as He's a big part of our lives) will see us through it, and whatever is meant to happen, we know happens for His reason. So, while you all hang around and pat my shoulder, I promise to keep you all in the loop the more we know. And if we are not approved (as is my new fear) then we will see about our next move.

 

[pinklady]

Even though same sex is not recognised in the states. If you lived together and could prove that you did, even if it is in the states, then it would be proof enough for the canadian immigration. Its not a case of whether the relationship is recognised, just that you lived together.

We didnt say that we lived together as such, but we did declare all my extended 'visits' saying that i stayed with him on all my visits. So i virtually did live with him, just didnt have any rental agreements etc to prove I did.

Talk to AllisonVSC as kelkel said.