US & Canadian Citizen dating since Oct 2001 - Applying as Conjugal Partners

[BeShoo]

One more set of statements from another case that complements that big one:

In conjunction with the Operational Procedural Manuals (OP 2, 5.25) the following characteristics should be present to some degree in all conjugal relationships:

mutual commitment to a shared life
- has to be exclusive i.e. not more than one conjugal relationship at a time;
- intimate – commitment to sexual exclusivity;
- interdependent – physically, emotionally, financially and socially;

permanent
- long-term, genuine and continuing relationship
- present themselves as a couple.

Special perception
- Whether the partners are treated or perceived by the community as a couple.

 

[journeyman]

Hi BeShoo,

My then partner and now husband could have easily met the criteria for conjugal as you posted, (aside from the obvious one of not being able to live together continously for one year and all that entails) and I believe you are right the IO's are not lawyers, and therefore do not look at it quite the same way. (sometimes I wonder if they are even human : ....pretend I didn't say that) We did provide testimonials from family, financial documentation showing interdependence, along with all the other proof of relationship to come to the conclusion we recieved.

We will never know if we would have prevailed in an appeal, however, choosing not to appeal and go the marriage route we hope will bring us to a conclusion sooner than the appeals process would have taken. And ultimately, for us being together as soon as possible is the most important. We have no regrets. Even though our wedding was not what we would have initally planned, our marriage turned into a fun family event and a good time was had by all. We now look forward to a happy conclusion to these trying times.

I wish the same for all on the site. We all deserve it.

 

[BeShoo]

Journeyman,

If everything is as you said (and I have no reason to believe that it isn't), I think you almost certainly would have won on an appeal. I believe that the IO made a mistake in your case. Unfortunately, some of them don't really know 100% the right thing to do. I have read many appeal case decisions where the judge said that the IO was in error.

I still intend to apply as conjugal. I hope to present my case in such a way that any IO who is thinking of turning us down would realize that he/she would be in the wrong. I believe that we have had a closer relationship than most who apply aas conjugal. Even when we've been apart, we nearly always prepare food together and eat together, and all the social events I've been to since we've been a long-term couple I've been constantly chatting with him on my BlackBerry. He has also been following me as I drive using GPS for over 2 years, and giving me navigation advice, etc. We discussed grocery shopping regularly during that time, too. If he couldn't decide what to have for dinner, I had a very good idea what food he had in his fridge and in his kitchen. We have been extremely close.

There's always a chance that a bad IO will review the evidence, but that's sometimes a chance you just have to take.