Bringing American GF to Canada

[Amalthea]

All of the talk on conjugal here is a moot point. A US/Canada couple faces no immigration or legal barriers so a conjugal app is simply not possible (or at least has an incredibly high chance at being rejected).

It's not a requirement for a couple to get married, but in the case a couple simply doesn't believe in marriage and never intends to marry, then the only option is they must become common-law and apply as such.

In general proving 1 year of cohabitation as bf/gf, and showing things like sharing of finances and naming each other as beneficiaries, is usually suitable for establishing common-law. It's pretty rare that a visa office would accept proof of 1 year cohabitation, but still claim you are not a true common-law couple.

I don't know how frequent it is, but on the "Forum Friends" fb group we saw a couple of US/Canadian couples encounter this. I remember one in particular because they had been common law for 5 years ! yet CIC still said they felt that they were just bf/gf and so when they were given 30 days to provide additional evidence, they had to go and get married :/

 

[silky28]

All of the talk on conjugal here is a moot point. A US/Canada couple faces no immigration or legal barriers so a conjugal app is simply not possible (or at least has an incredibly high chance at being rejected).

It's not a requirement for a couple to get married, but in the case a couple simply doesn't believe in marriage and never intends to marry, then the only option is they must become common-law and apply as such.

In general proving 1 year of cohabitation as bf/gf, and showing things like sharing of finances and naming each other as beneficiaries, is usually suitable for establishing common-law. It's pretty rare that a visa office would accept proof of 1 year cohabitation, but still claim you are not a true common-law couple.

The problem with the common-law is that there is no way that we can live together for a year straight. Doing what I do I cannot spend 6 months in the U.S. and she is only allowed to spend 6 months here. Additionally, while she may be able to get an extension to stay beyond 6 months we simply could not afford to have her here not working. How can I ask here to come here and live like paupers when she has a descent job in the U.S.?

I was hoping my inability to live common law with her would count as an "immigration barrier" and therefore support the conjugal visa application.

 

[Buletruck]

Read this OP 2 manual on the CIC website under resources, manuals (sorry, it won't let me post a link). It provides the information the reviewing officers need to consider for an application under various categories. It's worth the read and gives you a better understanding of actual requirements than peoples opinions.

In essence it says you need to provide proof of an ongoing committed relationship in the 12 months prior to applying for a PR to be considered in a conjugal relationship. You need to provide that proof of interdependence.

There is no requirement to be married in Canada, only to commit to a single conjugal relationship.

 

[MilesAway]

The problem with the common-law is that there is no way that we can live together for a year straight. Doing what I do I cannot spend 6 months in the U.S. and she is only allowed to spend 6 months here. Additionally, while she may be able to get an extension to stay beyond 6 months we simply could not afford to have her here not working. How can I ask here to come here and live like paupers when she has a descent job in the U.S.?

I was hoping my inability to live common law with her would count as an "immigration barrier" and therefore support the conjugal visa application.

Unfortunately, that does not count as an immigration barrier. You can get an extension and live together for 12 months. A lot of couples on this forum have done it. The fact that you don't want to leave a job is a choice. CIC does not consider work or school to be immigration barriers.

 

[Rob_TO]

The problem with the common-law is that there is no way that we can live together for a year straight. Doing what I do I cannot spend 6 months in the U.S. and she is only allowed to spend 6 months here. Additionally, while she may be able to get an extension to stay beyond 6 months we simply could not afford to have her here not working. How can I ask here to come here and live like paupers when she has a descent job in the U.S.?

I was hoping my inability to live common law with her would count as an "immigration barrier" and therefore support the conjugal visa application.

As mentioned, this is definitely not an immigration barrier. According to CIC this would be your personal decision not to become common-law due to work related reasons.

Immigration "barrier" to CIC are when one is physically unable to travel to a country due to not being able to get a proper travel visa.

 

[Buletruck]

I am assuming since you have been together for 5 years and the child is 1 1/2 years old, that you are the father......that would indicate a significant commitment.

 

[scylla]

I am assuming since you have been together for 5 years and the child is 1 1/2 years old, that you are the father......that would indicate a significant commitment.

Unfortunately having a child doesn't negate the requirement to either meet the marriage or common law requirement. Yes - a child will certainly serve as strong evidence the relationship is genuine - but the main criteria for applying (i.e. being married or common law) still needs to be met. It's not optional. And a conjugal application involving a US partner has extremely little chance of succeeding. You can quote the manuals until you are blue in the face - what we can tell you here is how the rules are actually applied by CIC.

 

[Amalthea]

The problem with the common-law is that there is no way that we can live together for a year straight. Doing what I do I cannot spend 6 months in the U.S. and she is only allowed to spend 6 months here. Additionally, while she may be able to get an extension to stay beyond 6 months we simply could not afford to have her here not working. How can I ask here to come here and live like paupers when she has a descent job in the U.S.?

I was hoping my inability to live common law with her would count as an "immigration barrier" and therefore support the conjugal visa application.

There is no inability for you to live common law. You are choosing not to for financial reasons, as you stated above. Lots of us quit our jobs and waited out the PR process on visitor visas. Living on one income really sucks, sure, but it's not an immigration barrier, not to mention in CIC's eyes there is nothing keeping you from getting married. It'd be different if she had to apply for visa to visit Canada and was denied, and you applied for a visa in her country and were denied. In CIC's eyes, you are choosing not to get married, and choosing not to become common law. That is NOT an immigration barrier.

I respect that you both were at University, but CIC might raise an eyebrow over the fact that you've been together in the same country for 5 years but never lived together. That certainly won't make your application easier. Americans do have lower burdens of proof for genuineness than other countries, however. But to apply for something like Conjugal would be a waste of $1040 + medical exams + all your time and energy.


Moving to another country for someone is a big, big commitment. It's not to be taken lightly, and it's a lot to give up your career, your credit, move away from your friends and family and start over in a new country. In my opinion getting married looked like signing a piece of paper in comparison.

I hope you both can talk and decide where you want your relationship to go in the future She could always come up on a study visa, or a work visa, but you have to be pretty specialized to find an employer that is willing to pay for a LMIA.

 

[silky28]

There is no inability for you to live common law. You are choosing not to for financial reasons, as you stated above. Lots of us quit our jobs and waited out the PR process on visitor visas. Living on one income really sucks, sure, but it's not an immigration barrier, not to mention in CIC's eyes there is nothing keeping you from getting married. It'd be different if she had to apply for visa to visit Canada and was denied, and you applied for a visa in her country and were denied. In CIC's eyes, you are choosing not to get married, and choosing not to become common law. That is NOT an immigration barrier.

I respect that you both were at University, but CIC might raise an eyebrow over the fact that you've been together in the same country for 5 years but never lived together. That certainly won't make your application easier. Americans do have lower burdens of proof for genuineness than other countries, however. But to apply for something like Conjugal would be a waste of $1040 + medical exams + all your time and energy.


Moving to another country for someone is a big, big commitment. It's not to be taken lightly, and it's a lot to give up your career, your credit, move away from your friends and family and start over in a new country. In my opinion getting married looked like signing a piece of paper in comparison.

I hope you both can talk and decide where you want your relationship to go in the future She could always come up on a study visa, or a work visa, but you have to be pretty specialized to find an employer that is willing to pay for a LMIA.

So it seems that this is what the system wants...she comes here and stays for a year so we can become common law and she can apply as such. However, in the mean time she has not been able to work or pay her student loans so her credit is now destroyed. Since we are essentially married now both of our credit is destroyed and we will never be able to buy a house. Sounds like a great system....one where I will be forced to watch my son, who is a Canadian citizen mind you, grow up without me around...unless I am willing to go bankrupt.

 

[silky28]

And it is not that we do not want to get married, or are not read per se, but she will nut rush a marriage because she got married or because she wants to move here. She will only do it organically.

 

[Amalthea]

So it seems that this is what the system wants...she comes here and stays for a year so we can become common law and she can apply as such. However, in the mean time she has not been able to work or pay her student loans so her credit is now destroyed. Since we are essentially married now both of our credit is destroyed and we will never be able to buy a house. Sounds like a great system....one where I will be forced to watch my son, who is a Canadian citizen mind you, grow up without me around...unless I am willing to go bankrupt.

Lots of us have student loans. Several of us in the Ottawa thread (the office that processes US applications) have switched our student loans to the income based repayment plan, and pay $0-$7 a month. Also, you can ask for a forbearance or deferment, in another thread akin to this Member BeShoo explained that his partner has been deferring his student loan payments for the last 5 years while he waits up in Canada, citing with them that he cannot work in Canada as a visitor.

If your partner really wants to keep working, you could get married and she could stay in the States until the PR goes through, or until she's ready to join you, so 4-10 months at max.

 

[Amalthea]

And it is not that we do not want to get married, or are not read per se, but she will nut rush a marriage because she got married or because she wants to move here. She will only do it organically.

I am far from a CIC apologist, they make a ton of mistakes, lose applications, paperwork and treat folks like straight-up criminals for marrying a foreigner, all while keeping them in the dark throughout the lengthy, bureaucratic immigration process. However, if you chose not to get married, that is your own prerogative and your own decision, not CIC's.

There is no version of Spousal Sponsorship for boyfriends and girlfriends, or fiances. . Conjugal is for folks who want to be married(or common-law spouses) but cannot due to institutional and governmental barriers (same sex couples who cannot get married due to laws and are denied visitor visas and cannot establish common law, people who cannot get married because of denied visitor visa requests, etc...). Sorry.

My marriage definitely didn't happen organically. It was like hey, we have to get married if we want to be together, and that's absolutely worth it. We were willing to do whatever it takes to be together, and knew that we wanted our relationship to be permanent.

There is no judgement from me. I hope you two can talk it out and figure out what is most important for you at this time in your life. You can establish common-law and then apply, you can get married and she can continue working in the States or come up to Canada while waiting on PR, or you continue living separately until your partner is ready to get married and then apply. You know your life better than anyone here, all we can do is help you figure out the pros and cons of different ways of applying (Inland vs Outland.. for you 'tis definitely Outland!), either common-law or spousal.. etc... I wish you all the best in your lives! It's certainly no walk in the park, but in my opinion and the opinions of many, the advice on these forums from Seniors such as Rob, Canuck, Ponga, PMM etc is better than any lawyer's.

 

[Mariac819]

I have been with my NOW husband since 2009. Same situation, we were both in University and just couldn't live together. I finished University, we got married and I am now waiting for our application to be processed. Its really that simple. If you aren't ready to be married after 5 years CIC won't see that you have the level of commitment needed for the process. Even in common-law relationships you have to be living together for 1 year. University is not an immigration barrier it is a choice.

 

[Mariac819]

I am far from a CIC apologist, they make a ton of mistakes, lose applications, paperwork and treat folks like straight-up criminals for marrying a foreigner, all while keeping them in the dark throughout the lengthy, bureaucratic immigration process. However, if you chose not to get married, that is your own prerogative and your own decision, not CIC's.

There is no version of Spousal Sponsorship for boyfriends and girlfriends, or fiances. . Conjugal is for folks who want to be married(or common-law spouses) but cannot due to institutional and governmental barriers (same sex couples who cannot get married due to laws and are denied visitor visas and cannot establish common law, people who cannot get married because of denied visitor visa requests, etc...). Sorry.

My marriage definitely didn't happen organically. It was like hey, we have to get married if we want to be together, and that's absolutely worth it. We were willing to do whatever it takes to be together, and knew that we wanted our relationship to be permanent.

There is no judgement from me. I hope you two can talk it out and figure out what is most important for you at this time in your life. You can establish common-law and then apply, you can get married and she can continue working in the States or come up to Canada while waiting on PR, or you continue living separately until your partner is ready to get married and then apply. You know your life better than anyone here, all we can do is help you figure out the pros and cons of different ways of applying (Inland vs Outland.. for you 'tis definitely Outland!), either common-law or spousal.. etc... I wish you all the best in your lives! It's certainly no walk in the park, but in my opinion and the opinions of many, the advice on these forums from Seniors such as Rob, Canuck, Ponga, PMM etc is better than any lawyer's.

Beautifully said! ... ... My husband and I were already engaged .... we knew we wanted to be together permanently.... I planned a beautiful wedding with intimate family and friends in 2 months. I loved every minute of it. We have been happily married for one year. I am here in Canada with him as a visitor waiting for our application. I don't know about anyone else but I did 5 years long distance and IT S U C K S!!!... plain and simple! ... I wanted to do anything in my power to be with my husband!...

 

[silky28]

She did not want to get married just because she got pregnant, and she doesn't want to get married just for a Visa. Me, I do what I have to do...but I am somewhat emotionless. She wants the whole marriage for no other reason but love thing. I'll have to convince her.

So we have 2 options basically: 1) get married and apply 2) bring her here for 6 months, apply for an extended visa and after a year apply?