COMMON LAW SPONSORSHIP

[arlene21]

Hello everyone,

I am new to this forum, i have a few questions though. First of all my boyfriend is a Canadian citizen living in America as a permanent resident. I am a Jamaican citizen living in America illegal. I met him in Jamaican August 2009 when he came there on vacation and we exchanged numbers and stayed in contact. In 2010 i decided to go to America and i told him i was coming, he was so happy. I landed in America February 2010 and we have been going back n forth to each others house because we lived in different states. We are both 21 and we are madly inlove, we do everything together. January of 2011 he asked me move in with him so we could expand our relationship. From last year January i have been living with him. Hes planning on going back to Canada and he wants to take me there with him and i truly wanna go with him and he has talked highly about living in Canada. The problem is even though we love each other, we are both young and not ready to get married, so we did some research and found out he could sponsor me through the Common Law immigration. We have developed a genuine relationship and i see myself with this young man forever. Here goes the questions:

1 What are the documents we need to submit to prove our relationship is genuine?
2 Will it be a problem knowing that i'm illegal in the states?
3 Will it be a problem because hes living in America, although he plans on going back home to Canada?
4 Is it best we do everything through a lawyer, and if so who do you recommend?
5 Do you think the processing time will take forever?
6 Do we have to go to an interview?

These are just a few things we have as proof:
1 Rent lease January 2011-2012(our landlord renewed it this year)
2 Our joint account that we opened October 2011
3 Pictures with us

 

[arlene21]

The problem is we don't have any proof of calling or texting in 2009. Like seriously we've changed phones and service so often and we don't email each other because we can either call or text and who does that as a young couple?

1 Will his trip to Jamaica prove anything?

We also have pay stubs and W2s from our tax return with our addresses on it and both of us worked at the same job. We have bank statements with both our name on it. And do we have to send in every statement or just the recent one?

I met most of his family like his mom who i am close to, step dad, sister, little brother, aunt, and some of his cousins who came down from Canada to visit. He only talks to my family over the phone, my mom and sister loves him. Am i going to need letters from them stating that they acknowledge our relationship? Can my manager at work write a letter too? because everyone at work knew about us.

Both of us are nervous because we don't want anything to go wrong and we plan on just being truthful about our entire relationship. They say all we need is enough proof for 1 year. Another thing, we didn't pay utilities because it was included in the rent and the least shows that. We don't have alot of mail with both our names on it, is that a problem? I have so many questions to ask.

 

[CharlieD10]

Hi arlene21.

Take a read here in OP2 for what they are looking for to substantiate a common-law relationship (start at section 5.34): http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

It sounds like the two of you have a lot of evidence so far, and you should get the letters from your family and friends. Please note that for a common-law sponsorship, two of those letters must be notarized (witnesses by a notary public or commissioner of oaths), but the rest can just be ordinary letters.

Your common-law partner will be required to provide proof of his intention to re-settle in Canada in order to sponsor you, but as a citizen he can complete the process of sponsorship while living outside of Canada. Proof of intent to re-settle can include acceptance into a school/course, job offer, and proof of living arrangements.

As for how long the processing will take, it depends. If you were admitted initially to the US for a year, then your application can be processed in Buffalo, which has an average of 11 months. If you were not admitted for a year, then your application will be sent to Kingston for processing and you may be required to attend an interview which would be held in Kingston. KG's average is 16 months.

 

[arlene21]

Hi CharlieD10.

Thank you so much for all these information, I am feeling a bit at ease right now. When u say "admitted initially", do you mean if i entered into the country illegal, because i didn't. I just overstayed my time for about 2 years. But knowing I've been here for the past two years, would they handle the process in Jamaica because i am a citizen there or in Buffalo?

And do we have to date our pictures when we are printing them or do we just write on the back? Do you think we need anymore proof? Please let me know and thanks again.

 

[arlene21]

Can anyone tell me all the proof i would need to submit to Canadian immigration to prove that my common law relationship is genuine? I want to make sure i have enough.





Thank you.

 

[canadiangirl78]

Being illegal in the US isn't a problem. My husband is illegal in the US as his mom brought him here as a child. We have been trying to fix that for years. But your application will process in Jamaica unless you had a visa at one point in time.

To prove your relationship - lease with both names, bank account with both names, notarized letters from friends and family saying you have lived together, any bills or mail to the same address, car insurance etc. Everything you can pull together that shows you have been living together for one year. Also photos and more letters to show the relationship is genuine. Essays from both of you. I am sure other members will give more ideas. I am not in a common law marriage so this is just what I can think of right now.

 

[CharlieD10]

Admitted initially means what kind of visa you entered the US on. If you had a regular visitor's visa, and received a 6 months' maximum stay on entry, then your application has to go to Kingston to be processed.

The proofs for common-law are the same as for any conjugal relationship, all of the basic ones are listed in the manual I posted the link to.

 

[arlene21]

well is there any way to avoid being called for an interview? and yea i got 6 months and overstayed my time. i hope everything goes well. we are starting the paper work next month.

 

[canadiangirl78]

You'll only have an interview if they're unsure about your relationship.

 

[arlene21]

Ok, well they wont have any doubts.. Thank you so much.

 

[arlene21]

Do CIC check your background and what do they check for?

 

[CharlieD10]

Yes, backgrounds are checked. They ensure you have accounted for all the time periods required (since age 18 or the last 10 years), that is why you are not to leave any gaps when filling in the forms. Your memberships in things like professional or volunteer organizations, any political associations, government service, that kind of thing. In addition there are the criminality and security checks.

Ensure you document your relationship properly, so as not to be called to an interview.

 

[arlene21]

Thanks. well i guess there is nothing to worry about huh? But to tell the truth im just a lil nervous. I dont want them to take a long time to process our case. And do they normally email or mail you a letter telling you to send your passport to them?

 

[arlene21]

i think im gonna use a lawyer, so i don't have to stress over the issue. how much pictures do we need to send? As i said we have:

1 Rental Lease
2 W2s- tax returns
3 Joint account
4 Bank statements
5 Pictures( valentines, club, church, bowling, movies, skating)
6 The stamp in his passport when he came to Jamaica(thats where we met)

Thats all the proof we have. Is that ok?

 

[CharlieD10]

Kingston contacts applicants by phone.

The number of photos depends on the couple, some people don't have a lot, some have many to choose from. What you want to try to do is send a sample from different times and different stages in your relationship. How big that sample is, again, depends on the couple, the length of the relationship and how camera-shy they are/aren't.

No-one here can tell you how much proof is enough, only you and the Immigration officer processing your file will know the full details of your relationship and how much proof is needed to substantiate it. "Enough/OK" is relative.

Whether you use a lawyer or not is up to you. I feel I should point out though, lawyer or not, stress is a part of this process.