Conjugal Partner Eligibility...?

[psyyyn]

Me and my boyfriend has been living together since last June. We actually dated for a while long time ago in US, then we got back again last June when he invited me to visit him in CA.

Since then, we are in a very exclusive relationship and trying to have a family together. He is a CA citizen, and he is trying to sponsor me to get a PR here.

But the thing is my divorce in US is in process right now. I was in a abusive relationship, that i basically ran away from my husband to Canada. My divorce was filed last Oct. and i am expecting it to be finalized this summer or so.

This June will be one year that me and my BF have been living together. I extended my visitor's visa till this Dec. already.

Can i still be eligible to apply as a conjugal partner, even though i was married (in US) while we are living together here in CA?

Or should i just wait till my divorce get finalized and get married? My boyfriend is from Quebec, he doesn't really believe in marriage. But he is willing to do it, if that is what we need to do to stay together in CA.

I would really appreciate any helpful advice about my case.
Thanks!

 

[sariss]

It is pretty much impossible for an American Citizen to be accepted as a conjugal partner. Nothing is stopping you from being common law or getting married, except finalizing divorce - which in the eyes of CIC is not a good enough reason.

 

[parker24]

Me and my boyfriend has been living together since last June. We actually dated for a while long time ago in US, then we got back again last June when he invited me to visit him in CA.

Since then, we are in a very exclusive relationship and trying to have a family together. He is a CA citizen, and he is trying to sponsor me to get a PR here.

But the thing is my divorce in US is in process right now. I was in a abusive relationship, that i basically ran away from my husband to Canada. My divorce was filed last Oct. and i am expecting it to be finalized this summer or so.

This June will be one year that me and my BF have been living together. I extended my visitor's visa till this Dec. already.

Can i still be eligible to apply as a conjugal partner, even though i was married (in US) while we are living together here in CA?

Or should i just wait till my divorce get finalized and get married? My boyfriend is from Quebec, he doesn't really believe in marriage. But he is willing to do it, if that is what we need to do to stay together in CA.

I would really appreciate any helpful advice about my case.
Thanks!

Go live with him for a year (as a visitor) and you can apply as common-law.

 

[BCgirl2012]

As Parker already mentioned, if you can provide proof of cohabitation for 12 consecutive months, then you can apply for common-law, even before your divorce finalizes (you should provide a good amount of documentation for both)

It's not long before June

 

[psyyyn]

Oh.... I thought... to be eligible for common law, I need to live with my BF for one year from the day my divorce finalizes.
I am actually a citizen of South Korea. I just lived in America for a long time.

I will then just apply as a common law this June.
Thank you guys so much!

 

[BCgirl2012]

I've seen cases that people have been successfully sponsored by their partner while being married to someone else. You have your divorce in process now, so when you're ready to send your application, and if your divorce papers aren't ready yet, make sure to include a letter with some good documentation about the previous relationship already over and about the divorce process.

If you were to get married, then of course you had to wait for the divorce to finalize. But with common-law, it's not a requirement, provided the new relationship is well developed and documented.

Wish you all the best!

 

[Rob_TO]

You can find more information here on applying as common-law when you are still married (though separated) from another person: 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

 

[amikety]

Oh.... I thought... to be eligible for common law, I need to live with my BF for one year from the day my divorce finalizes.
I am actually a citizen of South Korea. I just lived in America for a long time.

I will then just apply as a common law this June.
Thank you guys so much!

I just wanted to say good luck in the future. Glad you had the strength to get away!

South Korea is visa exempt, so it should be somewhat easy for you get common-law then file for residency. I would start looking at the application now, just to get familiar with it. I would get a copy of the divorce filings to include in the application if the divorce isn't finalized by the time you file, just to show your old relationships is definitely over. (If the divorce finalizes while your application is in process, you'll need to send the visa office a copy of the papers. It won't effect the common-law application at all - they just require proof of divorce if you're divorced.)

Here is a guide you may find useful: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E2