I am citizen of US, what are chances I get called for an interview??

[Rob_TO]

To be common-law, you have to be living together in a marriage-like relationship for 1 year. I'm not sure but in your wife's situation it sounds like they were a couple many years ago... moved in together at some point.... then broke up but continued to share the same house. Is that correct?

Here the legal common-law definition gets tricky since it's all about timing. The date they were living together as a married-like couple for 1 year, is they date they would have entered the common-law relationship. The date they split up is the date the common-law relationship would have officially ended (even if they were still living together). It would be the same as if a married couple got a divorce but still lived together. So in lots of respects the actual date the breakup happens is simply whatever you say it is... since there is no "proof" you actually broke up on some particular day. So did they break up before or after living together 1 year?

Anyways it also sounds like they NEVER filed any joint taxes together as common-law. So my advice is to not mention it now. This would open a whole can of worms if the CRA ever found out they were common-law at some point in the past... but never filed taxes together.

 

[Buffy2323]

Thanks Rob, you are correct. They were a couple for several years in the early days. They bought the house but when they split up they continued to live together (it's a 3 bedroom and they have had seperate bedrooms for a long time). They never did file joint returns so there is no proof that way. As far as anyone knows they have always just been roommates for many years. Even if they wanted to go their seperate ways, it's expensive to live in Canada alone and the fac tthat they have a substantial amount of equity built in the house makes t hard for either to get out. Now that I am moving there and will be able to work as well as bring some equity eventually with me from my previous house, we will be able to buy her out and all go our seperate ways. my attorney seems to think that we should proceed and not list her as anything more than a roommate/co-owner of a house.

 

[Buffy2323]

So i spoke more in depth with my lawyer and he said that since my wife and i are married anything from her past will not be looked at. He said are more concerned about our relationship being legitimate than her having a mortgage/account with anyone else. The important thig is we have started to combine or financial affairs and we have proof of that. I feel much better about that. I just hope everythig else goes smoothly from here on out!!

 

[amikety]

So i spoke more in depth with my lawyer and he said that since my wife and i are married anything from her past will not be looked at. He said are more concerned about our relationship being legitimate than her having a mortgage/account with anyone else. The important thig is we have started to combine or financial affairs and we have proof of that. I feel much better about that. I just hope everythig else goes smoothly from here on out!!

I'm with your lawyer on this. The second your wife and her ex broke up, they became roommies. Nothing more.

With the economy and housing markets being so tight and unpredictable, I've heard of more and more people continuing to live with their ex as roommates, so I don't think that part would be as unusual as it used to be.

Either way, kudos to you for being mature enough to handle it. Many, many people aren't (including me!) ;D

 

[Buffy2323]

I'm with your lawyer on this. The second your wife and her ex broke up, they became roommies. Nothing more.

With the economy and housing markets being so tight and unpredictable, I've heard of more and more people continuing to live with their ex as roommates, so I don't think that part would be as unusual as it used to be.

Either way, kudos to you for being mature enough to handle it. Many, many people aren't (including me!) ;D

Thanks!! Believe me it has been a topic of many fights from the beginning until now but honestly there is nothing she can do about it. Financially neither of us can afford to pay the half that is owed to her ex. Once i move up and start working we can co-sigh a loan and take over the payments though it will be at a much higher monthly payment. Regardless, we will get through it. The important part is getting the pr for me and getting me moved and settled and then i can look for a job. I am just totally stressed about the whole process and i'm ready to be done. Sadly i haven't even filed yet. . Thanks for the words of encouragment, they Keep me going!!

 

[gie2205]

Hello Buffy,
We're on the same situation. I'm on a same sex relationship too! Me and my wife were married in 2011. She's a US citizen and we did an Inland application for her PR, we are on 2nd stage now as she had her AIP and her OWP last November. Our situation is not "complicated" as yours as we're both single and no kids before we got married and both sides of our families approve of our marriage. Anyway, I believe that you'll be fine primarily because you guys are already married anyway (as per Canadian law). I wish you all the best and I guess, stop worrying. Canada is a great place to live in as they value equality regardless of your preferences.

 

[Buffy2323]

Hello Buffy,
We're on the same situation. I'm on a same sex relationship too! Me and my wife were married in 2011. She's a US citizen and we did an Inland application for her PR, we are on 2nd stage now as she had her AIP and her OWP last November. Our situation is not "complicated" as yours as we're both single and no kids before we got married and both sides of our families approve of our marriage. Anyway, I believe that you'll be fine primarily because you guys are already married anyway (as per Canadian law). I wish you all the best and I guess, stop worrying. Canada is a great place to live in as they value equality regardless of your preferences.

Thanks gie, it's good to hear a positive story. I wish I could apply inland but too many variables, including my minor son who will be moving to Canada with me. It's too much to ry to uproot him now and, God forbid we are denied, have to move him back here again. I want it to be as flawless of a transition as possible. I hope ours is a very easy case to process but I guess I will find out. I wish the two of you the best, please be sure to update when the PR coms through!! Positive results will help keep my spirits up.

 

[steerpike]

It is only common-law if the relationship is conjugal. 2 people living together for 12 months as roomates does not make them common-law.

Im not sure if the crown ever forces common-law status on anyone. It seems to be something that can be applied for to demand certain rights (in child custody, immigration, etc) or tax rebates or whatever. If you live with someone for 12 months in a conjugal relationship, and dont report it, dont fill in any forms stating that, I dont think the crown or state is going all of sudden deem you common-law without your consent. Basically, i think you need to ask for it before it becomes official.

 

[Buffy2323]

It is only common-law if the relationship is conjugal. 2 people living together for 12 months as roomates does not make them common-law.

Im not sure if the crown ever forces common-law status on anyone. It seems to be something that can be applied for to demand certain rights (in child custody, immigration, etc) or tax rebates or whatever. If you live with someone for 12 months in a conjugal relationship, and dont report it, dont fill in any forms stating that, I dont think the crown or state is going all of sudden deem you common-law without your consent. Basically, i think you need to ask for it before it becomes official.

steerpike, thanks for that clarification. Bottom line, neither one of them ever considered themselves common law even when they were in a relationship. My wife's ex-gf did put her as beneficiary on her life insurance and carried her on her health insurance when they were together but that was removed a long while ago. The whole reason for the life insurance beneficiary was strictly for the purpose of the house. If one of them passed away the other would use the money too pay off the house. Regardless that was a long time ago.
It's good to hear other opinions on this.

 

[Rob_TO]

Basically, i think you need to ask for it before it becomes official.

No, once you are living together for 12 months as a conjugal couple you are instantly common law, and to not declare it is committing tax fraud. The CRA can and has gone after people in the past for filling individually when in fact they are common-law. Usually this involves many years of people living together, sharing bills and finances, and even having children together... but continually filing as individuals for tax purposes. The CRA can go after them in court to try and prove they are common-law, and recoup any outstanding taxes they should have been paying. For some cases they can even use investigators. Though its pretty rare they do this, and usually they would need a compelling or obvious case first. I don't think the OP here needs to worry at all!

 

[Buffy2323]

Regarrdless of the definition she is nnow married to me so her past is her past. Thank goodness for that!! I'm just glad to know I should be able to proceed without much of a hassle. ;D

 

[gie2205]

Thanks gie, it's good to hear a positive story. I wish I could apply inland but too many variables, including my minor son who will be moving to Canada with me. It's too much to ry to uproot him now and, God forbid we are denied, have to move him back here again. I want it to be as flawless of a transition as possible. I hope ours is a very easy case to process but I guess I will find out. I wish the two of you the best, please be sure to update when the PR coms through!! Positive results will help keep my spirits up.

The best route for u is to apply Outland, it's faster. I would have done Outland, credit it to a lack or research on my part. . I don't think you'll be denied. I remember a border officer telling me when my wife moved here (we drove all the way from California to Toronto), Canada is for family unification. You and your wife are a married couple so the law is on your side. The docs I submitted are pretty straightforward and simple. We just submitted our marriage certificate and photos (wedding and vacation), and a simple narrative of how we met. We met online as well. . Being a US citizen is an advantage for you as CIC won't think that your marriage is not just for convenience. My wife has a friend who was able to petition her conjugal partner who has a 10 year old daughter from the Philippines. They pulled it through so how much more with you who are in fact legally married. . Don't waste your money with a lawyer, yours is a sure thing! ;-)

 

[Buffy2323]

Thanks for the vote of confidence gie!! I have already retaied, and paid for my attorney. He has been helpful in many ways for me, especially in the divorce from my ex-husband and the legal opinion I needed to get re-married. Heknows the best evidence to use for the immigraiton case and told me that we have more than enough and he will just submit the pieces he feels will be the most beneficial. I really beleived I would have problems because of me being married to a man before and having kids as well as the whole situation with my wife but it sounds like I shouldn't have any problems at all. I guess my biggest problem now is the fact that I didn't apply early enough for my FBI clearance (sent last week) and that I have to wait until April 2 for my daughter to have her medicals done (she is not moving with me to Canada). I am hoping it won't hold up the process too much. I want to apply for this NOW!! lol