I am in a really difficult situation, here... SUCH a difficult situation

[Ryusuta]

So, here's my situation. I am absolutely CERTAIN I am ready and willing and able to immigrate to Canada. Toronto, specifically. There is a person there that I am strongly devoted to and am confident in living with (we have had several month-long visits to one another). And even without her, I very, VERY much love Toronto, and would be happier there than most anywhere else. It's my sort of city.

So, here's the thing. I can't marry her (for reasons I would rather not discuss here), and I'm currently on US disability. I have a little bit of money saved, but I don't know how feasible it is for me to save a lot more. I don't mind living thrifty for a time on the little money I have until I can sort things out with the residency, but I don't know what grounds I can MOVE there with. I love Toronto, and I know that I will be so very happy there, but I don't know how to do the deceptively simple task of being up there and staying up there. What do I do... I need some sort of help...

 

[newtone]

If you want us to help you, you have to genuinely tell us whats your intention. Thats the only way we can help you, clearly tell us your situation.

 

[Ryusuta]

What information do you need? I've got about 3,000 dollars in savings (which I know is basically nothing), I am willing to move whenever I can. I don't have a job because I'm on disability, though I know I could work if I absolutely needed to. I have some post high school certification (radio and television broadcasting), and I have worked in a few related professions before. I'm 27 years of age, currently in North Carolina (though a move to California is sadly looking likely)... Don't CURRENTLY have a vehicle, but I have before, and could again. What other info would you like?

Oh, and my intention is to move to Toronto to be with my loved one and live with her. Regardless of what happens, though, I would still want to be in Toronto.

 

[Leon]

So you can't get married but you can live together and you are a US citizen? If that is the case, go to Canada to "visit" for up to 6 months and live with your partner. After 6 months are up, you could leave, come back and get another 6 months or your girlfriend comes for 6 months to live with you in the US. After you have lived together for a year, your girlfriend can sponsor you as a common law. You need to collect evidence of your relationship and evidence that you are living together as a couple. Joint bank accounts, joint utitilities, joint leases, joint insurance policies etc.

 

[Ryusuta]

So you can't get married but you can live together and you are a US citizen? If that is the case, go to Canada to "visit" for up to 6 months and live with your partner. After 6 months are up, you could leave, come back and get another 6 months or your girlfriend comes for 6 months to live with you in the US. After you have lived together for a year, your girlfriend can sponsor you as a common law. You need to collect evidence of your relationship and evidence that you are living together as a couple. Joint bank accounts, joint utitilities, joint leases, joint insurance policies etc.

One of my fears involving that is the border... I'm scared of telling them the wrong amount of time for my visit, and likewise I'm scared of them sending me away to the states when I tell them I intend to stay 6 months... what should I do about that? And apart from that...

*Sigh*

Okay, I'm sorry. Newtone was right. I guess I have to give the full breadth of the situation, and hope not for too much criticism on this...

We're polyamorous. We've been in an open relationship between three people - two of us in the States, and her up on Canada. She is already planning to marry our mutual girlfriend, which will allow her into the country. Short of getting a paper marriage with her roommate (which just isn't feasible or desirable for me), marriage is simply OUT. I don't want to lose either of them. We keep each other safe, loved, and happy. I know the legal standing on polyamory in BOTH countries, but we're a family together, and it's tearing at us that we're being kept apart.

This is the full disclosure of the situation. All three of us are disabled, so working is a very challenging thing to ask any of us. I know I COULD do it, but I don't even know where to BEGIN opening that can of worms.

 

[Leon]

Since two of you are in the states, wouldn't it be simpler for one of you to sponsor her to the states? The problem with your situation is that if she marries the third party of the relationship order to sponsor that person to Canada, you would not be able to live with them and claim a common law relationship as immigration will not accept that she has more than one spouse. The only way she can sponsor you both is to complete the sponsorship of the first person, then divorce that person and marry and sponsor you. If she does that herself, it would take at least 3 years from the time the other woman gets her PR until she can start sponsorship of you because she is under obligation of that sponsorship for that amount of time. Another option would be if the other woman who would have newly gained her PR would sponsor you as her spouse (after them getting divorced) but this can also not happen too soon and you can not show any evidence that you were in a relationship as she immigrated or immigration might accuse her of having faked the first marriage to get her PR with the hidden agenda to get divorced and sponsor you all along.

 

[Ryusuta]

Since two of you are in the states, wouldn't it be simpler for one of you to sponsor her to the states? The problem with your situation is that if she marries the third party of the relationship order to sponsor that person to Canada, you would not be able to live with them and claim a common law relationship as immigration will not accept that she has more than one spouse. The only way she can sponsor you both is to complete the sponsorship of the first person, then divorce that person and marry and sponsor you. If she does that herself, it would take at least 3 years from the time the other woman gets her PR until she can start sponsorship of you because she is under obligation of that sponsorship for that amount of time. Another option would be if the other woman who would have newly gained her PR would sponsor you as her spouse (after them getting divorced) but this can also not happen too soon and you can not show any evidence that you were in a relationship as she immigrated or immigration might accuse her of having faked the first marriage to get her PR with the hidden agenda to get divorced and sponsor you all along.

Except... no immigration on homosexual marriage in the States. Yes in Canada, no in the States.

 

[Baloo]

Except... no immigration on homosexual marriage in the States. Yes in Canada, no in the States.

Incorrect.
New York State Approves Same-Sex Marriage

http://www.voanews.com/english/news/usa/New-York-Approves-Same-Sex-Marriage-in-Major-Gay-Rights-Victory-124534969.html

 

[Ryusuta]

Can you immigrate based off of that? Because from what I've read, same-sex marriages do not provide the same immigration rights as hetero ones. Would like to provide a link, but the site won't let my account post links, likely because it's new.

And wouldn't I need to reside in New York? Because chances are I'm going to be heading to California to live for awhile depending on how things go, and that could make things tricky. If I DON'T need to reside in New York, this plan might just have something to it...

Thank you very much for your help so far, everyone.

 

[Baloo]

http://www.care2.com/causes/what-states-allow-gay-marriage.html

You need to do a lot more research.

 

[Leon]

Even though some states allow gay marriage, that doesn't mean immigration would approve because immigration is federal.

 

[Baloo]

Even though some states allow gay marriage, that doesn't mean immigration would approve because immigration is federal.

That is another reason why Canada is such a good place.

 

[Ryusuta]

That is another reason why Canada is such a good place.

And also extremely relevant to my problem. Like I said, no immigration from homosexual marriage in the States. I very seriously consider the possibility of just going to Canada and STAYING there sometimes, and it seems absolutely absurd to me that I'm leaving whenever I go. I just... *Sigh*

 

[Baloo]

The Canadian side of the problem is that polyamorous doesn't "fit" in the immigration system.
All I can see is, you need to overcome your fear of the border and arrange visits. I do not see many other legal options.

 

[Ryusuta]

It's just not fair at all... we can't move her to the US because the US has backwards views about homosexuality, and I can't move THERE because marrying isn't an option. I hate this so much.