Visa Application Refused - Need Help Re Appeal

[journeyman]

Hi,
My partner and I have a problem. We have been in a relationship for approximately 3 yrs. but due to limitations of visits by guests where I live and the fact that at the beginning she was still legally married and living with her husband I could not visit her. She is now legally separated and I visited her for 8 weeks last Dec-Feb then we came back to the US for me to settle my affairs and go back with her to Canada for the 6 months I am allowed to stay in Canada while applying for a temporary visa to stay the extra months to qualify for common law status and then permanent residency. We adivsed the officer of this at the Canadian border, they refused me entry and said that we must apply for perm. res. before I could return to Canada and that the only category that we qualified for was conjugal partner. Now they have refused my application stating that they do not see an impediment to us meeting common law status. I cannot sponsor my partner to come here for the year since I do not meet U.S. policy to sponsor her (income too low) and I am not permitted to go to Canada until perm. res. is granted so not sure how this is not an impediment to meeting common law status. Any advice before we proceed with the appeal. We are frantic at this point.

 

[rollinsc]

Ok so just to clarify... You are American and she is Canadian?

Unfortunately they are very sticky at immigrations, especially when you have an application for permanent residency in the processes. (The majority of people I have seen have all been denied entry into Canada if they had a PR in the process too).
Do you meet ALL the requirements for conjugal partner? Check out requirements at:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal

If not, why not get married? I am not sure how immigration is in the USA but if you are trying to immigrate to Canada there is no income requirement to sponsor a spouse. I am not too sure about also includes conjugal partner but am absolutely certain that theres no min-income for spousal. (I'm in the process of things right now). Also, my friend who has already sponsored her husband a few years ago, had a very low income of 8000 for the income form (it asks you how much income you have made for the past year) and they were still approved.
Hope this helps a bit...