Can F2B or F1 applicant be engaged or common law?

[morelife 0]

Hello everyone,

 

I am wondering what the implications are of being engaged while awaiting the F2B or F1 visa? Secondly, what about if living with partner (not married) but being considered common law by Canada? 

 

In Ontario, Canada, two people are considered common law partners if they have been continuously living together in a conjugal relationship for at least three years.

 

Would anyone know if any of these statuses have any impact on the application?

 

Thank you

[JeanneAdil 6,514]

looking this up ,  it seems to depend on the providence 

like in Alberta a common law marriage does not have to go thru divorce but is dissovled when the couple separate

 

and in Ontario 

In Ontario, Canada, two people are considered common law partners if they have been continuously living together in a conjugal relationship for at least three years. If they have a child together by birth or adoption, then they only need to have been living together for one year.

so,  what providence is this?

you'll need to google it to know

 

Is common law marriage recognized in Canada?

 

Canada does not currently have the original common-law marriage, although common-law relationships are recognized for certain purposes in Canada. The legal definition and many implications of marriage-like relationships fall under provincial jurisdiction.

[Boiler 45,558]

You are not married as far as an immigration benefit is concerned 

[Kai G. Llewellyn 838]

US Immigration does not recognize Common-Law as it exists in Canada. Common-law in Canada isn't a marriage as it is in some US and foreign jurisdictions. It merely has conditions that can be met that allow some aspects of law at both the Federal and Provincial levels concerning married spouses to apply to those in a cohabiting relationship. Those conditions also vary between the feds and provinces. The Feds consider common-law to exist after 1 year of cohabitation. Some provinces require a longer period of cohabitation before you're common-law in their eyes, like you mention with Ontario, where it is 3 years.

 

It should be noted for this reason that previous common-law partners do not need nor should be disclosed as previous 'marriages' on US immigration paperwork. As far as they'd be concerned you'd just be declaring a previous boyfriend/girlfriend and you'll be in the awkward situation of being asked to obtain a divorce decree that would be impossible to obtain.

Edited December 16, 2021 by Kai G. Llewellyn