gay marriage relocation from USA

My partner is Canadian and a Registered nurse, He is currently waiting on a pending green card in the US. We have been together for 10 years and have decided that we want to relocate near his family. We have decided to marry in Canada and then come back to the US and apply for my residency. Can he sponsor me while living in the United States or would he have to be in Canada?

I have a criminal past. When I was 21 in 1998 I had a relationship with someone 5 years younger than me. I was charged with 5 counts of a Statutory Sex offense. I lived in a small conservative town that wanted to set an example. I plead to lesser charges and accepted a conviction of Assault inflicting serious injury, and was not required to register as a sex offender. I am in no way a sex offender and still have a close friendship with this person today. However I am worried how the Canadian government would treat the issue.

I think he must get his green card first before he can sponsor you.

Please continue this discussion in the the family class sponsorship conference (this is a link) since this is not about citizenship.

pgoodwin75:

I responded to this in the other thread in which you posed the same question. Please refrain from duplicate posting.

Whether or not the offense for which you were convicted is a misdemeanor or a felony is not the critical issue, but whether or not the similar offense in Canada may be prosecuted as an indictable offence or not. Odds are very high that it is, indeed, at the least an offense which may be prosecuted as either a summary offence or an indictable offence, and thus, for immigration purposes, is treated as an indictable offence. The conviction then made you inadmissible to Canada. The question then is how and when rehabilitated status may be obtained. This is the sort of question that it is really best to consult with an experienced Canadian immigration lawyer (not consultant, but a lawyer) about.

That said, as I said in the other thread, it is most likely that at a minimum you were inadmissible to Canada for at least five years following the date you were last under the jurisdiction of the justice system . . . probably the date your probation was finally completed. Again, that is the most likely minimum. It is possible that regardless of the time that has elapsed, you will not be deemed rehabilitated but must apply for rehabilitation status.

If consulting with a lawyer is not something you want to do, you can go ahead and make the application for rehabilitation yourself. See this page (this is a link) regarding "Rehabilitation for persons who are inadmissible to Canada because of past criminal activity.

In any event, again, please continue this discussion in the family class sponsorship conference since this is not about citizenship.