Hi, Qorax. I am new here and if possible can you help me with my concern? I have posted this thread in so many places in the forum but I got no reply for anyone. It seems it is very complecated issue and need an expert like you.
I am divorced and I have the custody for my kids. I applied to the CIO in 9/9/2010 and my file is "on process" since April 2011. What delays my file is that the visa office in Cairo has asked for, and I paste:
'A notarized declaration indicating that your ex-husband has no objection for the children to accompany you for immigration and permanent residency in Canada, such declaration may be notarized at the "Notary Public" office (El Shahr el Akary). "
I kept searching for my X for 4 months and then convincing him for another 2 months till I finally could have had a written agreement with him that he has no objection for the kids to immigrate to Canada as long as we will not ask him for any money for that or during our stay there. I notarized the agreement in our local notary public (elshahr elakary) and sent it to the embassy. After 20 days they sent me an email to indicate that:
" the declaration recently received is not/not satisfactory. You are kindly requested to have the children's father come to this office to sign another declaration. "
The VO says that my X should have gone to sign in front of the notary public who is Elshahr elakary employee i.e the agreement should have been attested and notarized not notarized only, although as you can read from what I posted earlier the VO did not mention attesting of the declaration but only noterization.
How on earth can I get him TO the embassy to sign such a declaration? He requested from us when we were writing the agreement in the lawyer office not to contact him again what ever happened to us. He is always afraid that I would sue him in court for not financially supporting the kids according to the Egyptian law and I really do not know an address for him.
I tried to explain that to my VO and tried to ask him if there is anything else I can do instead of that. Actually he was so helpful and asked me to provide him with his contacts so he would contact him by himself. I gave him his email but I could not give him his phone number as my X is closing this number all the time as it is the only number I had for him.
Now, another 20 days have passed since then. I do not know if my VO has contacted him or not but I sent the VO another email asking if I can do anything else instead of relying on my X. I also sent him in the email my future plans for settlement including housing , schooling and job which I secured all for my kids and myself, but still no answer from his side.
Would anyone advise me please what should I do? any idea will be helpful for a lost one like me. I cannot freeze my life for a whole year and then get rejected because of someone who is not even caring to see his kids once a month. Should I contact the ambassador? but I do not want to pess off my VO, I always feel that he is trying to help me. Should I email the immigration minister asking to consider my case as a humanitarian case? Should I wait to be rejected then ask for a judicial review or an appeal? I even thought of being considered as a refugee but the surprise is that I will still be asked for the same document.
As you know the revolution in Egypt now is making it harder for me to live in secure life being alone with 2 kids. I cannot even go to my work and my kids are going to school on regular basis now because of lack of security in the streets. Should I bear this life only because of my X?
Please help me
Let me clarify couple of things to u on the onset:
1. An unsatisfactory submission of that doc won't get u rejected. Yes, there could be delays -- a few clarifications sought -- however, as long as u have submitted the 1st notarized set - u stand a fair chance.
2. Globally 'notarization' entails the signatories to be physically present in the Public Notary's office & sign the doc 'in person'. How u got it stamped w/out your Ex's presence beats me.
3. It's understood that your Ex would play a spoil-sport, given the situation u painted in your post. As I decipher it -- so would your VO. Thus, the unfeasibility of his facing the VO is acknowledged... with a few tweaks here-n-there u could yet see the light @ the end of your case processing, relax !
4. That "solemn declaration" by the 'other' parent is a prerequisite for immigration of underage children... a copy of it is also a must to carry while leaving the country.
5. In no case - I repeat - under no pretext - u should resort to writing to other officials of the CIC... your VO is actually reciprocating to your cause. Play it smooth - play it courteously - play it safe.As of now u have 2 options:a)
Prepare a fresh "Affidavit", probably signed in the presence of a judiciary, re-contacting & taking along the father once again, declaring that "he consents to the kid/s immigrating & that he has no objection/claims towards their custody/welfare under their mother; and he foregoes his visitation rights".
Try & put some pressure on him indicating that if he doesn't play along - u could see a judge to seek 'maintenance' from him. While if he assists u - he could have a lifetime of peace - in the know that u no longer would be in the country to bug him, anytime/anymore. This should bring him to his senses... I hope & pray it does. Then submit that 'affidavit' to your VO, under a cover letter indicating the non-compliance of his facing the CIC.b)
The above is the ideal/wisest course of action. However if u cannot get him to 'play' -- write a detailed letter to your VO, explaining the situation, viz. non-conformance of your Ex, his hideous/malafide intentions, disrespect to your [& the children's] welfare -- and ask/request your VO for a 'waiver' from the repeat requirement.
This probably shall entail further clarifications, a couple of more plea correspondences, however it should sail thru successfully in the end.
I wish I could be more forthcoming...
Good luck & take care.Qorax