CIC accuses us of Business marriage.

[locolynn]

Our situation was a little different, as we were inland. However, we met online and married |(eloped) 2 1/2 months later. I am a little older, and we are different races. Our application took 23 months to process, but we submitted additional evidence to prove our relationship was ongoing, and known about and accepted by friends and family.

I would advise you to refile your application and include as much proof as possible that you have a real relationship. CIC does not accept videos, and many have been told that a child is not proof of a real relationship.

Notarized letters from people who know you, about your relationship, etc are good. Facebook screenprints, copies of cards you have sent each other, emails, photos, plane tickets, receipts for gifts, etc are all good to use for proof.

An outland application can be appealed but this is a long and painful process. Check some of the threads for information from those who have been denied and appealed.

I would have to disagree. Unless you are going to provide some pretty compelling evidence (which I would wonder why it wouldn't have been included in the the original application), the appeal is a better route. You will have the opportunity to address their concerns directly and overcome them. If you refile, you risk the application being denied on the grounds that the case was already decided (res judicia?).

Locolynn

[CharlieD10]

I have to agree with Lynn.  Appealing a first denial is extremely important, especially where you believe you can reasonably address all the concerns listed in the refusal letter.  Failure to appeal a denied application can be viewed very poorly.  It is what I like to call a "fighting chance" and if you don't take it, it can look like the sponsorship didn't really matter because the marriage wasn't genuine.  This application was Outland to begin with, so he has the right of appeal, and I would say take it.

[trini777]

Im really sorry about what happened in your case. Sometimes I myself think that POS is biased against Guyanese as the cases on CANLII are predominantly from your country. Maybe it is a cultural misunderstanding or something. I agree for you to appeal and try your best to have documentary evidence to support your position at that time.

[inflex]

Like most of you have mentioned, appeal is the way to go. If you reapply they will question why you didn't appeal since you claim your marriage is genuine. With an appeal a fresh set of unbiased eyes will look at your application and make a determination. Just be sure to cover all the grounds they're concerned about.
In my case, I didn't need any convincing in appealing. I even jumped the gun and appealed before receiving the denial letter. I was ready to put up a good battle.

[tink23]

Reapplying, however, often is a lot faster than making an appeal, so if they're questioned why they didn't appeal they can state that as the reason and that they wanted to be together in Canada as quickly as possible.

[Stumpedmom]

But again...it will most likely be refused based on the fact the first application was denied....the best route is to appeal...as much as yes it does take longer, but it is the best route when your first application is denied...

[sbaksh]

Hi Guys,
I met with my Lawyer today and he interview me like i was a criminal. He stared at me in my eyes and he was reading my facial reaction. I felt great cause i know that he knew that i was telling the truth and he is doing his job. He said that appeal is the best way to go and he didn't even consider reapplying.

I was using skype as my record and i didn't revisit my wife, so i am partly at fault, however he said from here forward. Get proper record of phone your phone calls etc. He also said that i go to Guyana, go on a vacation out of Guyana. I am thinking Antigua.

So since my Wife have to wait another 8 months, we are thinking of having a child. Besides i don't care if the child is Canadian or not. Nationality don't mean anything to me as longs as your from earth.

For us Canada is just a place to conduct trading with Guyana and to get a proper education. I love Guyana and so does the Canadian gold miners.
 

If you reapply, your files are in the system. If the officer suspect that your marriage is a fraud and you didn't contest it. They will automatically know that they are right and close the case. When you reapply they will throw out the case. If i were the IO i would do the same thing too.

Something to think about, If your sponsoring a spouse, Hire a lawyer and you'll save time and have a great night's rest. Now i can have a proper night's rest.

Thanks!

[sbaksh]

Oh! btw

In the letter the IO didn't state that she believed that money was passed or a business marriage. All she stated is that it's not a genuine marriage.

The lawyer is pulling all my files back to Canada for the Canadian official can review my Case.

Canada is by far the best place to live.

[sbaksh]

I hired a lawyer and we're going to arbitration in march.
The immigration officer wrote alot of lies on the transcript. She even put the wrong photo on the file. I had put a copy of my sister-in-law, mother and father-in-law with the application, the officer put my sister-in-law on the application. I makes me wonder.