I need an advice about our case (A long distance relationship)

[miya]

I met my Canadian husband on 2005 through an online dating site. We constantly communicating since then and build a strong relationship online. We met in person year 2007 here in the Philippines. After few months, I applied for a PR visa under (conjugal partner). While waiting for the application to approve or not, I applied for a tourist visa same year but been refused for the reason that I might not comeback in my home country and will stay in Canada forever. We then patiently waited for the PR visa. After almost a year of waiting, I was been interviewed last January and right after the interview, the decision was made. The application was refused. The reasons: The officer is not satisfied with the relationship and ( I ) cannot be considered as part of family application and it cannot be called as conjugal because me and my then fiance did not live together for long time. She (IO) said that she is not the one handling my papers and even the one handling it is not satisfied about the relationship. They said it's not genuine and lack of evidences. How come they let us waited for a long time only to know the result is negative.They should decide rightaway and inform us that it did not met the qualification? So that we can start a new one..probably we can get marry after that? Me and my husband (fiance by that time) was so upset about the result. We waited almost a year for any development and only to find out that the relationship is not genuine? We can accept any negative result for the application but saying that the relationship is not genuine is so upsetting. I find the immigration so unfair sometimes. Are they not know how to distinguish real and fake relationship? Yeah, we met online, but it doesn't mean that it's not genuine relationship. Do you agree with me? I cannot even talk during the interview because I was so upset at that time and almost burst into tears infront of the IO. My then fiance decided to come here in the Philippines the 2nd time to get marry to prove to them that we are genuine. We both went to the embassy to make an appeal. We did marry the next day. The supposed plan to marry is when I landed in Canada. The wedding took place in a hotel thru civil rites. My parents relatives and friends attended. The appeal is now in the process and will receive update on July. We also applied a new application under spousal visa. We hope that we can make it this time. I need advice to all of you on how long to wait again for spousal visa? Is the interview for conjugal partner is different to  spousal? Are spousal visa 100% be approve?. We will not stop the battle, for me and my husband loves each other so much.

[Leon]

If you read what CIC says about conjugal partners:

This category is for partners—either of the opposite *censored word* or same *censored word*—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

You see that this category is not for people who just don't want to get married right away.  It's for people who really can't.  You don't just have to prove your relationship, you also have to prove the exceptional circumstances that prevent you from getting married or living together.  The visa officer probably thought there is nothing preventing these people from getting married so obviously they do not have the committment to each other to get married which means the relationship is not real.  I hope you have better luck on your appeal.

[miya]

If you read what CIC says about conjugal partners:

This category is for partners—either of the opposite *censored word* or same *censored word*—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

You see that this category is not for people who just don't want to get married right away.  It's for people who really can't.  You don't just have to prove your relationship, you also have to prove the exceptional circumstances that prevent you from getting married or living together.  The visa officer probably thought there is nothing preventing these people from getting married so obviously they do not have the committment to each other to get married which means the relationship is not real.  I hope you have better luck on your appeal.

Thanks for the great advice. The IO explained a lot during the interview which I understand. Anyway, we are happy now about our new application although we did appeal for the previous application. More power to you.