ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Talon59]

Hello everyone,

I am having some trouble and I don't even know who to ask. I met my wife in 2008 through a dating service website in China. We got married three years ago, and hired a lawyer to applied for her immigration.

It was denied because they said we missed an interview in Hong Kong. I live in Canada and she lives a few hours away from Hong Kong, but the problem was we were never informed of this interview.

Once we found out, the lawyer submitted an appeal. That was in January 2015. We have not heard from anyone still. No news, no updates. Lawyer says the immigration people says it is still processing, but it has been over 1.5 years. Also, the lawyer told us we can't go through ADR. I don't know why.

Can anyone help me? Is this normal? Is the lawyer playing tricks to get us to pay more money? Is is normal to not go through ADR. I want to go back to China to see my wife, but I am afraid they will ask to interview me in Canada and I have to rush back.

Please, I miss my wife, and she misses me, but we can't be together... Our marriage is strained because of this. She thinks I am lying to her. Please help me.

Hi Needs lots of help,

Have you been notified by your lawyer or recieved a copy of the notice of appeal? You or your lawyer should have received it 2-3 weeks after you applied for it. IAD selects who goes through ADR, a missed interview I would expect would lead to you having a full hearing, they would have notified your lawyer of the interview if you had hired him when you filed for PR as all documents would have been mailed/emailed to him. He would have been responsible to notify you of it. If you have your UCI# you can call IAD and check to see if they have a case file for you or you can call CIC and they will verify where they sent the notice of the interview. I recommend being Proactive with your case even if you have representation as lawyers and consultants run multiple cases and don't dedicate all their time to just 1 case. This also lets you know what your lawyer has been doing or not doing. If CIC verify's that the interview notice was sent to your lawyer (confirm his email/address when they tell you) there is a chance your lawyer failed to notify you of the interview. Was he/she a recommended lawyer? did someone you know use them?

 

[Talon59]

thanks soblue3 .but they didnt send all prooofs to us that i gave them during interview? ?what it means?why they didnt send all proofs with blue book?

Client when your spouse/yourself goes to the interview they will note and look at (sometimes) what you bring in but they don't usually make copies of it so if you sent photo's chat logs, proof of financial support at that time you are best to submit them when you assemble your file.

 

[JYC]

When you review your blue book check to see if all the documents that you have submitted before are there, often things are "omitted" and they will say they never had them you will need to submit those papers again

Thx Talon59

 

[Vlil]

NeedLotsOfHelp, by now you and your lawyer should have received a Blue Book. Which, among other things, should clearly show where and how an invitation for interview was sent. That will give you an idea why you did not receive it. And I agree with Talon59, it should have been sent to you lawyer if you had him on file at this time...
Ask you lawyer about a Blue Book. And you can always order GCMS notes yourself, bypassing him.
Unfortunately this is true - by the IAD policy ADR cannot be granted if there was no interview, for whatever reason.

 

[soblue3]

thanks soblue3 .but they didnt send all prooofs to us that i gave them during interview? ?what it means?why they didnt send all proofs with blue book?

well then start to prepare your evidence and put in anything that they did not include in the blue book...i did not happen to me..i got back everything i gave them except they did not accept any evidence my husband brought to the interview. i have read before that it did happen to some people...the vo must have lost some of the evidence..lol. dont worry just include everything for the appeal.

 

[soblue3]

Hello everyone,

I am having some trouble and I don't even know who to ask. I met my wife in 2008 through a dating service website in China. We got married three years ago, and hired a lawyer to applied for her immigration.

It was denied because they said we missed an interview in Hong Kong. I live in Canada and she lives a few hours away from Hong Kong, but the problem was we were never informed of this interview.

Once we found out, the lawyer submitted an appeal. That was in January 2015. We have not heard from anyone still. No news, no updates. Lawyer says the immigration people says it is still processing, but it has been over 1.5 years. Also, the lawyer told us we can't go through ADR. I don't know why.

Can anyone help me? Is this normal? Is the lawyer playing tricks to get us to pay more money? Is is normal to not go through ADR. I want to go back to China to see my wife, but I am afraid they will ask to interview me in Canada and I have to rush back.

Please, I miss my wife, and she misses me, but we can't be together... Our marriage is strained because of this. She thinks I am lying to her. Please help me.

Hi needlotsofhelp,
At this point i would try to contact the appeals office..keep calling them till you get in touch with somebody there. also as somebody already advised you order the notes. did your lawyer or you received the acknowledgment letter from the appeals office regarding you filling for appeal? see if its possible to get another lawyer even consultant. you can also do it by yourself.

 

[Vlil]

it did happen to some people...the vo must have lost some of the evidence...

If it was just lost, that wouldn't be a big deal... in my case some was deliberately removed from file, because it was in contradiction with the officer's statements and conclusions.
I guess this was one of the reasons why the Minister Counsel agreed to allow the appeal. She could clearly see that, although I was never let to discuss these facts at the hearing. They simply shut me up.

 

[client2014]

thanks everyone for helping me

 

[loveawaits]

cases after the person won the appeal?? :

I really don't know why all I see is medicals and police check is done and process still on security way back in March so I don't know I hope this nightmare ends

 

[NeedLotsOfHelp]

If you live in Toronto the wait time is about 2 years for an appeal hearing. It is up to the appeal division to give you ADR or full hearing based on how complicated your case is. You can always call the IAD office and find out what the status of your case is, that way you will have an idea how long more you have to wait. They will give you an estimate on when your hearing date will be.

Thank you for your response. So 2 years is still within normal range. I will try to connect with the IAD office personally. I went to my lawyer's office and he called them and put them on speaker for me to hear. They said it's still pending. That was a few weeks ago. How often should I call to ask for an update?

Hi Needs lots of help,

Have you been notified by your lawyer or recieved a copy of the notice of appeal? You or your lawyer should have received it 2-3 weeks after you applied for it. IAD selects who goes through ADR, a missed interview I would expect would lead to you having a full hearing, they would have notified your lawyer of the interview if you had hired him when you filed for PR as all documents would have been mailed/emailed to him. He would have been responsible to notify you of it. If you have your UCI# you can call IAD and check to see if they have a case file for you or you can call CIC and they will verify where they sent the notice of the interview. I recommend being Proactive with your case even if you have representation as lawyers and consultants run multiple cases and don't dedicate all their time to just 1 case. This also lets you know what your lawyer has been doing or not doing. If CIC verify's that the interview notice was sent to your lawyer (confirm his email/address when they tell you) there is a chance your lawyer failed to notify you of the interview. Was he/she a recommended lawyer? did someone you know use them?

Yes, I received the notice. In the refusal letter, they said there is no evidence that we did not receive a letter notifying us of the interview. Neither our lawyer nor us got any notification. How can we prove that? I don't want to accuse my lawyer of doing a poor job, but it seems like it. Since the application, he's only contacted us personally twice. All the other times we contacted him. I don't see a UCI#. What I have is an IRB#. I want to be proactive, but I am scared I would make some kind of mistake in my current stress level. I need help. This lawyer was just someone we found. He seemed to be well qualified, but, no, he was not recommended by anyone. Thanks for your help!

NeedLotsOfHelp, by now you and your lawyer should have received a Blue Book. Which, among other things, should clearly show where and how an invitation for interview was sent. That will give you an idea why you did not receive it. And I agree with Talon59, it should have been sent to you lawyer if you had him on file at this time...
Ask you lawyer about a Blue Book. And you can always order GCMS notes yourself, bypassing him.
Unfortunately this is true - by the IAD policy ADR cannot be granted if there was no interview, for whatever reason.

Yes, we have the blue book. I've looked at it and it doesn't say where or how the notice of an interview was sent. It just says that "There is no indication that you and/or your sponsor did not receive that interview invitation and instructions, and you did not appear for your interview." The lawyer insists that he never got any notification, and I know I never did. What are GCMS notes and how to I request for it? Thank you for your help!

Hi needlotsofhelp,
At this point i would try to contact the appeals office..keep calling them till you get in touch with somebody there. also as somebody already advised you order the notes. did your lawyer or you received the acknowledgment letter from the appeals office regarding you filling for appeal? see if its possible to get another lawyer even consultant. you can also do it by yourself.

I shall try to contact the office. How do I request for the notes? Yes, we got the blue book with the acknowledgement letter. I am looking for another lawyer or consultant. I feel like even if this lawyer hasn't done anything wrong and I am just this unlucky, he's not very attentive nor very compassionate. I understand that he probably has a lot of other cases, but if he is too busy for me, I should probably find someone else, right? However, I am scared that he would do something to mess up my appeal because I will be getting rid of him. If I don't use him, he would lose thousands of dollars as my lawyer at the court hearing, I guess. Thank you for your help!





Thank you everyone for your help! I am not a very smart man, and I get anxious easily, so thank you for all the help and attention!

 

[habeeb]

Can anyone tell me when does IAD tell you the date of your hearing? I just wonder how much warning they give, is it like a few weeks before or months before usually?

 

[Talon59]

Thank you for your response. So 2 years is still within normal range. I will try to connect with the IAD office personally. I went to my lawyer's office and he called them and put them on speaker for me to hear. They said it's still pending. That was a few weeks ago. How often should I call to ask for an update?

Yes, I received the notice. In the refusal letter, they said there is no evidence that we did not receive a letter notifying us of the interview. Neither our lawyer nor us got any notification. How can we prove that? I don't want to accuse my lawyer of doing a poor job, but it seems like it. Since the application, he's only contacted us personally twice. All the other times we contacted him. I don't see a UCI#. What I have is an IRB#. I want to be proactive, but I am scared I would make some kind of mistake in my current stress level. I need help. This lawyer was just someone we found. He seemed to be well qualified, but, no, he was not recommended by anyone. Thanks for your help!

Yes, we have the blue book. I've looked at it and it doesn't say where or how the notice of an interview was sent. It just says that "There is no indication that you and/or your sponsor did not receive that interview invitation and instructions, and you did not appear for your interview." The lawyer insists that he never got any notification, and I know I never did. What are GCMS notes and how to I request for it? Thank you for your help!

I shall try to contact the office. How do I request for the notes? Yes, we got the blue book with the acknowledgement letter. I am looking for another lawyer or consultant. I feel like even if this lawyer hasn't done anything wrong and I am just this unlucky, he's not very attentive nor very compassionate. I understand that he probably has a lot of other cases, but if he is too busy for me, I should probably find someone else, right? However, I am scared that he would do something to mess up my appeal because I will be getting rid of him. If I don't use him, he would lose thousands of dollars as my lawyer at the court hearing, I guess. Thank you for your help!

Thank you everyone for your help! I am not a very smart man, and I get anxious easily, so thank you for all the help and attention!

Hi Needs,

My short question since I haven't seen you reply to it yet was your lawyer retained at the time of your PR application. If he was ALL documents from immigration and IAD will goto him first as they will contact him as your representitive if he provided an email address they will send it to his email if he provided only his address it would have been sent to his mailbox. I doubt any lawyer/consultant would not be using email at this time. So I would suspect either A) he doesn't know his email and typo'd it but since he's getting other documents I would doubt this is the case B) he received it and either him or one of his secretaries deleted it from the email or they just plain didn't notify you. Did he provide you with references? Did you check into them? I would be strongly leaning to failure on your lawyers part if he was retained at the time of application. IRB is the Immigration review board case # your uci may come up as foss ID if you have your blue book. If your looking at the notice of appeal it will have an IAD file no. if you call IAD 1-866-790-0581 and provide that # they can look up your file and provide you with your uci # and they can confirm the mailing address and email they have on file for your lawyer.

Has your lawyer given you a scanned copy of the complete file he submitted? look for 2 copies of imm5476e 1 for you 1 for your wife that will show you where your paperwork would have been sent

 

[Talon59]

Can anyone tell me when does IAD tell you the date of your hearing? I just wonder how much warning they give, is it like a few weeks before or months before usually?

No less than 30 days before the scheduled Pre-trial received my notice 60d before pre-trial had lots of time to polish my book. Pre-trial is to make sure your ready and not wasting time they want to see your relationship file ( disclosure of documents) even if it's a rough draft you need 3 copies of this 1 for yourself 1 for iad 1 for cbsa they will review it really quickly and ensure it meets format and that they have it and that what they have and what you have match up then after the pretrial the will arrange a date for the hearing with you and you will have to submit a final copies (should you make revisions) I submitted the whole thing again to ensure they all matched however you are allowed to send in small appendixes.

 

[Karan751]

I hope so I won my apeal August 2015 and to be honest I had the best minister council he asked me 2 to 3 questions and he said you passed and I was crying while he was saying to my lawyer that the visa officer ruin relationships by purpose and all and finally they asked for my medical police check etc mid October sent in December and haven't heard till now i contacted mp they said that my file is in Ottawa and in process and medicals and police check is done but processing on security check and this information was 3 months ago last time I heard from my mp and just today went again to the mp and he said he will contact and try his best I am waiting for so Long I started his sponsorship back 2012 I see most of my family and friends spouse come here so quick I get so upset it is just not fair I don't know how long I have to wait more as I'm very nervous because his medicals will expire soon and that stupid representative Cic scared me said that he might do his medicals again if you don't get visa by then :'( I cannot wait more longer for this process

i have same timeline as you.i won appeal in july 2015 and got medical done in septembet 7 2015 ,after tht they asked for police clearance and updated forms which were delivered in june 3 2016.afer tht still waiting.we filled back in dec 2011.still waiting for them to request for passport .god please help us.

 

[2016jimi]

Hello client2014,
You dont need to submit anything which is included in your blue book. They will receive a copy of your blue book so all you can submit is what you have not included there. Any chat which you think can be helpful which you dont see inside the blue book, pictures, receipts etc.
If you have a lawyer they should help you choose the information which you can add.

What is the Blue Book???