ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[wintersnow]

In a previous post, you mentioned that you have hired a lawyer. Why isn't your lawyer answering these questions for you? What additional evidence have you sent in since receiving your blue book and notes to address the visa officer's concerns?

They will grant you an ADR only if they think that your case can be settled in less than one hour, without needing to talk to any witnesses other than the sponsor. Since most of the concerns are about you and your intentions, I think they need to talk to you.

I think chances of ADR is unlikely in your case, but that is without knowing what evidence you have sent, and what additional evidence you have sent in since your refusal. If you have hired a lawyer, he/she should be in a better position to answer your questions.

Having a mountain of evidence wouldn't impress them that much, especially if they have to dig through all that to find the clues they need to decide the case. Remember, they have many cases to review. You need to comb through all that and tell them where to look for evidence that answers the Visa Officer's concerns. Or your lawyers should be, since they would have a better idea of what kind of evidence would be needed to address the VO's concerns about you, and where you fall short.

Since the minister's counsel and judge are different people than the VO, and they are reviewing your case from a fresh perspective, they may have additional concerns of their own. Are your lawyers convinced of your relationship, and of your intentions? They too, would be looking at it with new eyes.

I disagree ... the more evidence the better ... providing it is relevant. We submitted chat logs that proved we spoke with each other every single day. Both the judge and MC commented on the ample evidence.

Our hearing lasted 2 hours ... I strongly believe the volume of evidence contributed to the quick decision. I believe the MC had already made up his mind he was going to let us through before the hearing.

 

[wait_so_long]

I disagree ... the more evidence the better ... providing it is relevant. We submitted chat logs that proved we spoke with each other every single day. Both the judge and MC commented on the ample evidence.

Our hearing lasted 2 hours ... I strongly believe the volume of evidence contributed to the quick decision. I believe the MC had already made up his mind he was going to let us through before the hearing.

That's the proviso --- it should be relevant. And I suppose you are right, volume does speak volumes in this case, but don't expect them to find what you need them to find in that haystack. You should give them as much of a hand as possible in finding the content necessary to prove your case.

And you are completely right - the MC has likely already made up his/her mind before the hearing, as was the case in the interview. It does help if they are already on side vs having to change their minds.

I would put more value on your opinion over mine, as you have been through the process, and have emerged victorious. Mine is based merely on conjecture, and trying to put myself in the shoes of the Minister's Counsel and the Adjudicator.

 

[wait_so_long]

It's not that the Lawyer is not answering, I just want us to be mentally prepared before talking to the lawyer about this. We did not send them any Documents after my interview (march 2015), We did not know the concerns until we get the blue book and we just got it yesterday. As we have got the Blue Book now, Do we have to Fill in Request for ADR? Or they will decide themselves without any request and inform Us?

I can't make sense of your dates. Your interview was in March 2015 ... when did they give you the decision? After you had received the refusal letter, you would have had only 30 days to indicate whether or not you intend to appeal. And approx 120 days after that to receive the blue book. So, 150 days after the decision, or approximately 5 months.

No, I wasn't aware that you just received your blue book. You should probably contact your counsel to confirm that they have received their copy as well, but then give them time to digest it. You (or your wife, in this case) should start pouring over the notes to re-familiarize yourself with all the material, and make an index of all relevant evidence that is necessary to address the VO's concerns, and then see where you fall short and consider what additional evidence would be required.

On reviewing the evidence, your lawyer should be better able to tell you what your chances for ADR are, at least more than someone on the Internet that knows nothing of it, except how many pages were in the blue book. And your lawyer would be in a better position to tell you what needs to be done to increase your chances of ADR. As most of the concerns seem to be about you, and your motives, I can't see how they can be satisfied without the chance to at least talk to you, which they can't do at an ADR.

The things that they have doubts about, I honestly can't tell you what kind of evidence would be necessary to prove them wrong. But your lawyer has probably encountered this type of situation before, and know what works, and what doesn't. Be prepare to answer some blunt questions. With respect to the three concerns:

# 1 - I would think that would prove your relationship rather than disproving it. Is it strictly one-sided? What do you do for your wife? Is she seeing you as a charity case?
# 2 - There are a lot of things that make up a real relationship. I would put more value on deeds, rather than words. What has each of you invested into the relationship? Would your wife be prepared to join you in your country if you were denied PR? Is your intention to abandon her once you arrive in Canada? How do we know that?
# 3 - This seems counter to the government's program to allow PR to sponsor their parents and grandparents into Canada, and their stated priority of family reunification. Why have a program, but deny you PR if they think you are likely to use it?



Good luck.

 

[wait_so_long]

@ wait_so_long
You mean to say that Our Lawyer should be looking into Blue book deeply and guiding us, what documents/evidence to be submitted and how to encounter VO's Concerns.

Every lawyer probably has their own method. They need to familiarize themselves with your case first; best way would be to go over your blue book. Are your 1400 pages mostly photos, or are they transcripts from your chat sessions? No, i wouldn't expect them to read it all in detail. Just enough to get a feel for your relationship. Just give them a quick call to make sure someone is on your case, and they'll tell you what to expect, and when. Ask them what you need to do to help them.

 

[Praveen Varma]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

 

[stressful]

OMG seriously 14 months after appeal for PPR? Is this normal? I thought it was like 6-8 months! Is it the same for all countries? Wow how defeating :'( :'( :'(

Sorry for taking to long to answer your comment, Now it's 12 months since we reopen our fine, redo of medical and police report have been submitted since June. i think it's normal for the Government of Canada and their fake immigration policy's, government of each countries are all scam me and my husband have spent over 28,000 since this process in 2011.

 

[wait_so_long]

Hello everyone,

I am Nov 2015 applicant applied for spousal visa to my wife and kid. Its second marriage for my wife and first for me. She has a daughter from her first marriage. Issue is during her divorce the child custody was not mentioned. She had an interview at Delhi in Nov. The officer was satisfied with our relation and the only obligation was the officer asked for child custody document. The ex is not available for sign the document and we have a time limit of 30 days.

Can someone please help. This is very important for me, any kind of suggestions is helpful.

PV

This is a serious matter, and you should be seeking advice from a lawyer, not from an Internet forum. Why do you say that the ex is not available to sign the document? In most countries, child custody cannot be given away just by signing a document. It must be awarded by the courts, to ensure that the person giving away custody is doing so without duress or coercion, and is aware of what they are doing and the potential consequences.

I also find it strange that child custody was not mentioned in the divorce at all. When a child is involved, it would tend to be central to the divorce. Even if the father had absolutely no interest in custody, he would at the very least want to be protected against future claims of child support, etc. Is he denying that he is the father?

What is this custody document that the VO wants the father to sign? Is it the Declaration from Non-Accompanying Parent for Minors Immigrating to Canada (IMM5604)? Or something to prove that your wife is the legal custodial parent of the child? Has the father signed anything at all? Does he even know that his ex is intending to take his child out of the country?

From the VO's point of view, this could be a potential case of International Parental Child Abduction. You are best to take the time do it properly now rather than risk possible accusations later on.

The following discussions are the reverse, where a parent had absconded to India with a child, without the expressed consent of the other parent. But it gives you the general idea.

http://www.international-divorce.com/good-news-child-india.htm
http://www.hindustantimes.com/india-news/inter-parental-child-abduction-may-soon-become-an-offence-in-india/story-RfiBwFz2j48K3WFRQQB2gO.html

 

[tony000]

I can't make sense of your dates. Your interview was in March 2015 ... when did they give you the decision? After you had received the refusal letter, you would have had only 30 days to indicate whether or not you intend to appeal. And approx 120 days after that to receive the blue book. So, 150 days after the decision, or approximately 5 months.

No, I wasn't aware that you just received your blue book. You should probably contact your counsel to confirm that they have received their copy as well, but then give them time to digest it. You (or your wife, in this case) should start pouring over the notes to re-familiarize yourself with all the material, and make an index of all relevant evidence that is necessary to address the VO's concerns, and then see where you fall short and consider what additional evidence would be required.

On reviewing the evidence, your lawyer should be better able to tell you what your chances for ADR are, at least more than someone on the Internet that knows nothing of it, except how many pages were in the blue book. And your lawyer would be in a better position to tell you what needs to be done to increase your chances of ADR. As most of the concerns seem to be about you, and your motives, I can't see how they can be satisfied without the chance to at least talk to you, which they can't do at an ADR.

The things that they have doubts about, I honestly can't tell you what kind of evidence would be necessary to prove them wrong. But your lawyer has probably encountered this type of situation before, and know what works, and what doesn't. Be prepare to answer some blunt questions. With respect to the three concerns:

# 1 - I would think that would prove your relationship rather than disproving it. Is it strictly one-sided? What do you do for your wife? Is she seeing you as a charity case?
# 2 - There are a lot of things that make up a real relationship. I would put more value on deeds, rather than words. What has each of you invested into the relationship? Would your wife be prepared to join you in your country if you were denied PR? Is your intention to abandon her once you arrive in Canada? How do we know that?
# 3 - This seems counter to the government's program to allow PR to sponsor their parents and grandparents into Canada, and their stated priority of family reunification. Why have a program, but deny you PR if they think you are likely to use it?



Good luck.

I got My Interview in March 2016 and decision made in June 2016, NOA filed in July 2016, got confirmation in August 2016 and blue book couple of days ago. I and My wife are more than just Ready to spend our lives in my home country if they refuse our Appeal. In fact, our home will be under construction soon in my country. Already we have lost 2+ years of our marriage we are not willing to loose anymore.

I do not think sending money is Problem when you are married. She sent me money which was not really a big amount, she helped me out when I was not having a Job, I told this to VO in the interview, my interview was 4 months after I finish my University I told VO that I'm looking for Job. She Helped me out in different ways, I helped her Out in different ways, that is what we call Relationship Marriage, As Far as, it is concerned about our family they are happily living in my home country they have no plans to accompany me in Canada.

 

[wait_so_long]

I got My Interview in March 2016 and decision made in June 2016, NOA filed in July 2016, got confirmation in August 2016 and blue book couple of days ago. I and My wife are more than just Ready to spend our lives in my home country if they refuse our Appeal. In fact, our home will be under construction soon in my country. Already we have lost 2+ years of our marriage we are not willing to loose anymore.

I do not think sending money is Problem when you are married. She sent me money which was not really a big amount, she helped me out when I was not having a Job, I told this to VO in the interview, my interview was 4 months after I finish my University I told VO that I'm looking for Job. She Helped me out in different ways, I helped her Out in different ways, that is what we call Relationship Marriage, As Far as, it is concerned about our family they are happily living in my home country they have no plans to accompany me in Canada.

Make sure that you document the building of your home in as much detail as possible. Are both your names on the various documents for the title, mortgage or loan, bank accounts, etc.? Did your wife participate in the design of the home, and is that documented somewhere? Does the home include accommodation for your future life together - children, etc. has you wife thought about what kind of work she'd be able to do if she moved to your country? The more you both seem to be prepared for that eventuality, the better.

Yes, a marriage has to go both ways. It's not just one-sided. You share your joys, but also your sorrows. Try and document that somehow. It'd be nice if you can show that you've shared some difficult times together.

Is your family fairly well off? Are they living a comfortable life? You may need to document that somehow. A picture speaks a thousand words, they say.

 

[ali_mohammadd]

Ecas updated Medical result have been received in third line. After the appeal was allowed got an email from cpc ottawa to send the permanent residency form, background forms, medical and police clearance. Sent everything last month. Just wondering if anyone received their passport request after this process and how long it took to recieve the passport request please any one with info reply back would be really helpfull.

 

[europearora]

Ecas updated Medical result have been received in third line. After the appeal was allowed got an email from cpc ottawa to send the permanent residency form, background forms, medical and police clearance. Sent everything last month. Just wondering if anyone received their passport request after this process and how long it took to recieve the passport request please any one with info reply back would be really helpfull.

Hi,

Can you tell me when did you win your appeal?

We also won our appeal in Nov 2016 but nothing after that

 

[flyfish]

Ecas updated Medical result have been received in third line. After the appeal was allowed got an email from cpc ottawa to send the permanent residency form, background forms, medical and police clearance. Sent everything last month. Just wondering if anyone received their passport request after this process and how long it took to recieve the passport request please any one with info reply back would be really helpfull.

Hello bro,
I have same situation my third line also written medical have been revived, my medicle was on 30 November.same day we scan all ducuments but nothing on ecase ?? Yesterday my wife call to cic she asked question about the ducumects did u get it?cic agent said,we received on 6th November but it did not update on ecase only medicle update,when they update ducuments ?when they start back ground check?

 

[flyfish]

Hi,

Can you tell me when did you win your appeal?

We also won our appeal in Nov 2016 but nothing after that
[/
I just see the members and mine after the apeal allowed remedical and pcc receiving after 2 months when your apeal is allows my idea u will get on January
Best of luck

 

[jaycee4sweet]

Hi,

Can you tell me when did you win your appeal?

We also won our appeal in Nov 2016 but nothing after that
[/
I just see the members and mine after the apeal allowed remedical and pcc receiving after 2 months when your apeal is allows my idea u will get on January
Best of luck

Hi my appeal was on August 16 but I got decision on October 26 it says allowed but I didn't recieve anything after dat.

 

[flyfish]

Hi my appeal was on August 16 but I got decision on October 26 it says allowed but I didn't recieve anything after dat.

Wait 2 weeks more your 2 months will complete on 26 December.my apeal is allowed on 8 September we get letter on 9th November I don't now exect it's just idea lets see inshallah wil good
Best of luck