Please Help!!!

[lijunyu]

Hi everyone,

My situation is kind of complicated, but here it goes.

Timeline

-2012 I applied for spousal sponsorship for my wife who is a Chinese national(southern China).

-2013 We were asked to have an interview at the Canadian consulate in Hong Kong(rejected, main reason marriage not genuine)

-2015 Appealed to the immigration board(reject, marriage not genuine)

-2016 Federal court appealed( Agrees with the board, Dismissed)

I've spent the 4 years battling this, I've flown back and forth between
Canada and China to spend time with my wife thus never had stable job in
Canada(usually works for 6-8months per year).They believe my wife main reason to immigrate to Canada is to able to sponsor her family in the future and I don't blame them. The city where she's from has a bad reputation across USA and Canada for fraudulent marriages and entering strictly for immigration purposes. There is no way in hell we are sponsoring her family(We don't get along), I wish there was some kind of waiver or form that we can sign to waive all rights for future sponsorship.

July 2016 my mom passed after a year battle with cancer, I moved to
China as there was nothing for me in Canada anymore. The last thing she wanted was for me and wife to be united in Canada. I don't think I have to explain what emotions I went through during that time as many of you probably understands.

Now June 2017, my wife is 12 weeks pregnant with our first child.
I know that my child will be able to enter Canada no problem as I'm
Canadian but that still leaves my wife, who I will absolutely not
separate her from her own baby, at the same time I want my child to be
in Canada. We are not poor, we live a pretty good lifestyle here but the
overall quality(schools hospitals food regulations pollution civil
rights) is nothing compared to Canada. I just want the best for my future kid.

I want to re-apply but don't know when and where to begin.
I'm looking for someone who truly understands my situation and has
experience in similar cases, that can guarantee my wife's success, I
don't care if I have to pay more, but I need guarantee success.

Does anyone have any suggestions?
Is it even possible to be rejected now that we have a child?
Should I move back to Canada and sponsor from there or just stay in china ?
Also, will taxes impact my situation ?

How should I plan this out to maximize success potential?

 

[Ealaz]

I'm so sorry for all your troubles, I would hire a immagration lawyer if I was you. I wish I had more info for you. Good luck and I hope everything works out

 

[canuck_in_uk]

I want to re-apply but don't know when and where to begin. I'm looking for someone who truly understands my situation and has experience in similar cases, that can guarantee my wife's success, I don't care if I have to pay more, but I need guarantee success.

Does anyone have any suggestions?
Is it even possible to be rejected now that we have a child?
Should I move back to Canada and sponsor from there or just stay in china ?
Also, will taxes impact my situation ?

Hi

You need to begin at the same place as before: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp. No one can ever guarantee success.

You need to include strong proofs that you have been living with her in China. Generally, we always advise sponsors in this situation to go live abroad with their spouse, as such cohabitation is key to overcoming a previous determination of an MOC.

Yes, it is still possible to be rejected.

I suggest you stay in China and live with her during the process. It does add the extra step of needing to show proof that you are returning to reside in Canada but it also shows your commitment to your marriage.

Not sure what you mean, you need to be more specific.

 

[Janchor]

Hi everyone,

My situation is kind of complicated, but here it goes.

Timeline

-2012 I applied for spousal sponsorship for my wife who is a Chinese national(southern China).

-2013 We were asked to have an interview at the Canadian consulate in Hong Kong(rejected, main reason marriage not genuine)

-2015 Appealed to the immigration board(reject, marriage not genuine)

-2016 Federal court appealed( Agrees with the board, Dismissed)

I've spent the 4 years battling this, I've flown back and forth between
Canada and China to spend time with my wife thus never had stable job in
Canada(usually works for 6-8months per year).They believe my wife main reason to immigrate to Canada is to able to sponsor her family in the future and I don't blame them. The city where she's from has a bad reputation across USA and Canada for fraudulent marriages and entering strictly for immigration purposes. There is no way in hell we are sponsoring her family(We don't get along), I wish there was some kind of waiver or form that we can sign to waive all rights for future sponsorship.

July 2016 my mom passed after a year battle with cancer, I moved to
China as there was nothing for me in Canada anymore. The last thing she wanted was for me and wife to be united in Canada. I don't think I have to explain what emotions I went through during that time as many of you probably understands.

Now June 2017, my wife is 12 weeks pregnant with our first child.
I know that my child will be able to enter Canada no problem as I'm
Canadian but that still leaves my wife, who I will absolutely not
separate her from her own baby, at the same time I want my child to be
in Canada. We are not poor, we live a pretty good lifestyle here but the
overall quality(schools hospitals food regulations pollution civil
rights) is nothing compared to Canada. I just want the best for my future kid.

I want to re-apply but don't know when and where to begin.
I'm looking for someone who truly understands my situation and has
experience in similar cases, that can guarantee my wife's success, I
don't care if I have to pay more, but I need guarantee success.

Does anyone have any suggestions?
Is it even possible to be rejected now that we have a child?
Should I move back to Canada and sponsor from there or just stay in china ?
Also, will taxes impact my situation ?

How should I plan this out to maximize success potential?

Get a lawyer even if it is just a consultation, they know laws better than anyone else. Will help you understand your options and you can accordingly take a decision as to what you want to do.

 

[lijunyu]

Hi

You need to begin at the same place as before: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp. No one can ever guarantee success.

You need to include strong proofs that you have been living with her in China. Generally, we always advise sponsors in this situation to go live abroad with their spouse, as such cohabitation is key to overcoming a previous determination of an MOC.

Yes, it is still possible to be rejected.

I suggest you stay in China and live with her during the process. It does add the extra step of needing to show proof that you are returning to reside in Canada but it also shows your commitment to your marriage.

Not sure what you mean, you need to be more specific.

thank you so much for the advice, what should I be more specific about for u to assist me further,?thank you. so much. again

 

[Buletruck]

Completely agree with canuck_in_uk. You will need to keep records and documents of everything...leases, property titles, bank accounts, vacations together, air travel together, hotel bookings in both names, photographic evidence of events and gatherings. Anything you can get that shows ties to each other. It will be a ton of work.

 

[canuck_in_uk]

thank you so much for the advice, what should I be more specific about for u to assist me further,?thank you. so much. again

My answers are in line with your questions. You need to be more specific about your taxes question.

 

[lijunyu]

My answers are in line with your questions. You need to be more specific about your taxes question.

because i spend most of my time in.china, my income was really low(5k in 2016). I know there is no official income requirement for spousal sponsorship but is that really the case when officers look at applications.

 

[canuck_in_uk]

because i spend most of my time in.china, my income was really low(5k in 2016). I know there is no official income requirement for spousal sponsorship but is that really the case when officers look at applications.

There is no minimum income requirement. You need to show IRCC that you can support yourselves in Canada without welfare. You can show your income, her income, savings/investments, family assistance etc.

 

[lijunyu]

There is no minimum income requirement. You need to show IRCC that you can support yourselves in Canada without welfare. You can show your income, her income, savings/investments, family assistance etc.

Understood,I've. always supported myself and.her .dozens of westunion transactions when i was in canada. I have always been conservative with money , saving my income, thats why i'm still able to support my family even now without a job in china.

 

[wait_so_long]

No, there is no guarantee. Even if you have a child together. Marriages of Convenience, Adoptions of Convenience, Children of Convenience ... all goes back to what they believe is the intent of the applicant.

https://www.thestar.com/news/immigr...having-fake-marriage-despite-their-child.html

I can't help but think that there is more to your story. Something that would cause your application to be refused at both IAD hearing, and at Judicial review. The reason for refusal - is there some background behind that? For example, are your wife and/or her parents failed refugee claimants? Have they tried to come to Canada before, but refused? Subject of reomoval order? Overstayed their visit at one time? Practitioners of Falun Gong?

The sponsoring her family at a later time argument is pretty lame, IMO, as Canadian laws do allow that, and it's not automatic. You'd still have to qualify financially, you'd have to win the PGP lottery, and the parents would have to be in good health.

 

[Aayatakshidutta]

Hello guys,

HELP NEEDED!!!

Sept 12th applicant and AOR2 received on 3rd Nov.
We had our court marriage with a small family gathering followed by reception in July,16..There was no much rituals happened that time because we followed the basic rituals and in front of a temple with witness of priest and family but we did our traditional social marriage on feb this year.. whatever pictures we had submitted all along with the application. I think whatever pictures we provided were not enough to proof our marriage so I was asked to submit all the pictures of all traditional wedding rituals..I submitted all pics along with a cover letter explaining why it did not happened last year..After that I got a random telephonic interview on 17th apr and it was answered by my parents. In my understanding , they were more focussing on our traditional marriage on Feb. They were verifying about all the traditional Bengali rituals happened on feb 5th, about the venue and they were enquiring about past date on July what happened. was there any priest and was there any rituals happened on July or not.
In my gc key showing "additional documents provided have been uploaded successfully" but it's been almost 1.5 months bgc has not started yet..

Just the curiosity..If any1 has the same situation like me?

Sharing all your experiences/thoughts would be highly appreciated.

 

[wait_so_long]

Hello guys,

HELP NEEDED!!!

Sept 12th applicant and AOR2 received on 3rd Nov.
We had our court marriage with a small family gathering followed by reception in July,16..There was no much rituals happened that time because we followed the basic rituals and in front of a temple with witness of priest and family but we did our traditional social marriage on feb this year.. whatever pictures we had submitted all along with the application. I think whatever pictures we provided were not enough to proof our marriage so I was asked to submit all the pictures of all traditional wedding rituals..I submitted all pics along with a cover letter explaining why it did not happened last year..After that I got a random telephonic interview on 17th apr and it was answered by my parents. In my understanding , they were more focussing on our traditional marriage on Feb. They were verifying about all the traditional Bengali rituals happened on feb 5th, about the venue and they were enquiring about past date on July what happened. was there any priest and was there any rituals happened on July or not.
In my gc key showing "additional documents provided have been uploaded successfully" but it's been almost 1.5 months bgc has not started yet..

Just the curiosity..If any1 has the same situation like me?

Sharing all your experiences/thoughts would be highly appreciated.

You are still well withing the standard processing times, so it's too early to start worrying. I don't think the phone call on Apr 17 is an interview. Just requesting some clarification on what you had submitted, to put everything in the proper context. I am sure they are working on many files, so a wait of 1.5 months to go from one stage to the next is nothing. Plus the status is not always updated as it should be.

 

[lijunyu]

No, there is no guarantee. Even if you have a child together. Marriages of Convenience, Adoptions of Convenience, Children of Convenience ... all goes back to what they believe is the intent of the applicant.

https://www.thestar.com/news/immigr...having-fake-marriage-despite-their-child.html

I can't help but think that there is more to your story. Something that would cause your application to be refused at both IAD hearing, and at Judicial review. The reason for refusal - is there some background behind that? For example, are your wife and/or her parents failed refugee claimants? Have they tried to come to Canada before, but refused? Subject of reomoval order? Overstayed their visit at one time? Practitioners of Falun Gong?

The sponsoring her family at a later time argument is pretty lame, IMO, as Canadian laws do allow that, and it's not automatic. You'd still have to qualify financially, you'd have to win the PGP lottery, and the parents would have to be in good health.

we never thought or planned to sponsor her parents, and they never applied for any immigration. During my wife's 2013 interview she had dna test result of her parents proving her parents are her parents, and she mention. she wanted them to visit her inthe future. Which lead to the officer believe that she has planned to sponsor her. parents. At that time we were both. young. early 20s and was too naive, never thought how complicated immigration was and applied without consultation. I dont even want her parents and her dead weight brother to be anyehere around me. They are nothing but cancer in her life and they are holding her back. They said they nevre wanted to come to canada, but i know they want to, that why they went with my wife to get the dna test, little do they know not only that will not work but they destroyed our genuine marriage and put me in this f@#king miserable situation. I'd sponsor a criminal with containtous disease before I sponsor her leach family. I had a few dozen fights with my wife because of this but fighting wont solve anything. Now I just want my new child to be in canada with his/her mother.

 

[Aayatakshidutta]

You are still well withing the standard processing times, so it's too early to start worrying. I don't think the phone call on Apr 17 is an interview. Just requesting some clarification on what you had submitted, to put everything in the proper context. I am sure they are working on many files, so a wait of 1.5 months to go from one stage to the next is nothing. Plus the status is not always updated as it should be.

Hii..thank you for replying...is there any chance for rejection..what do u think??also i got some changes in my GC key..before it was " provided additional documents have been uploaded" nbut now it says " additional documents are being reviewed"..I Don't know whay they changed it? Also could you share ur timeline as well??