Spousal interview with VO refused

[wjmund]

I married Chinese lady. Went to Hong Kong for interview. VO said we only see each other 3 days and get married. He doesn't believe it is love marriage. Got a Lawyer in Vancouver, We were refused Jan15,2014. What is our best plan to try and win appeal?

 

[MofC2014]

if it is true you married on first meeting and only after 3 days you have a lot of proving to do which I am sure the lawyer would have told you already. You may want to read some appeal cases to see what you may need to do to prove it is a real relationship.

https://www.canlii.org/en/ca/irb/

 

[Rob_TO]

I married Chinese lady. Went to Hong Kong for interview. VO said we only see each other 3 days and get married. He doesn't believe it is love marriage. Got a Lawyer in Vancouver, We were refused Jan15,2014. What is our best plan to try and win appeal?

So what kind of proof did you include? Did you have a long online relationship or something before meeting and getting married? Getting married that quickly is a huge red flag and I'm not surprised your case was refused.

Instead of a long and expensive appeal, I would just drop the application, live together with your new wife for a year while gathering lots more evidence of a real marriage, then try applying again.

 

[wjmund]

Thanks. We emailed for 2 months, lots of email. Then i went and we married. Have wedding pictures. Her family and us have a cerimony. Honey mooned for 3 weeks with her. I came home, 6 weeks later i went back to visit her for 1 month. Then we both went to interview in HK. I don't think i can live in China for a year?

 

[Rob_TO]

Thanks. We emailed for 2 months, lots of email. Then i went and we married. Have wedding pictures. Her family and us have a cerimony. Honey mooned for 3 weeks with her. I came home, 6 weeks later i went back to visit her for 1 month. Then we both went to interview in HK. I don't think i can live in China for a year?

2 months online and then getting married? Sorry but IMO you have zero chance for a successful approval. If i was the VO, I most likely would have refused that case as well. It is simply too short to be a real legitimate marriage, and too high a chance it was a fraudulent marriage of convenience just for immigration purposes (not saying this is true, but it's how an outsider looking at the application will almost definitely see it).

Typically the general rule is to have a relationship for around 1 year, then get married and submit PR app. Even if you have a long distance relationship with frequent visits for the next year and then re-apply, it would help strengthen the case.

 

[mikeymyke]

You should live with her for a year before deciding to marry, or at least communicate for a year before marrying. How are you supposed to know someone truly loves you and wants a future with you in only a few months, and getting married after a few days?

Either you and your wife are getting married so she can come Canada, or she's marrying you to come Canada, and you're totally naive and don't believe it. Keep in mind Hong Kong has high incidents of marriage fraud, I honestly dont know why considering Hong Kong is a very affluent state with one of the strongest capitalist markets in the world, she could have a very high standard of living in HK, why try to come Canada fraudulently?

 

[wjmund]

This lady lives in China. We had to go HK for interview. She is a retired nurse, and gets a pension, and has a health care card. She only wants to come to Canada to be with me. She values having a husband, and that is nearly impossible in china. She is nearly 60 years of age, and i can support her.

 

[mikeymyke]

This lady lives in China. We had to go HK for interview. She is a retired nurse, and gets a pension, and has a health care card. She only wants to come to Canada to be with me. She values having a husband, and that is nearly impossible in china. She is nearly 60 years of age, and i can support her.

Then you should ask her you want to live in China so she wont be alone, and see what she says. Legitimate spouses should be willing to live in Canada or the applicant's home country if the application fails. If your wife doesnt like this then u will know she is using you to come here

 

[canadianwoman]

The marriage was definitely too soon after meeting for the first time in real life, and too soon after the internet relationship started.
I would not appeal either, as I doubt you would win.
If you could go to China for a year or so to live with her, this might work. After living together for a year or so, submit a new application. Gather lots of evidence that you two are living together - anything you can think of.
If you cannot go live in China for 6 months or a year, tell us why - your job? Money problems? Impossibility of getting a Chinese visa?

 

[wjmund]

Thank you all and Canadianwoman. You are probably correct in that appeal will fail. I have a multi - entry chinese visa. It is good from Oct 2013 to Oct 2014. Only good for 30 days at a time. I guess i would have to leave China for a day, and then go back in. Do you know if i can get like a 6 month visitor visa?
I have a home in Canada paid for, i could rent it out. I like china in summer, but they have no heat in there houses, and i freeze in the winter. We can live in China very cheaply. Please give me further feedback.
I was going to engage a Lawyer, but haven't paid the retainer as yet. I am so confused and worried, they have taken my happiness away.

 

[steerpike]

People who are saying you need to live together for 1 year before getting maried are taking an extremely conservative viewpoint. In BC you are legally commonlaw and legally resposible for the other persons debts after only 6 months. BC essentiallys forces you into a marriage-like relationship after only 6 months of living together. So its really bizarre that people would be speaking here about 12 months as being a minimum.

3 months is probably closer to the real minimum. Less than 3 months and you probably arent ready to get married and should consider why you are rushing things. But 12 months, is way too long. By then, the state has already decided the matter for you! As far as the state is concerned you are married (commonlaw) whether you like it or not, love her or not, want to be married or not. It is actually a crime to not consider yourself married (commonlaw) after 12 months, and you have to BY LAW start declaring yourself as such on your tax forms.

 

[6519lilac]

Thank you all and Canadianwoman. You are probably correct in that appeal will fail. I have a multi - entry chinese visa. It is good from Oct 2013 to Oct 2014. Only good for 30 days at a time. I guess i would have to leave China for a day, and then go back in. Do you know if i can get like a 6 month visitor visa?
I have a home in Canada paid for, i could rent it out. I like china in summer, but they have no heat in there houses, and i freeze in the winter. We can live in China very cheaply. Please give me further feedback.
I was going to engage a Lawyer, but haven't paid the retainer as yet. I am so confused and worried, they have taken my happiness away.

Maybe you can apply visa extension while you in china . I had visitor visa extended to six month while accompany my husband working visa back 2009 in China . I agree with you on cold winter at south part of china where no heat or even with air condition heat . Still bone chill cold !

 

[wjmund]

I will contact China Visa, try to get a 6 month term. I think i have to do this from Canada, not inside China. If i live with X G, my wife, what all should i document? Photo's, emails to family, gifts, rent in china? Usually cheaper rents are cash only. Anything else important? And when i reapply in a year or so, should i use an immigration Lawyer? You all have been helpful..

 

[Avadava]

This lady lives in China. We had to go HK for interview. She is a retired nurse, and gets a pension, and has a health care card. She only wants to come to Canada to be with me. She values having a husband, and that is nearly impossible in china. She is nearly 60 years of age, and i can support her.

I would have refused you too if I were the VO. I'm sorry if I'm offending you, but referring to your wife whom you claim to love as This lady makes me think this is a marriage of convenience.

 

[toby]

Since you are married to a Chinese woman, you can get a China visa good for a year with NO requirement to exit China during the visa period. You need to get a certificate showing no crimes from the local Police Department, have your marriage books in hand, then go to the visa office. Cost is about 600 RMB.

As far as proving the marriage is legitimate, living together is probably the best and perhaps the only proof, given that you married so quickly.

Ignore the lectures about whether your wife is honestly in love with you or not -- no one can really know that except her. But the VO must be conservative and consider the possibility. So, forget an appeal at this stage; it would probably fail. Use the money you'd pay a lawyer to spend time with her -- either lots of time living together in China or several visits to see her (for maybe a month or two at a time, if possible) . Then try your application again.

How much time to spend together before re-applying? The longer the better. Ask a few immigration lawyers. I suspect that three months is not long enough -- despite the laws about common-law relationships in B.C. They don't apply; you are dealing with CIC and arbitrary VOs who can decide what they want, with apparently little accountability. So the longer the better.

One proof of a relationship would be certified letters from neighbours saying that you have spent X amount of time together. Let the letters be specific about how much time together. If getting the letters notarized is too much effort (it can be a real trial in China, I know), then at least have the neighbours provide contact information, and invite CIC to contact them for verification. Letters from family members would have less credibility than letters from objective neighbours.

Good luck, and welcome to the world of international rules and regulations! :-(