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ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

Double Rainbow

Hero Member
Oct 23, 2012
626
12
Category........
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Pre-Assessed..
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07/2012
AOR Received.
09/2012 for Stage 1 approval
File Transfer...
09/2012
Med's Request
03/ 2014
Med's Done....
01/2014
Interview........
Notice received via e-mail for 01/2013
Passport Req..
Notice received via e-mail for 01/2013
VISA ISSUED...
05/2014
LANDED..........
06/ /2014 :D
Hina 123 said:
Hello Guguz .. thank u for replying dear .im from pakistan n my hubby is from vancouver .i ve received my blue book a week ago . My lawyer was saying tht .IAD wil contact us after 3 to 4 months bcoz due to busy schedule .i dont know who said tht vancouver time is short :'( :'( :'( :'(
Sending huge positive vibes your way Hina XO ((((((Hugs)))))) ;)
 

Double Rainbow

Hero Member
Oct 23, 2012
626
12
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
07/2012
AOR Received.
09/2012 for Stage 1 approval
File Transfer...
09/2012
Med's Request
03/ 2014
Med's Done....
01/2014
Interview........
Notice received via e-mail for 01/2013
Passport Req..
Notice received via e-mail for 01/2013
VISA ISSUED...
05/2014
LANDED..........
06/ /2014 :D
Guguz said:
Thanks my dear. Do u have any idea how to get hold of IAD as I tried calling them But as usual answering machines and automated responses
Hey Guguz call (604) 666-5946 listen very carefully right through and wait to be transfered to the IAD reception2betransfered to a case management if you cannot get any answers from reception guy or girl. You can leave a message with case management with your appeal file number your name contact info if they don't answer your call at case management. Don't press any numbers just wait it out and viola reception answers :D It can be confusing of all of what they say Eglish and French ??? :eek: :-X ::)
 

Richardm

Newbie
Oct 21, 2013
7
2
Hi,

I need some advice and opinions on my case as I am very frustrated.

I am a Canadian citizen by birth

I met a Colombian national about 4 years ago and started a relationship

Currently my wife is 23 and I am 56 and she has a 5 year old child from a previous relationship

We had a civil marriage in Jan 2012 and then applied for a family type sponsorship visa in Feb 2012A

Went for medical and it was OK for her and her kid, we filled all the immigration application forms carefully and detailed everything.

I did not retain an immigration lawyer as I thought it was all straight forward or so I thought!!!

We waited 1 year for my wife to go to an interview to the embassy; she went alone as I was working in Canada while we waited for the visa.

She was interviewed by the ambassador and drilled on every aspect of our relationship and knowledge of my family etc. Answered 95% of questions correctly

She failed to accurately answer 3 questions: name of one of my half-brothers whom I don’t have contact with, my full address in Canada and my current employer, I do contract work so she knew the name and all details of who I was doing contract work for, but not the name of the contracting company.

She was treated poorly in the interview by the ambassador and she was hurried to finish the interview as the embassy was closing, from the treatment she got and the attitude, she knew she was going to be refused.

About a month later she got refusal letter in Colombia and I got one in Canada

The letter stated this in brief:

The marriage is not genuine

It also said this:

Your husband is 35 years older than you. This is his 3rd marriage; His second marriage in 2008 only lasted a few months, the documents and information provided to demonstrate the strength of the relationship before your marriage is very limited. You do not know a number of important elements concerning your husband such as the name of his current employer, his current residential address, the name of one of his brothers, etc.

I am therefore satisfied that this is a not a genuine marriage.

As a result, for purpose of the regulations, you are not considered to be a member of the family class.


Questions:

Since when is it not permitted to marry anyone in Canada as long as they are of legal age?

Is there a law in Canada that says you can only marry so many times (my first marriage lasted 15 years, second one was a mistake and realized it quickly and ended it fast?

Why did the ambassador interview her, why was she treated poorly (she thinks it was because she was young of poor origins and that she is dark skinned)

If they want more proof of the strength of the relationship why don’t they ask for it in a list of requirements or would be good to have and to submit with the application

As for the strength of the relationship, we have lived together 3-4 months after we met, (going into 4 years) both of our families are aware of it, we provided all information asked by immigration in the applications (in detail) including numerous photographs, proof of shared visa card, financial support, phone call records.

All of our contact was living together and the short periods that I was away in business or in Canada we communicated via Skype, Email, Chat, calling cards, etc.

Since the refusal I have retained a reputable Canadian immigration lawyer (Patricia Wells, Toronto) and started an appeal with the immigrations appeal board and I am waiting since February 2013

Was told I would possibly get an appeal on Nov-Dec 2013 still waiting...

I have gathered a few items for the appeal,

Personal letters one written by me and another by my wife stating our backgrounds and story of our relationship.
About 6 notarized affidavits from neighbors/friends, Colombian and non-Colombian saying the they know we are a couple and we have lived together for more than 3 years, 1 of them from her family saying they are aware and approve of the relationship, and another from my kids and ex-wife (1st marriage) in Canada, saying they approve of the marriage and they know we are a couple and that my kids and everyone involved would benefit from me being back in Canada with my new wife.

I am also in the process of legally adopting my stepson here in Colombia, any implications there???

The bottom line is that I am now in Colombia as I came back to Colombia to support my wife after the refusal financially and emotionally, as she went into a bad depression after the refusal and got dangerously thin and we do not like being apart.

Currently I am living of my savings in Colombia until this is resolved and I can go back to Canada with her, we are both frustrated as both of our lives are in hold (already wasted almost 2 years waiting for this visa) as we do not want to start a business or venture here in Colombia or start new roots here as we would have to leave everything behind when she gets a visa and we go to Canada.

I thank you for reading this as I know it’s a long story and I need some opinions and advice and what else can I do to my case with the appeals board more favorable.

Thanks

Richard
 

Lenchik

Star Member
Dec 6, 2012
92
2
Category........
Visa Office......
vienna
Job Offer........
Pre-Assessed..
App. Filed.......
16-11-2012
AOR Received.
19-12-2012
File Transfer...
27-11-2012
Med's Done....
15-12-2012
Interview........
19-02-2013 refused. blue book - July 2013. ADR - May,2014
Hi Richard,
Sorry to hear your story. Tell your wife she is not the only one being treated this way on the interview.
My husband was also treated like shit (excuse my language), moreover counsul's interview notes weren't same what my husband had sad, but she decided to interpret it in the way that made him look bad. We were living together for over year (we decided to live together during the process ) but now have to stay in Canada as we expecting baby in a couple or three weeks. Still he was refused, also in February. We had filed an appeal in March but up until now nothing.
In my opinion the only reason your wife was refused is because of age difference. I guess at this time I can only recommend be patient and wait, as nothing else can be done. Continue collect all the evidence of the relationship as you will need it on ADR/full hearing. Very frastrating situation and such a waste of time. Best of luck to you both!
 
M

mikeymyke

Guest
I agree that sometimes age difference shouldn't be a big concern to the VOs, but come on, 35 years difference is pretty extreme. I don't see how you could've thought your case was pretty "straight forward". You also have to understand, maybe your wife won't understand because she is fairly young, but if a genuine couple really loves each other, they would be willing to live in either the sponsor's country, or the applicant's country. I understand the quality of living in Canada is better, but you have to prepare for the possibility that she will be refused, and not just revolve all your future plans around coming to Canada (if a couple only thinks about their future in Canada only, that's a big red flag to the CIC).

And I think you should be a little concerned, if she's so depressed and sad and became dangerously thin, about not being able to come to Canada, because she's supposed to marry you for love right? Marrying you for love, it would not matter where you end up living, Colombia, or otherwise, as long as you "have each other".

Sorry if I come off as a little harsh, but you can't just ask, "Since when is it illegal to marry someone of legal age?" and "Is there a law against marrying so many times?" If this was canadian to canadian marriage, of course you can even have a 100 year old marry a 18 year old, and the governemnt wont care. But the fact is your wife is not a Canadian, so the governemnt has every right to evaluate the genuineness of your marriage. As a foreign national, she is not entitled to anything here in Canada, if she wants to arrive here, she has to demonstrate she is not coming here primarily to enter Canada. And when I hear you tell me, she's getting thin, depressed about being refused, I'm just shaking my head, because she should've just said, "Ok honey, well let's try to appeal and see what happens, if not whatever, it's ok, we still have each other, we'll make things work here." I mean you guys come on, if you really were a genuine couple, you should be able and willing to live in her country. If you could look into a crystal ball, and see that she will be refused forever, would you have chosen to marry her? If no, then that means you don't really truly love her with all your heart and vice versa for her, if she could look into a crystal ball and see she cannot come canada, would she marry you? If she really did love you, she wouldn't be crying over this refusal at all becuase she still has her husband!

I think you should seriously have a talk with your wife, and discuss what your plans would be if she was refused after the appeal (this is what EVERY couple should be doing, by the way) If she cannot accept a future without being in Canada, then you should reassess your future with her.
 

freeislam000

Hero Member
Aug 14, 2012
343
15
Category........
Visa Office......
Ottawa pilot
Job Offer........
Pre-Assessed..
App. Filed.......
10-04-2012
File Transfer...
11-07-2012
Med's Done....
28-12-2011---results received july 11th/2012
Interview........
12-05-2013 ( Reject ) another chance on 8/10/2013
Passport Req..
29/10/2013
VISA ISSUED...
18/11/2013
LANDED..........
28/11/2013
mikeymyke said:
I agree that sometimes age difference shouldn't be a big concern to the VOs, but come on, 35 years difference is pretty extreme. I don't see how you could've thought your case was pretty "straight forward". You also have to understand, maybe your wife won't understand because she is fairly young, but if a genuine couple really loves each other, they would be willing to live in either the sponsor's country, or the applicant's country. I understand the quality of living in Canada is better, but you have to prepare for the possibility that she will be refused, and not just revolve all your future plans around coming to Canada (if a couple only thinks about their future in Canada only, that's a big red flag to the CIC).

And I think you should be a little concerned, if she's so depressed and sad and became dangerously thin, about not being able to come to Canada, because she's supposed to marry you for love right? Marrying you for love, it would not matter where you end up living, Colombia, or otherwise, as long as you "have each other".

Sorry if I come off as a little harsh, but you can't just ask, "Since when is it illegal to marry someone of legal age?" and "Is there a law against marrying so many times?" If this was canadian to canadian marriage, of course you can even have a 100 year old marry a 18 year old, and the governemnt wont care. But the fact is your wife is not a Canadian, so the governemnt has every right to evaluate the genuineness of your marriage. As a foreign national, she is not entitled to anything here in Canada, if she wants to arrive here, she has to demonstrate she is not coming here primarily to enter Canada. And when I hear you tell me, she's getting thin, depressed about being refused, I'm just shaking my head, because she should've just said, "Ok honey, well let's try to appeal and see what happens, if not whatever, it's ok, we still have each other, we'll make things work here." I mean you guys come on, if you really were a genuine couple, you should be able and willing to live in her country. If you could look into a crystal ball, and see that she will be refused forever, would you have chosen to marry her? If no, then that means you don't really truly love her with all your heart and vice versa for her, if she could look into a crystal ball and see she cannot come canada, would she marry you? If she really did love you, she wouldn't be crying over this refusal at all becuase she still has her husband!
I disagree.... having been rejected the first time I can completely understand his wife being depressed. I am Canadian and my husband Egyptian... we were rejected.....I was devastated.. DEVASTATED.... yes sure I could move to Egypt.. and yes sure we could appeal... the point is, if you are anything like me....... then plans for future have been made and hopes and dreams built........and having to post pone everything with such uncertainty is mortifying!!! I was in his wife's place... extremely depressed...contemplating a move across the world....those options still don't make the initial kick in the face ok.
Sorry Richard for what you and your wife are facing....
 
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mikeymyke

Guest
freeislam000 said:
I disagree.... having been rejected the first time I can completely understand his wife being depressed. I am Canadian and my husband Egyptian... we were rejected.....I was devastated.. DEVASTATED.... yes sure I could move to Egypt.. and yes sure we could appeal... the point is, if you are anything like me....... then plans for future have been made and hopes and dreams built........and having to post pone everything with such uncertainty is mortifying!!! I was in his wife's place... extremely depressed...contemplating a move across the world....those options still don't make the initial kick in the face ok.
Sorry Richard for what you and your wife are facing....
Yes but you guys should've made plans for a future in egypt as well, you can't just put all your hopes and dreams into Canada only, which I can see why is causing a lot of grief for you guys. What if, for example, he had an incurable infectious disease and thus forever inadmissible to Canada due to medical reasons? You of course still love him right and will not leave him ever. But now you have to live in Egypt, and it will be no problem, because you can just go through with your alternative plans for living in Egypt. What if for example, your husband got run over by a bus, becoming forever paralyzed, and thus unable to work, therefore, he's inadmissible because he will not be able to provide for himself without going on social assistance? You still love him, so you need to live with him in Egypt now, and make alternative plans. Are you also aware that if a couple does not make plans for living in the applicant's country, but instead, puts all their focus on living in Canada, you know that's a red flag to CIC right?

I know 99% of people have dreams in Canada, have big plans, and living here is likely way better than living anywhere else. But it would be utterly foolish to not think about "Plan B", and all spouses need to discuss alternative plans, for god's sake, not just talk about canada, canada, canada, all the time.
 

freeislam000

Hero Member
Aug 14, 2012
343
15
Category........
Visa Office......
Ottawa pilot
Job Offer........
Pre-Assessed..
App. Filed.......
10-04-2012
File Transfer...
11-07-2012
Med's Done....
28-12-2011---results received july 11th/2012
Interview........
12-05-2013 ( Reject ) another chance on 8/10/2013
Passport Req..
29/10/2013
VISA ISSUED...
18/11/2013
LANDED..........
28/11/2013
mikeymyke said:
Yes but you guys should've made plans for a future in egypt as well, you can't just put all your hopes and dreams into Canada only, which I can see why is causing a lot of grief for you guys. What if, for example, he had an incurable infectious disease and thus forever inadmissible to Canada due to medical reasons? You of course still love him right and will not leave him ever. But now you have to live in Egypt, and it will be no problem, because you can just go through with your alternative plans for living in Egypt. What if for example, your husband got run over by a bus, becoming forever paralyzed, and thus unable to work, therefore, he's inadmissible because he will not be able to provide for himself without going on social assistance? You still love him, so you need to live with him in Egypt now, and make alternative plans. Are you also aware that if a couple does not make plans for living in the applicant's country, but instead, puts all their focus on living in Canada, you know that's a red flag to CIC right?

I know 99% of people have dreams in Canada, have big plans, and living here is likely way better than living anywhere else. But it would be utterly foolish to not think about "Plan B", and all spouses need to discuss alternative plans, for god's sake, not just talk about canada, canada, canada, all the time.
Actually we did have a "Plan B" and I had already been sending my Resume over seas ..... the point is that Canada is my home and where I want to stay........ so again....still devastating.

Also.... Contrary to what you are saying....... My consultant that was a VO for 35 years advised against moving to Egypt as CIC wants to be certain without a doubt that you are committed to Canada....
 
M

mikeymyke

Guest
freeislam000 said:
Actually we did have a "Plan B" and I had already been sending my Resume over seas ..... the point is that Canada is my home and where I want to stay........ so again....still devastating.

Also.... Contrary to what you are saying....... My consultant that was a VO for 35 years advised against moving to Egypt as CIC wants to be certain without a doubt that you are committed to Canada....
That's true, both sides have to show they plan on living in Canada after obtaining PR, however, CIC does NOT like it, if couples do not discuss future plans should the PR application fail. I've read Canlii.org cases many times where the VO red flags applications where the couples only talk about their plans in Canada.

Canada is my home as well, freeislam, and just like you, I love my country and dream of never having to live anywhere else. However, I, and I assume you as well, love my spouse more than anything, and I would never leave her alone. Even in the odd chance her PR is refused, I wouldn't hesitate to go live in Vietnam with her. Can you imagine how disappointed she would be if I told her, I love my home country so much, that I wouldn't want to live anywhere else no matter what?
 

Guguz

Star Member
Aug 14, 2013
89
0
India
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
29 June 2012
Interview........
Feb 11, 2013 (Refused)
VISA ISSUED...
God Knows
Double Rainbow said:
Hey Guguz call (604) 666-5946 listen very carefully right through and wait to be transfered to the IAD reception2betransfered to a case management if you cannot get any answers from reception guy or girl. You can leave a message with case management with your appeal file number your name contact info if they don't answer your call at case management. Don't press any numbers just wait it out and viola reception answers :D It can be confusing of all of what they say Eglish and French ??? :eek: :-X ::)
Thanks darling, But i tried. No use. Any update from ur end. U are one month ahead of me. So good news at ur end will be a hope for me. My hubbie is so depressed. I am so much worried for him. And these morons dont have any idea what we all are going through. This separation period is killing us.
 

freeislam000

Hero Member
Aug 14, 2012
343
15
Category........
Visa Office......
Ottawa pilot
Job Offer........
Pre-Assessed..
App. Filed.......
10-04-2012
File Transfer...
11-07-2012
Med's Done....
28-12-2011---results received july 11th/2012
Interview........
12-05-2013 ( Reject ) another chance on 8/10/2013
Passport Req..
29/10/2013
VISA ISSUED...
18/11/2013
LANDED..........
28/11/2013
mikeymyke said:
That's true, both sides have to show they plan on living in Canada after obtaining PR, however, CIC does NOT like it, if couples do not discuss future plans should the PR application fail. I've read Canlii.org cases many times where the VO red flags applications where the couples only talk about their plans in Canada.

Canada is my home as well, freeislam, and just like you, I love my country and dream of never having to live anywhere else. However, I, and I assume you as well, love my spouse more than anything, and I would never leave her alone. Even in the odd chance her PR is refused, I wouldn't hesitate to go live in Vietnam with her. Can you imagine how disappointed she would be if I told her, I love my home country so much, that I wouldn't want to live anywhere else no matter what?
I get what you are saying, but Richard clearly stated that he is living with her till this is finished......
 

nervousme

Star Member
Jul 30, 2013
94
4
Canada- Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2012
Med's Done....
26-02-2013, Re-done Sept 2014
Interview........
Decision made Mar 09, 2015
HELP!!! ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

Hello I was hoping someone could shed some light on my case.
We received a refusal letter on the 29th of September, due to the fact that the representative that we were using did not submit some documentation after we had signed it not once but twice. We did remove her as our representative before we got the refusal letter but had no idea that this document was outstanding. anyhow I have lots of proof to back our end except the receipt that she indeed did send the document. I and just sent an appeal to Vegreville today. and am wondering what will happen next and how long it will take to hear anything back. The reason for refusal was not due to legitimate relationship so I am wondering if we have any chances. I am furious with the Immigration Consultant and cant even begin to describe the nerves I feel. Any help form anyone please!!!
Thank you all so much in advance. this forum really is helpful. This is the first post I am posting and I dont even know if I am doing this correctly.
 

scylla

VIP Member
Jun 8, 2010
93,641
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Toronto
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Buffalo
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Pre-Assessed..
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28-05-2010
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19-08-2010
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28-06-2010
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01-10-2010
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05-10-2010
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05-10-2010
Re: HELP!!! ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

nervousme said:
Hello I was hoping someone could shed some light on my case.
We received a refusal letter on the 29th of September, due to the fact that the representative that we were using did not submit some documentation after we had signed it not once but twice. We did remove her as our representative before we got the refusal letter but had no idea that this document was outstanding.
I don't know if an appeal will work in your case since it sounds like some required documents were not sent to CIC. Unfortunately it doesn't matter if you made this mistake or if the representative failed to do her job - if a required document was not provided, this is a legitimate reason for a refusal. Appeals work in cases where an applicant was incorrectly refused. If you go by the rules, you were correctly refused (even though this was your representative's fault). It make be far better for you to reapply rather than appealing. Hopefully others here will comment.