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ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

saniali

Hero Member
Jul 5, 2013
856
11
Category........
Visa Office......
NEW DELHI
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2013
File Transfer...
25-02-2013
Med's Done....
31-10-2012
Passport Req..
18-04-2013 (passport sent 24-05-2013)
VISA ISSUED...
waiting waiting and waiting
jaycee4sweet said:
It is 1-888-242-2100
My hubby them abt 3 days ago. They said they dnt have any update after appeal file usually transfer to new Delhi contact them.. we r planning to meet mp now.. I have loads of things to do but i cnt bcz of them
 

CanadianVincy

Star Member
Sep 24, 2015
58
10
Category........
FAM
Visa Office......
POS/Ottawa
App. Filed.......
15-June-2015
Doc's Request.
Re-do New App. 27-01-2017... Submitted 31-01-2017
AOR Received.
18-July-2015
File Transfer...
21-Aug-2015
Med's Request
Upfront
Med's Done....
22-Sept-2015/Redo 15-Feb-2017
Interview........
20-Jan-2016...Denied/Appeal 24-Nov-16...Allowed/Decision ltr Dec.21.16
Passport Req..
Background check 08-Feb-2017/DM on ECAS 02-June-2017/PPR 21-June-2017
VISA ISSUED...
July-20-2017/Received July-24-2017
LANDED..........
July-26-2017
Hey guys,

Ive been reading this forum for a while and just had a question. I had my appeal and won today (November 24) but I wanted to know how long would it take POS to reprocess the application? Is anyone on here dealing with Port of spain in Trinidad?
 
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Reactions: Alicee

Shery678

Star Member
Mar 18, 2015
67
1
Category........
Visa Office......
LVO
Job Offer........
Pre-Assessed..
App. Filed.......
25 April 2016
Doc's Request.
non
AOR Received.
13 May 2016
File Transfer...
15 June 2016
Med's Done....
Upfront
Hey

can anyone help me i got my GCM notes which states interview recommended to address BF concerns. other than than i have not seen anything else

does anyone knows what do they mean by BF Concerns

Second is their a difference between interview recommend and interview required

I am a canadian husband sponsoring my wife from pakistan . my wife is 2 years elder than me and also it is her 2nd marriage .
 

wait_so_long

Hero Member
Jul 31, 2016
371
62
Abe1004 said:
Dear wait_so_long.

Thank you for your response.

The visa officer in her refusal letter stated that coming from different backgrounds and given the fact that we maried three days prior to my leave (exclusion order of 1 year) she felt the marriage was entered for purpose of migration to Canada

True that I was ordered to leave, because I overstayed my visa, however big part of that I overstayed was my wife. I fell in love with her and for over 6 years now (we started dating in 2010) i am still certain I love her.
Unfortunately, VO disregarded the fact, that even though I did overstay and married my wife three days prior to the leave, we actually lived together and shared everything for 2 years before the whole thing!!!

And never in two years period did I attempt to "sham my way" into country by marrying her, because I genuinely loved her.

Actually one of the reasons I stayed behind was because she was on temporary disability due to her knee (she tore her meniscus) and for 9 and a half month they couldnt process the temporary disability claim. I never said this to VO but I had to work, even if illegally to support her until her claim came in.

Of course if the marriage was entered primarily for the sake of PR i could have probably found a woman my age instead of opting for someone who is 24 years older. and of course instead of sitting around for several years not doing anything but taking care of her I would have probably asked for the marriage right after the one year mark which is acceptable my migration.

I made my case sound with VO and as you can see I possess perfect english and french (without accent). I made the case that her whole family knew about me and accepted me as their own.

Also the case of different religious and ethnic backgrounds is total bullshit. I am roman catholic and so is she. I spent 7 years in Canada ever since I am 17 and my mentality formed in Canada, in away I feel myself Canadian and still suffer a lot from being here apart from my wife and everything I am used to. Yes this is truely tragic because I feel like we had a strong case.

My wife is also government worker she works for lotteries and earns decent money, however, we had alot of things pile up ever since I left and we never really had opportunity to meet up somewhere. I also tried my best to send half of my measly 400$ salary to her every month becasue I felt like I can get by since I currently live with my parents while she still has to pay for our place (which we have been leasing for over 6 years now!!!) (even landlord gave a written notarized affadavit that he knows me and we have been together with my wife for a very long time).

Now she is on temporary disability again, because her knew screwed up again so like I said, travel was not an option for her. I want to note that when we started dating she had no issues with her knees of any kind, so its not like I took advantage of that. I genuinly love her.

Regarding the affadavits, pardon me for being vague, but thats exactly what we did, we have 20 written, notarized affadavits where public notary checked the signature of those who signed.

We have a lot of people rooting for us and I realy hope this works out. Even though I am a bit sceptic since I feel like the government rarely changes the wrong decisions they make.

Unfortunately living anywhere besides Canada is not an option since she clearly values her freedom of religion, freedom of speech, universal healthcare and I wont be able to provide all these here (Azerbaijan). I wont even be simply able to support her finanicially by renting a place or buying necessities such as groceries etc.

Our consultant said that right after New Years she will start skyping me and interviewing her to bring our story up to par. But obviously there is really no story to make up. We have all the genuine facts and I know everything about her. All her favourites starting with music, food, color etc. We know each other so well that sometimes one of us thinks of something and other one says it.

I will pass medical and criminal with flying colors. Not sure how will I be able to obtain another check for RCMP (submitted one initially since lived in Canada for period over 2 years since I am 18). When i was about to leave I submitted my finger prints to RCMP and obviously I am clean here and in Canada. I never was involved with any crime. Consultant said that her temporary disability will not be an issue either.

Also we are booked for full hearing, my wife and our family as well as friends will attend and witness, those who can't will be present in a shape of notarized affadavits.

So its really sad we are in this situation, but like I said I hope the wrong will be done right.

Thank you for your input and I hope you can give me more feedback as to what you think my case looks like.

Also I kindly ask you to forgive me for spelling and punctuation mistakes, I was typing through the cell phone.
Wow. I'm seriously impressed. Something like that would have taken me weeks to type up on my phone, and it'd still be full of auto-corrected errors.

Anyways, i think you're well prepared towards proving that you have a genuine marriage, despite CIC's antiquated notions of what a genuine marriage actually is. Where you may need to focus your efforts is proving that the marriage wasn't "entered into primarily for the purpose of acquiring any status or privilege under the Act". Under that provision, " a foreign national shall not be considered a spouse", even if the marriage is otherwise genuine.

Unfortunately, a lot of the circumstances that you use to prove that your relationship is genuine can also be twisted to work against you in this respect, sort of a double-edged sword. There's the obvious, like getting married on the last days before your departure, and overextending your stay. You'll need to think about how statements like the following would sound like to an objective third party: "I spent 7 years in Canada ever since I am 17 and my mentality formed in Canada, in away I feel myself Canadian". Although your fluency in English or French can be used to show that there are no language barriers, it can also be used to show that you were preparing yourself to be a Canadian well before you entered into marriage. Same thing with being Roman-Catholic. Is that common in your country? Were you raised as a Roman-Catholic, or did you convert?

Anyways, I was hoping that the Immigration Minister would strike the "purpose of acquiring" provision of the Act if the marriage was proven to be genuine, but unfortunately he didn't say anything about that in his latest round of announcements. In previous statements to the media, he had indicated that he was sympathetic to people who wanted to come to Canada to make a better life for themselves, or for their children. In fact, Canada was built on people who migrated over specifically for that purpose.

You need to stick to the truth, but there are aspects of your relationship, and your background, that you'd want to accentuate, and others that you may not want to draw too much attention to. If it's too obvious, that's exactly what they'll focus on, so it's a delicate balance. Hopefully your consultant has a lot of experience with such cases, and has a successful strategy in mind. Your consultant shouldn't be shy about touching on difficult or embarrassing topics. it's better than being caught unprepared.

If you already have a hearing date, then your counsel might be able to find out who will be the minister's counsel in your hearing. It'd be very helpful if your counsel has had previous dealings with the particular minister's counsel, and is aware of his or her biases, favoured lines of questioning, etc.

"I feel like the government rarely changes the wrong decisions they make" - this may be true, but IAD is a completely different department, and the Visa Officer is removed from the appeal process, other than providing the appeal record (i.e. blue book). You need to only look back to the previous few pages of this forum to see that many people have been successful in their appeals, so don't let this undermine your confidence.

Blessings to both you and your wife, and hopes that you will have a bright future together!
 

jaycee4sweet

Star Member
Jul 21, 2013
196
8
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
27-05-2013
AOR Received.
18-06-2013
File Transfer...
22-06-2013
Med's Done....
March10th,2013
Interview........
June4th,2014
Passport Req..
02-07-2013
VISA ISSUED...
W8ng
LANDED..........
Had Hearing 08/16/2016 waiting for the decision/ appeal allowed Nov 1st 2016
Shery678 said:
Hey

can anyone help me i got my GCM notes which states interview recommended to address BF concerns. other than than i have not seen anything else

does anyone knows what do they mean by BF Concerns

Second is their a difference between interview recommend and interview required

I am a canadian husband sponsoring my wife from pakistan . my wife is 2 years elder than me and also it is her 2nd marriage .
BF is bona fide. The VO has issues on how genuine your relationship is. The VO probably thinks that you and your spouse are in a relationship for the purpose of her getting a visa and to get permanent status in Canada.
 

Aditya k

Newbie
Nov 25, 2016
2
0
I got a mail stating that your final determination interview has bden scheduled........ And then i get a rprf refund mail. I am worried can you please help me. This is for inside Canada spousal application.
Thanks.
 

Shery678

Star Member
Mar 18, 2015
67
1
Category........
Visa Office......
LVO
Job Offer........
Pre-Assessed..
App. Filed.......
25 April 2016
Doc's Request.
non
AOR Received.
13 May 2016
File Transfer...
15 June 2016
Med's Done....
Upfront
jaycee4sweet said:
BF is bona fide. The VO has issues on how genuine your relationship is. The VO probably thinks that you and your spouse are in a relationship for the purpose of her getting a visa and to get permanent status in Canada.
So can i provide more ongoing proof to get this waved ?
what sort of questions should i prepare my wife for this if it comes to that
 

deep33

Star Member
Aug 2, 2014
185
1
Hello everyone. I have one question. Have we have to pay again the right of permeant residence fee again after allowing the appeal. Actually I have paid already this fees when back in 2014 submitted my file and after that I have not taken any refund. Anyone have knowledge about this plz tell me. Had I have pay this fees again or not??
Shery678 said:
So can i provide more ongoing proof to get this waved ?
what sort of questions should i prepare my wife for this if it comes to that
 

jaycee4sweet

Star Member
Jul 21, 2013
196
8
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
27-05-2013
AOR Received.
18-06-2013
File Transfer...
22-06-2013
Med's Done....
March10th,2013
Interview........
June4th,2014
Passport Req..
02-07-2013
VISA ISSUED...
W8ng
LANDED..........
Had Hearing 08/16/2016 waiting for the decision/ appeal allowed Nov 1st 2016
deep33 said:
Hello everyone. I have one question. Have we have to pay again the right of permeant residence fee again after allowing the appeal. Actually I have paid already this fees when back in 2014 submitted my file and after that I have not taken any refund. Anyone have knowledge about this plz tell me. Had I have pay this fees again or not??
Hi no u dnt hv to pay again just send them the receipt of the payment u made already back in 2014 if u still hv it or otherwise call CIC office to get the copy of that payment. Or u call your representative who filed the application dat time on your behalf he might have in his system or file. Gud luck.
 

deep33

Star Member
Aug 2, 2014
185
1
Ok. Thanx a lot jaycee4sweet
jaycee4sweet said:
Hi no u dnt hv to pay again just send them the receipt of the payment u made already back in 2014 if u still hv it or otherwise call CIC office to get the copy of that payment. Or u call your representative who filed the application dat time on your behalf he might have in his system or file. Gud luck.
 

Abe1004

Star Member
Jan 1, 2013
199
11
Category........
Visa Office......
Ankara
Job Offer........
Pre-Assessed..
App. Filed.......
22-08-2013
AOR Received.
26-08-2013
File Transfer...
13-09-2013
Med's Done....
02-07-2013
Interview........
28-05-2014
wait_so_long said:
Wow. I'm seriously impressed. Something like that would have taken me weeks to type up on my phone, and it'd still be full of auto-corrected errors.

Anyways, i think you're well prepared towards proving that you have a genuine marriage, despite CIC's antiquated notions of what a genuine marriage actually is. Where you may need to focus your efforts is proving that the marriage wasn't "entered into primarily for the purpose of acquiring any status or privilege under the Act". Under that provision, " a foreign national shall not be considered a spouse", even if the marriage is otherwise genuine.

Unfortunately, a lot of the circumstances that you use to prove that your relationship is genuine can also be twisted to work against you in this respect, sort of a double-edged sword. There's the obvious, like getting married on the last days before your departure, and overextending your stay. You'll need to think about how statements like the following would sound like to an objective third party: "I spent 7 years in Canada ever since I am 17 and my mentality formed in Canada, in away I feel myself Canadian". Although your fluency in English or French can be used to show that there are no language barriers, it can also be used to show that you were preparing yourself to be a Canadian well before you entered into marriage. Same thing with being Roman-Catholic. Is that common in your country? Were you raised as a Roman-Catholic, or did you convert?

Anyways, I was hoping that the Immigration Minister would strike the "purpose of acquiring" provision of the Act if the marriage was proven to be genuine, but unfortunately he didn't say anything about that in his latest round of announcements. In previous statements to the media, he had indicated that he was sympathetic to people who wanted to come to Canada to make a better life for themselves, or for their children. In fact, Canada was built on people who migrated over specifically for that purpose.

You need to stick to the truth, but there are aspects of your relationship, and your background, that you'd want to accentuate, and others that you may not want to draw too much attention to. If it's too obvious, that's exactly what they'll focus on, so it's a delicate balance. Hopefully your consultant has a lot of experience with such cases, and has a successful strategy in mind. Your consultant shouldn't be shy about touching on difficult or embarrassing topics. it's better than being caught unprepared.

If you already have a hearing date, then your counsel might be able to find out who will be the minister's counsel in your hearing. It'd be very helpful if your counsel has had previous dealings with the particular minister's counsel, and is aware of his or her biases, favoured lines of questioning, etc.

"I feel like the government rarely changes the wrong decisions they make" - this may be true, but IAD is a completely different department, and the Visa Officer is removed from the appeal process, other than providing the appeal record (i.e. blue book). You need to only look back to the previous few pages of this forum to see that many people have been successful in their appeals, so don't let this undermine your confidence.

Blessings to both you and your wife, and hopes that you will have a bright future together!

Hey wait so long, thank you for your assertive response.

Actually I was born in the family of practising Catholics, no its not too widespread around here, but it stille exists.

Regarding my knowledge of the english and french, I went to private high school where all the studies were both in english and french, of course I honed my skills a bit when I was in Canada

Regarding the "Canadian mentality" thing, I understand you mean and I dont think its something Id mention to the judge but truely, thats how I feel, so I just felt like sharing.

I believe I have a decent case of overcoming this matter. Unfortunately, there is really no other choice for me and my wife to live other than Canada.


Praying for the best for all the other couples.
Kind Regards,
 

duMaurier

Member
Apr 19, 2015
18
1
CanadianVincy said:
Hey guys,

Ive been reading this forum for a while and just had a question. I had my appeal and won today (November 24) but I wanted to know how long would it take POS to reprocess the application? Is anyone on here dealing with Port of spain in Trinidad?
Within 6 months for me. They might ask for another medical and then will ask her to send in her Passport.
 

CanadianVincy

Star Member
Sep 24, 2015
58
10
Category........
FAM
Visa Office......
POS/Ottawa
App. Filed.......
15-June-2015
Doc's Request.
Re-do New App. 27-01-2017... Submitted 31-01-2017
AOR Received.
18-July-2015
File Transfer...
21-Aug-2015
Med's Request
Upfront
Med's Done....
22-Sept-2015/Redo 15-Feb-2017
Interview........
20-Jan-2016...Denied/Appeal 24-Nov-16...Allowed/Decision ltr Dec.21.16
Passport Req..
Background check 08-Feb-2017/DM on ECAS 02-June-2017/PPR 21-June-2017
VISA ISSUED...
July-20-2017/Received July-24-2017
LANDED..........
July-26-2017
Thank you very much

duMaurier said:
Within 6 months for me. They might ask for another medical and then will ask her to send in her Passport.
 

appealsp

Full Member
Mar 6, 2016
25
1
Job Offer........
Pre-Assessed..
Did anyone get ADR date or full hearing date recently? I have filed appeal in March 2016 and haven't heard anything after the Blue book. Any information will be appreciated.
 

Galano1213

Hero Member
Jun 30, 2013
969
82
PEI
Category........
Visa Office......
Havana Cuba
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Med's Done....
23-04-2014
The office that I am with is Montreal and I received an ADR for Dec 20th.It took 9 months