How many in the midst of the appeal process?

[unstopable1]

How long to get an IAD hearing date? Anyone knows or have an idea? Appealed filed since Jul 09.. gosh it is really frustrating .................

 

[canadianwoman]

It usually takes more than a year; just over a year is normal at the faster offices, but waits of up to two years are possible at the busier offices. The wait for an ADR should be from half a year to a year.

 

[unstopable1]

thanks canadianwoman

Our appeal is going through Toronto so I am guessing i have some good waiting before date hah.. ohh it so sucks. The fact that you have to wait for average 1-2yrs and still after that they can still not accept IAD is a hard waiting game for 2 persons waiting to be together to spend their rest of their lives. I worry more about what this is going to my marrage and the effects it may cause bec distance apart is not an easy thing to handle for a husband and wife.

Anyone know what is the rate of successful IAD appeals?

 

[canadianwoman]

thanks canadianwoman

Our appeal is going through Toronto so I am guessing i have some good waiting before date hah.. ohh it so sucks. The fact that you have to wait for average 1-2yrs and still after that they can still not accept IAD is a hard waiting game for 2 persons waiting to be together to spend their rest of their lives. I worry more about what this is going to my marrage and the effects it may cause bec distance apart is not an easy thing to handle for a husband and wife.

Anyone know what is the rate of successful IAD appeals?

I've heard about half are successful, so it is worth it to try.

 

[toby]

About 50% of spousal sponsorship appeals are allowed, so I would say it is worth it to try appealing. But it can take a long time to get an appeal date - more than a year if it is a full appeal, and at least 6 months if it is an ADR hearing.
If you don't appeal, and just reapply, make sure to look at the CAIPS notes and refusal letter very carefully and provide a lot of proof to 'answer' the problems the visa officer identified.

But ... since documents (no matter how many you present) can never convince a Visa officer determined to be suspicious or negative, wouldn't it be better to go to Appeal? At least there you might encounter more objective, fairer monds. When I read the decisions of ADR "judges", they certainly seem to be fair.

 

[Bangkokcanuck]

But ... since documents (no matter how many you present) can never convince a Visa officer determined to be suspicious or negative, wouldn't it be better to go to Appeal? At least there you might encounter more objective, fairer monds. When I read the decisions of ADR "judges", they certainly seem to be fair.

Pretty much what I was thinking, it's pretty easy to look at a bunch of papers and pics and whatever else and twist things how a VO might want to see them. But in a face to face with a judge or review board of some kind I would have to think that a couple that is a real couple will have an easier time, just by virtue of the fact that they can be seen and heard as real people not dry facts on a page.

I wonder when people get letters in the first place saying they have been denied due their relationship being not being real. Is that all the info they give? I mean it seems like such a subjective comment, "oh you don't seem real" huh.... based on what? We don't know each others favorite toy from three years old?? I am just curious what sort of reasoning they give in cases like that.

To the person that commented about having been together for 7 years, I made that point in another thread and someone said well as the divorce rate is so high they might look at it as you are just hanging on to get the RP so no matter what you do if someone wants to hard enough they will come up with a lame brain reason... Oh Canada indeed.

 

[canadianwoman]

I wonder when people get letters in the first place saying they have been denied due their relationship being not being real. Is that all the info they give? I mean it seems like such a subjective comment, "oh you don't seem real" huh.... based on what? We don't know each others favorite toy from three years old?? I am just curious what sort of reasoning they give in cases like that.

The visa officer will often list the reasons for the decision in the refusal letter, but not always.
In my husband's refusal letter, the visa officer did not really say why she thought the relationship was not genuine. When we got the CAIPS notes, however, she laid it out clearly.
When we got the refusal letter, I then went online searching for info about why people were refused, and found this site, Canlii, and Reflex (which have immigration appeal cases). Because the VO had not specified what the problems were in the refusal letter, I had to guess. I assumed the problem was basically incompatibility issues, and so since I was in Nigeria at the time I set about gathering evidence to show that these were non-issues for us. Imagine my surprise when I got the CAIPS notes and found out none of these incompatibility issues were even mentioned.

 

[CharlieD10]

I wonder when people get letters in the first place saying they have been denied due their relationship being not being real. Is that all the info they give? I mean it seems like such a subjective comment, "oh you don't seem real" huh.... based on what? We don't know each others favorite toy from three years old?? I am just curious what sort of reasoning they give in cases like that.

Try reading in the CanLII database. I am honestly addicted to reading the case files. Just input the search terms "Immigration, sponsorship" and any other search term you want to combine it with, for example "misrepresentation", "marriage of convenience" etc. Makes hair-raising reading, it does. It also gives you a pretty good idea of what IOs can put in CAIPS notes why they think a relationship isn't genuine. Not seen anyone asked about favourite childhood toys, but not knowing if your wife is using birth control can definitely trip you up.

http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Search+all+CanLII+Databases&sortOrder=relevance&searchPage=eliisa/mainPageSearch.vm&text=marriage+of+convenience,+immigration&id=&startDate=&endDate=&legislation=legislation&caselaw=courts&boardTribunal=tribunals

 

[felicity01]

We won our appeal on March 16, 2010. No word from Delhi yet about our case. They say misery loves company so please share at what point you are at in the process.

Hello this is a question for the forum actually or anyone who could help me
I am trying to figure it out what is the time line for and ADR in Vancouver we have filed our appealing resquest got the " received " letter and the CAIPS already , do you know when may we get and answer about if we may be able to go through ADR? ( if we do get accepted for ADR )
Thank you so much.

 

[rjessome]

Hello this is a question for the forum actually or anyone who could help me
I am trying to figure it out what is the time line for and ADR in Vancouver we have filed our appealing resquest got the " received " letter and the CAIPS already , do you know when may we get and answer about if we may be able to go through ADR? ( if we do get accepted for ADR )
Thank you so much.

Did you get the full copy of the file yet? Usually takes about 4 to 5 months from filing the appeal notice. Haven't seen updates on the IAD in Vancouver in awhile but last I heard, it can take 6 to 9 months before finding out if you've been selected for ADR. Did you ask for it?

 

[felicity01]

Did you get the full copy of the file yet? Usually takes about 4 to 5 months from filing the appeal notice. Haven't seen updates on the IAD in Vancouver in awhile but last I heard, it can take 6 to 9 months before finding out if you've been selected for ADR. Did you ask for it?

Hello, Yes, we've got our CAIPS, bot not the appealing book yet, the lawyer said he can only request the ADR once he gets the full information that is including the appealing book, which sould have the same info that's in the CAIPS
So we filed our case in november, I wonder what is next

THANK YOU SO MUCH for your answer rjessome

 

[felicity01]

Did you get the full copy of the file yet? Usually takes about 4 to 5 months from filing the appeal notice. Haven't seen updates on the IAD in Vancouver in awhile but last I heard, it can take 6 to 9 months before finding out if you've been selected for ADR. Did you ask for it?

Oh by the way... where do you check for the updates on the IAD in Vancouver????
Are you also appealing?

 

[Mrs. Turan]

I appealed my case near the end of August and I have an appeal hearing on April 19th 2011. So that was 8 months of waiting. I'm not really sure why I got it so fast. I was expecting to have my case heard in October or November. In fact, when I contacted my local MP, they told me just that. One week later I was given the above date for my appeal hearing.
Tomorrow I head to Vancouver so that I can be there bright and early for the morning of the 19th.

 

[felicity01]

I appealed my case near the end of August and I have an appeal hearing on April 19th 2011. So that was 8 months of waiting. I'm not really sure why I got it so fast. I was expecting to have my case heard in October or November. In fact, when I contacted my local MP, they told me just that. One week later I was given the above date for my appeal hearing.
Tomorrow I head to Vancouver so that I can be there bright and early for the morning of the 19th.

Hello Mrs. Turan
GOOD to hear you are going to your hearing!!!!!!!
Are you going through the ADR, or full hearing? did you make a request for the ADR?
We submited our appealing last november, in vancouver, we are waiting... we don't know how long.
I WISH YOU THE BEST!!!!!

 

[Mrs. Turan]

How do you know if its an ADR hearing or a full hearing? It doesn't say on any of my papers.