Husband recently had an interview....Advise needed PMM or anyone else

[saima123]

My husband had an interview last week and it did not go well. Here is what happened;
Visa Officer asked just a few questions about me and where I work etc. Looked at pics and asked a few questions. Then he said he has two concerns;
one is that marriage is not registered in the country it took place. we had explaiend in the initial application that it was not possible to register even though we tried our best. They do not register a foriegn person who is on work visa. It is really true and we could not do it.
Second concern was that according to him my husband's previous marriage divorce certificate was fake. We are shocked to know that as he has been divorced since 2006 and it is true certificate. he kept on saying that my husband should honestly tell if its fake or not. My husband kept on saying it is not fake. Then he said if he does not accept then they have to investigate. My husband said they can go ahead. The he said he will consult senior officer and /or investigate and let him know in about 2 months or so.
He gave back most of the docs in our initila app and whole bunch of papers which he submitted at the time of interview, including new police clearance.
The visa officer did not refuse but did say if we investigate then he may be in trouble. What does that supposed to mean? He also said he is not worried about our relationship. Hoe could he say the certificate is fake when it is not.
Now we dont know what to make out of it. I will appreciate it someone could share their experiences and thoughts on this. It will help us a lot. Our visa office is Islamabad.

 

[cuterose]

Dont worry.Some times they do this to check your honesty.
they have to issue u visa because they are not doubting your relashionship.if they want to inquire divorce decree let them do.at the end they will come to know truth.
so be happy and wait for your visa.

god bless you...plan your ticket to canada!!!!!!!!!

 

[Leon]

Maybe he really thought it looked fake so now they will investigate, find out that it's real and that will be the end of your problems.

 

[saima123]

Thank you cuterose and Leon for your replies. It really helped. We are planning to send the stamped document which my husband filed at the time of divorce before the certificate, I think this will help, and also we will explain everything once again. Do you think its a good idea to do that? In the end the officer told my husband that he will discuss with senior officer and let him know in about two months or so.

What worried me is that he already returned most of the docs including new police certificate. Is it usual. At what stage do they return the docs?

 

[mitamata]

They need to establish two things.

a) That your relationship is legal (that your marriage is valid).
b) That your relationship is genuine.

From what I gather, the IO has already decided your relationship is genuine. That means he believes you are a real couple and not just pretending to be one for the sake of immigration. So it makes sense that he returned the documents that were used to prove that, he no longer needs them. It looks like he is not yet convinced that your relationship is legal though, meaning he's not sure your marriage is valid. To establish that, he only needs to investigate if you are really married and if your husband was really divorced at the time of the marriage. If he were to decide that the divorce papers are really false, then your husband would've (in CIC's opinion) still be married to someone else at the time when he married you, which would mean your marriage was not valid and he is not really your husband and as such can not be sponsored by you.

To avoid that, go ahead and send anything you have to prove the divorce and your marriage are in fact valid. Perhaps you could also get someone to confirm what you said, that you were unable to register the marriage - for example a lawyer could write an opinion letter that such a thing is in fact not possible in your circumstances.

For the police certificate, I think it's enough for them to just see it, they don't need to keep it. Seems rather unusual that they would return it to him, but I have heard of it happening before.

Good luck, I hope you get this resolved quickly.

 

[saima123]

Thank you for your reply mitamata, what you said really makes sense now. We will send them as many evidences as we can. Our marriage is genuine as well as his divorce is real, I am hopeful they will get to the truth eventually and issue him the visa. Will keep you guys updated.

 

[Halifax-Maple]

saima123

I suggest you check CAIPS or FOSS notes, before sending documents or doing anything else.

 

[saima123]

Halifax its been more than 6 weeks since I applied for CAIPS notes, i thought it will help us with the interview but a couple of weeks back we got a letter saying they want an extension of time for upto 30 days. I still havent got them but the additona 30 days days deadline finishes in two weeks. I dont know why are they delayed, amybe too many holidays in between.

 

[Suin]

Maybe he really thought it looked fake so now they will investigate, find out that it's real and that will be the end of your problems.

why they couldn't investigate it before the interview? they could inquire the original and make a check on that. that's really strange behaviour. maybe it would help if the original had been legalized?

 

[saima123]

Yes suin it is strange and that is what worries us.

 

[canadianwoman]

Send any more proof that the divorce certificate and marriage certificate are valid right now. Also send evidence that the marriage can't be registered - maybe a lawyer's letter. It doesn't sound good, from my experience. They're supposed to keep everything in the file until they've made a decision, and if the answer is 'no', even after, because you will appeal and everything you sent in with your application is supposed to be on the appeal record. If they gave something back to you, then when the appeal record goes to the Immigration and Refugee Board for your appeal, you have no proof that you already sent in something. They're supposed to keep what you give them at the interview for the same reason.

My case: My husband and I go to the interview. The visa officer seems really disorganized. She gave back one document that was in the application package. She looked at the things my husband had brought to the interview, but gave the photos back. She didn't keep some documents he brought - for example, phone records from the time of the application to the time of the interview. She got angry and threw other documents at my husband, so many documents were in a big mess on the floor - god knows if they were ever put back in order. When we got the CAIPS notes and the record for the appeal, some things we had given them were not there. My lawyer said they do that sometimes. There's no way to prove we gave them something, after all, and it makes our application look worse.
The visa officer also said she had to talk to her senior officer about the case, and would decide in a month or two, but when we got the rejection letter, it was dated the day of the interview.

 

[saima123]

My God! which visa office you dealt with? Are you in the process of appeal? If you dont mind my asking what was the objection raised?
We have consulted a lawyer ans he says there should not be a problem as they will eventually find the truth, but we are so worried...may everyone get united to their loved ones soon.

 

[canadianwoman]

My God! which visa office you dealt with? Are you in the process of appeal? If you dont mind my asking what was the objection raised?
We have consulted a lawyer ans he says there should not be a problem as they will eventually find the truth, but we are so worried...may everyone get united to their loved ones soon.

This was at the embassy in Accra, Ghana. My husband's application was rejected because the visa officer didn't believe we had a genuine marriage.