I got visa and refused to my husband and they have dought on our merrage

[jai1980]

Hi,
I am discussing my case here with hope i will get valuable information.

Myself is Sonia and We applied for immigration to canada under FSW in July 2009 and i am PA and our medical get done in Feb 2010 and we had submitted all documents to CHC New Delhi and they schedule our interview on 8 july, 2010 in the interview Visa Officer not satisfied with our marriage photos and she granted me visa but refused to my husband on following grrounds:-

1) Ring Ceremony not happend.

2) Marriage not in place of girl it was in city of boy and i defend with the ground that my most of relatives lives near by the city of marriage.

3)No lunch photographs i showed her but she said there is no crowd in photos.

We tried to show her other sound evidence which can prove our marriage but she said i have enough evidence to refuse visa to your spouse and may be this marriage is genuine and you can sponsor him from canada.

And We have following evidence whcich we dont have on interview date:-

1) Copy of certificate from food supply officer of my city which shows that my name was removed from ration card of my parints after marriage and added in ration card of my husband in 2008. And We married in oct 2008 and we applied under FSW in July 2009.

2) Marriage Invitation Card.

3) Registered Marriage Certificate which we showed her on date of interview.

4) Photos with our family after marriage.

5) Hotel Bill when we went on honeymoon.

Please advise what the next step we should take so that we can go there togather.

If some one suggest appeal please describe the procedure of appeal and time duration in appeal.

I look forwad for your help.
Thanks

 

[iarblue]

Well im not sure if he can appeal that but you are able to come here as a FSW right? So come when you get here,sponsor him as your spouse this time make sure you give them enough not to doubt you,as they will go back and look at the other file and no doubt,will be harder on your next file.SO you need to make sure you dont leave any thing unturned this time.
Im not exactly sure how long you need to be in Canada under the FSW to sponsor him im sure someone will answer that for you.

 

[chinthu]

Well im not sure if he can appeal that but you are able to come here as a FSW right? So come when you get here,sponsor him as your spouse this time make sure you give them enough not to doubt you,as they will go back and look at the other file and no doubt,will be harder on your next file.SO you need to make sure you dont leave any thing unturned this time.
Im not exactly sure how long you need to be in Canada under the FSW to sponsor him im sure someone will answer that for you.

hey what is this FSW?? can somebody explain me ..

Thanks in advance ..

 

[AllisonVSC]

Federal Skilled Worker visa program.

 

[amritsinghqa]

Hi,
I am discussing my case here with hope i will get valuable information.

Myself is Sonia and We applied for immigration to canada under FSW in July 2009 and i am PA and our medical get done in Feb 2010 and we had submitted all documents to CHC New Delhi and they schedule our interview on 8 july, 2010 in the interview Visa Officer not satisfied with our marriage photos and she granted me visa but refused to my husband on following grrounds:-

1) Ring Ceremony not happend.

2) Marriage not in place of girl it was in city of boy and i defend with the ground that my most of relatives lives near by the city of marriage.

3)No lunch photographs i showed her but she said there is no crowd in photos.

We tried to show her other sound evidence which can prove our marriage but she said i have enough evidence to refuse visa to your spouse and may be this marriage is genuine and you can sponsor him from canada.

And We have following evidence whcich we dont have on interview date:-

1) Copy of certificate from food supply officer of my city which shows that my name was removed from ration card of my parints after marriage and added in ration card of my husband in 2008. And We married in oct 2008 and we applied under FSW in July 2009.

2) Marriage Invitation Card.

3) Registered Marriage Certificate which we showed her on date of interview.

4) Photos with our family after marriage.

5) Hotel Bill when we went on honeymoon.

Please advise what the next step we should take so that we can go there togather.

If some one suggest appeal please describe the procedure of appeal and time duration in appeal.

I look forwad for your help.
Thanks

Hi Sonia,

I too was present for the same on 8th July ... Can u please share the time when u had the Interview . Our time was 10:15 Morning...

I can certainly suggest u to do the following:-

U must have got ur Passport back right... so do the following in a weeks time and write a letter CHC explaining them ur case and the proofs that u r going to submit here to prove ur marriage..

1) Ask ur Husband to Embed Wife's name as the back side of the passport
2) And in ur passport , change the name from D/O to wife of XYZ..
3) Are u staying together .... If yes... then u can submit a copy of bank statement which will have same Address.
4) update ur passport address with the address u r staying ...That is ur husbands address
5) if you are working in any organization... get a Letter from the HR guys which will write it on the letter head that as per their records u r married to xyz and staying at the following address..This can be a proof..

Regards
Amrit

 

[jai1980]

Hi, Thanks for your suggestion. Our time was at 8.45 am. Amrit were thr on 8th of this month may be we know you by face boz we were thr upto 11 am. Whatever you suggested we already had on that day. VO ask questiom sepratly. And we know each other before marriage and my husband been in australia in 2007. She asked to my husband how to contact to your wife from AUS he said phone and 3 to 4 times in a week and whn she asked me same then i said 2 or 3 times in a day. And she said it not matched with ur husband. And i said that pls dont take it for granted sometimes we talked to 4 and five times in a day sometime 2 or 3 tim in a week but she was not agree to listen us and she asked many of question and evry thing match. Is there benefit to send letter to CHC if yes wt would be outcomes. Can i complaint to supervisor of visa officer. Pls let me know abt your landing paper have you got it or waiting. Thanks for your coperation.

 

[Halifax-Maple]

Sorry to say it: "something is illogic (NOT RIGHT) in this story".
If the Immigration suspect that you were in marriage of convenience, and that you entered to this marriage only to bring that person to Canada, then the Immigration are/were in doubt about your OWN intention. The immigration officers could be wrong/ could be right. You can be right too. Now, the LOGIC question is: "how could they grant you a visa, while they have had this big doubt about you and your intention?". Immigration officers have the power and discretion to refuse your application as a whole, unless you are the only skilled worker in that only unique field of specialty in the whole world.

 

[iarblue]

I found it starnge too but we all know too well immigration does quite a bit that leaves u guessing.So they didnt let them go as a married couple just her as a skilled worker.And they wouldnt let them go as a married couple anyway.One has to sponsor the other unless they are FSW or student.
So now she has the task of going without him become a PR on her own and sponsor him in.Its just really strange that the IO said he did not get his visa because they thought the marriage was not true?????They didnt apply as a married couple but as a FSW something here is wrong.

 

[amritsinghqa]

Hi, Thanks for your suggestion. Our time was at 8.45 am. Amrit were thr on 8th of this month may be we know you by face boz we were thr upto 11 am. Whatever you suggested we already had on that day. VO ask questiom sepratly. And we know each other before marriage and my husband been in australia in 2007. She asked to my husband how to contact to your wife from AUS he said phone and 3 to 4 times in a week and whn she asked me same then i said 2 or 3 times in a day. And she said it not matched with ur husband. And i said that pls dont take it for granted sometimes we talked to 4 and five times in a day sometime 2 or 3 tim in a week but she was not agree to listen us and she asked many of question and evry thing match. Is there benefit to send letter to CHC if yes wt would be outcomes. Can i complaint to supervisor of visa officer. Pls let me know abt your landing paper have you got it or waiting. Thanks for your coperation.

Hi Sonia,

I have not received my passport and landing papers till date.. I am still waiting to see the lucky sticker... I am currently in Pune and so it takes at least 2 weeks to reach here from new delhi by registered post...

In my case the VO was totally convinced of my marriage as we staying together since we got married and she said that she will dispatch the passports the very next day that is 9th July... Lets hope for the best... can u just tell me what papers u got from CHC...

Look even if ur husband havent got the visa still u always have the option of going to canada alone and sponsor ur husband from there itself...doors are still opened .. dont be downhearted ... i will find out where u can drop a mail , who to mark the mail..just give me sometime...

i think i am remembering u somewhat... u are a school teacher having NOC 4131... am i right.. ? ur husband is a sikh and u make more than 80 points ... i am not sure...

please share what papers have u got from CHC? how long it took to get the papers..

 

[rjessome]

The FSW rules are not the same as Family Class. There is no appeal. You would have to apply for Judicial Review of the decision which it "sounds" like they didn't include your husband as your spouse. This is very strange. I would call a Canadian lawyer and get a legal opinion. Typically, you don't have to prove the genuiness of relationship in an FSW application but that doesn't mean it can't happen. Did you get married after you applied for FSW or were you already married at the time you originally applied?

I strongly believe you need legal advice. I'm even surprised that they gave you the visa if what you say is correct. If they felt the marriage wasn't genuine, I would think they would have said that you misrepresented your marital status and were trying to perpetrate fraud for the benefit of immigration to Canada. Very strange. Call a lawyer ASAP. There are some really good ones who do judicial reviews. Or maybe they could ask for a reconsideration of the Program Manager. In any event, your time is limited so do it quickly.