NAIROBI CHC: I NEED PEOPLE WHO CAN CRACK THIS ROCKET SCIENCE CASE.

[Naomi39]

Hi guys,
Here I come again with my first email and the answer from the CIC Visa Post everyone is free to express themselves. My file is in the second stage and at the last stage. I am with the Nairobi CHC. My husband married his 1st wife in our home country (DRC). His 1st Marriage was a proxy one which took place on 08/ July/ 2010 he submitted everything to Nairobi in 12/11/2010. 3 months later that woman conceived from another man, my husband cancelled that sponsorship on 05/04/2011 but he never got a divorce certificate before he marry me because his first wife did not want to sign it. Now, His second Marriage is mine. He married me on 29/06/2012, he came down here to marry me unlike the first one which he only wrote a letter from Canada to Congo and one of his brothers represented him. We got married on that date I gave you. When he filed my sponsorship to Mississauga, He wrote a letter and certified it at the Police that He cancelled his first marriage and he was approved to be my sponsor. We are in the second stage of the application, the visa post did everything to process my application later on asked for my passport too. Now on September 13, 2013 High Commission of Canada in Kenya Nairobi sent to both of us an email asking my hubby his divorce certificate before they proceed with my application. HERE IS MY QUESTION. His divorce certificate is dated 19/12/2012 but our marriage was 29/06/2012, could this jeopardize the visa that they are about to deliver? People came up with brilliant comments when I asked this question; here is part 2 of the story question. However after it was said and done, my husband got an email from his MP on September 25, 2013 stating that she phoned Ottawa asking them to give her the status of my application. Ottawa said there is a bring forward date of October 30, 2013 and the file will be reviewed on this date, again Ottawa saw that High Commission of Canada in Nairobi noted that they received my husband's divorce certificate on September 18, 2013 when it arrived there. October 31, 2013 MP contacted Nairobi CHC ASKING THE STATUS OF MY APPLICATION. They wrote back on November 01, 2013 saying this:

From: re-nrobi
Sent: November-01-13 2:36 AM
To: Ashley McCormack- Riding 1B
Subject: RE: MP INQUIRY

Good morning,
The application is on queue for review by an officer. We received information from the sponsor in response to our request for a divorce certificate from his previous marriage. Once the review is complete, the client/sponsor will be advised of the next steps.
Should the medicals expire; new instructions will be sent to the client if the officer decides that the client is eligible.
Regards,
Client Service Unit | Service À La Clientèle
Telephone | Téléphone: (254.20) 366.3000
Facsimile | Télécopier: (254.20) 366.3914
Limuru Road, P.O. Box 1013 | Rue Limuru, B.P. 1013
00621 - Nairobi, Kenya
High Commission of Canada| Haut Commissariat du Canada
Government of Canada | Gouvernement du Canada

1. Does it mean that they don't have a problem with the conflicts of dates?
2. His divorce certificate is dated 19/12/2012 but our marriage was 29/06/2012, could this jeopardize the visa that they are about to deliver?
3. It seems like they don't have a problem with that and they keep proceeding with the application right?
4. Had it been they did not like it Ecase would have changed already to DM after September 18, 2013 or October 30, 2013 right?
You can express yourself freely as you want because it is an open ground for everyone. Help me again please!!!!!!!!!!!

 

[scylla]

Re: NAIROBI CHC: IT IS NOT OVER UNTIL IT IS OVER.

If the visa officer goes by the rules, your marriage won't be recognized as valid by CIC and this will impact the issuance of your visa. Your husband was still married when he married you - which means your marriage is invalid.

The October 30th bring forward date means that the visa officer planned to start reviewing your application again starting October 30th. This likely means they only started looking at the information you mailed in September this week and haven't made a decision yet with regards what this means to your application.

I would be prepared for the worst (i.e. a refusal based on the fact you're not legally married).

 

[Naomi39]

Re: NAIROBI CHC: IT IS NOT OVER UNTIL IT IS OVER.

scylla let me ask you a question.

when the applicant send in the requested documents before the bring forward date, will the file be looked at yes or no and why?

 

[scylla]

Re: NAIROBI CHC: IT IS NOT OVER UNTIL IT IS OVER.

scylla let me ask you a question.

when the applicant send in the requested documents before the bring forward date, will the file be looked at yes or no and why?

Sometimes they are looked at as soon as they arrive and sometimes they wait until the bring-forward date (I can't tell you why).

Based on the reply your MP received, it looks like they were waiting for the bring-forward date to look at your file again and didn't review the additional documents you sent as soon as they arrived.

 

[Naomi39]

Re: NAIROBI CHC: IT IS NOT OVER UNTIL IT IS OVER.

Sometimes they are looked at as soon as they arrive and sometimes they wait until the bring-forward date (I can't tell you why).

Based on the reply your MP received, it looks like they were waiting for the bring-forward date to look at your file again and didn't review the additional documents you sent as soon as they arrived.

Remember that CIC OTTAWA looked into my file and told my husband's MP that the Visa Post received the divorce certificate on September 18, 2013. They noted that there is also a bring forward date for October 30, 2013.
if you click on this link you will see about BRING FORWARD DATE.
http://www.canadavisa.com/canada-immigration-discussion-board/-t39705.0.html

 

[canadianwoman]

1. Does it mean that they don't have a problem with the conflicts of dates?
2. His divorce certificate is dated 19/12/2012 but our marriage was 29/06/2012, could this jeopardize the visa that they are about to deliver?
3. It seems like they don't have a problem with that and they keep proceeding with the application right?
4. Had it been they did not like it Ecase would have changed already to DM after September 18, 2013 or October 30, 2013 right?

1. Once the visa officer notices the conflict of dates, he or she will have a problem with it. You and your husband married before he got divorced from his first wife. This is not allowed in Canada, so your marriage will be deemed invalid.
2. Therefore you will not get the visa.
3. They will certainly have a problem with it once they notice it. I would not count on them never noticing it and issuing the visa.

Have you and your husband been living together for a year? If so, you could get a common-law based PR.
My suggestion is to get married again. Send in the proof of this remarriage to the visa officer to be added to your file, and a letter stating that you did not realize your marriage was invalid because your husband had not yet gotten his divorce papers, and that once you realized this you knew you would have to get married again to make it legal.

There was someone on this forum who had essentially the same problem, and the remarriage was enough to get the PR visa. I will try to find her case.

 

[wowsers]

Naomi 39, you are your own worst enemy. This essentially is a repetition of your previous post asking for help. You were given competent detailed advice by myself and Rob_TO telling you precisely what you should do (consult a lawyer) and also setting out the details of the argument which was most likely to lead to success for you. You failed to implement that advice and in my view are now heading inevitably for a rejection. You are in my opinion going to have to start again but before you do so you have to clear up this mess you have got yourself into and one obvious way is to go through the marriage with your husband once again as Canadianwoman suggests.

 

[Naomi39]

1. Once the visa officer notices the conflict of dates, he or she will have a problem with it. You and your husband married before he got divorced from his first wife. This is not allowed in Canada, so your marriage will be deemed invalid.
2. Therefore you will not get the visa.
3. They will certainly have a problem with it once they notice it. I would not count on them never noticing it and issuing the visa.

Have you and your husband been living together for a year? If so, you could get a common-law based PR.
My suggestion is to get married again. Send in the proof of this remarriage to the visa officer to be added to your file, and a letter stating that you did not realize your marriage was invalid because your husband had not yet gotten his divorce papers, and that once you realized this you knew you would have to get married again to make it legal.

There was someone on this forum who had essentially the same problem, and the remarriage was enough to get the PR visa. I will try to find her case.
[/quote

That Canadianwoman and Wowsers, my husband contacted 2 lawyers they all told him the case is far advanced we need to wait for the High Commission reaction on October 30,2013. One of those Lawyers said it should not be a problem because they received that divorce certificate on September 18, 2013 therefore the file was reviewed that day. He carry on telling my husband that he will write a letter to VO telling him/her that according to Canadian the first marriage should be invalid because it a proxy one and it was never consomated. He also told my husband to order my CAIPS to have a good understanding of what they are doing, which he submitted already.

 

[soon2b]

Naomi39,
i would assume that those Canadian visa officers do their homework on the cultural practices of those they are dealing with. Your marriage would seems legitimate if put into the cultural context of your country and it would be disappointing if the visa officers disregard those cultural contexts. That would call into question the kind of training Foreign Affairs give to their employees before deploying overseas.
As such i would not be discouraged by the replies you are receiving from this forum members but you should wait and see what they say. You can always appeal if denied a PR visa based on those dates conflict.

 

[Naomi39]

Naomi39,
i would assume that those Canadian visa officers do their homework on the cultural practices of those they are dealing with. Your marriage would seems legitimate if put into the cultural context of your country and it would be disappointing if the visa officers disregard those cultural contexts. That would call into question the kind of training Foreign Affairs give to their employees before deploying overseas.
As such i would not be discouraged by the replies you are receiving from this forum members but you should wait and see what they say. You can always appeal if denied a PR visa based on those dates conflict.

Soonb2 I appreciate your input. My husband and I were expecting a rejection since October 30,2013 but we were very surprised that Nairobi is still working on my file. We are ready to redo our marriage once they reject but it seems like they are working on my case.

 

[canuck_in_uk]

Naomi39,
i would assume that those Canadian visa officers do their homework on the cultural practices of those they are dealing with. Your marriage would seems legitimate if put into the cultural context of your country and it would be disappointing if the visa officers disregard those cultural contexts. That would call into question the kind of training Foreign Affairs give to their employees before deploying overseas.
As such i would not be discouraged by the replies you are receiving from this forum members but you should wait and see what they say. You can always appeal if denied a PR visa based on those dates conflict.

Cultural practices don't matter when they contravene Canadian law. Some cultures allow polygamy and for 13 year old girls to be married; Canada doesn't not allow those practices and therefore does not recognize such unions as legal.

Canadian law recognizes the proxy marriage as legal, regardless of whether it was ever consummated. The OP's spouse was still married to his first wife, so the second marriage is invalid.

 

[scylla]

Canadian law recognizes the proxy marriage as legal, regardless of whether it was ever consummated. The OP's spouse was still married to his first wife, so the second marriage is invalid.

Agreed. Canada recognizes proxy marriages as long as the proxy marriage is recognized in the country where it was performed. The second marriage was therefore invalid. The only way this is going to work out in the OP's favour is if the immigration officer ignores the rules.

 

[Naomi39]

Alright I heard and respect your comments guys. I was expecting a rejection on two dates here: first one after September 18,2013 because the file was opened. Second one was October 30,2013.

My husband and I did start an engine for reapplication once the reject but I don't know why they sent us this email noted above?

 

[mikeymyke]

well i really hope u give your husband a hard time forever because he really made things difficult for u

 

[Naomi39]

well i really hope u give your husband a hard time forever because he really made things difficult for u

Well I can't make life miserable for him because I was once a single girl now he made me a woman. This mysterious rejection sent a waved of panic to us before October 30,2013 but now I feel like I am already dead and not fear to decomposed. We are still waiting for that rejection so that we can work things out very quickly but they are the ones who are taking longer to send it. What are they reviewing again up to now?