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Need urgent advice

Stuckguy

Full Member
Apr 13, 2010
23
0
Category........
Visa Office......
ND
Job Offer........
Pre-Assessed..
App. Filed.......
Oct2010
File Transfer...
Nov 2010
Med's Done....
July 2010
Interview........
May 18 2011
Passport Req..
Dec 2010
My immigration got denied, my wife is a canadian, we are very much done with this whole thing and have given up, we are having a tough time in our relationship due to this whole mess.

I would want to know if choose not to appeal or refile, do anything go against my wife? i want her to be safe, and not get stuck in any legal troubles.

Reason for our denial was : not a genuine relationship.

A little background: my wife and i got married in US, we know each other since 2006 but personally met for the first time in 2009 in US and on her 4th visit to me in US in 2010 we got married. No one attended our wedding besides my cousin who helped us being a witness. During the interview the visa officer came with a pre-conceived notion that it was fake or we are just friends.

Please help us.
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
what proofs did u submit? remember the burden of proof is on u to submit proof no matter how long or short the courtship is
 

Stuckguy

Full Member
Apr 13, 2010
23
0
Category........
Visa Office......
ND
Job Offer........
Pre-Assessed..
App. Filed.......
Oct2010
File Transfer...
Nov 2010
Med's Done....
July 2010
Interview........
May 18 2011
Passport Req..
Dec 2010
Kedeisha said:
what proofs did u submit? remember the burden of proof is on u to submit proof no matter how long or short the courtship is
we submitted all our emails, skype call logs any and every thing, pictures aswell. The visa officer was adamant that howcome no one came to the wedding as i have uncle in US too and they already had a wedding planned in their house. the visa officer was just not ready to buy that. and she was cutting me short after every question not giving me time to explain her.

however the point i need clarity on is that would my wife get stuck in any legal trouble if we think of discontinuing the process. we have gone through too much since this started.
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
so you won't be going down the process of filing an appeal, if you choose not to file an appeal your wife won't be in any legal trouble you will just have to have a long distance marriage/ your wife may move to your country of residence if that is a feasible option

Very sorry your process was denied
 

Stuckguy

Full Member
Apr 13, 2010
23
0
Category........
Visa Office......
ND
Job Offer........
Pre-Assessed..
App. Filed.......
Oct2010
File Transfer...
Nov 2010
Med's Done....
July 2010
Interview........
May 18 2011
Passport Req..
Dec 2010
Kedeisha said:
so you won't be going down the process of filing an appeal, if you choose not to file an appeal your wife won't be in any legal trouble you will just have to have a long distance marriage/ your wife may move to your country of residence if that is a feasible option

Very sorry your process was denied
We got to know that filling an appeal and the decision may take upto a year or so, i checked with a lawyer too, we are just so done with all this running around, the frustration and everything else involved in this.
Do you have a better suggestion?

reason i wanted to know that if we dont know anything and ask for a refund, i dont want the Canadian govt to think that we were fake/fraud. we are just done with this process of harassment.
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
well u are not entitled to a refund if your process got to the point of refusal as that means they have processed your application and they have deemed the relationship not valid, no you would not look fake if u ask for your $ back if that was an option as that is a lot of $ to just "throw" away especially with a negative outcome and now the probability of filing an appeal and the fees that come along with that

this is such a frustrating experience
 

Stuckguy

Full Member
Apr 13, 2010
23
0
Category........
Visa Office......
ND
Job Offer........
Pre-Assessed..
App. Filed.......
Oct2010
File Transfer...
Nov 2010
Med's Done....
July 2010
Interview........
May 18 2011
Passport Req..
Dec 2010
Kedeisha said:
well u are not entitled to a refund if your process got to the point of refusal as that means they have processed your application and they have deemed the relationship not valid, no you would not look fake if u ask for your $ back if that was an option as that is a lot of $ to just "throw" away especially with a negative outcome and now the probability of filing an appeal and the fees that come along with that

this is such a frustrating experience
Thank you for the advice, hope we can deal with ourselves now.
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
yes i have read cases on canli.com where denied applicants represented themself please keep in mind this is not gonna be easy picture david n golliath so be prepared order CAIPS fi you have not already done so be prepared to address their reason for concern and be prepared for the worse/mean lawyer so my words please prepare yourself fully so that u can win n show them they were wrong

wish u all the best
 

Stuckguy

Full Member
Apr 13, 2010
23
0
Category........
Visa Office......
ND
Job Offer........
Pre-Assessed..
App. Filed.......
Oct2010
File Transfer...
Nov 2010
Med's Done....
July 2010
Interview........
May 18 2011
Passport Req..
Dec 2010
Kedeisha said:
yes i have read cases on canli.com where denied applicants represented themself please keep in mind this is not gonna be easy picture david n golliath so be prepared order CAIPS fi you have not already done so be prepared to address their reason for concern and be prepared for the worse/mean lawyer so my words please prepare yourself fully so that u can win n show them they were wrong

wish u all the best
Kedeisha, we are just not thinking of appealing or anything, we are just going to end this process for good, both of us are done with it. the last thing we want is any other legal trouble for my wife if we choose to leave this whole immigration process.
 
Jul 25, 2011
5
0
Our marriage is on the rocks, and as you can imagine, this refusal is just compounding our stress and making things worse.

Honestly, at this point we're not sure if our relationship can even be repaired - especially long distance.

We don't know what we're going to do yet, we just want to understand all our options.

What my husband (and I) are asking is if we call it quits and don't re-file or appeal, will it cause us/me problems?

We can't be the only ones in this situation...
 

cleo

Star Member
Mar 29, 2011
131
4
Category........
Visa Office......
Vienna
Job Offer........
Pre-Assessed..
App. Filed.......
24-02-2011
AOR Received.
23-03-2011
File Transfer...
08-04-2011
Med's Done....
11-05-2011
Interview........
Waived
Passport Req..
09-09-2011
VISA ISSUED...
26-09-2011
LANDED..........
09-11-2011
Personally, I think you should appeal, at least start the process. And then get some counseling. That's what I'd do. I will fight to the end to get my husband here with me. We eloped, no family members at the wedding. But we provided reason why we did this. If they see some reason why we are not genuine then it will be because that is the VO's opinion and we will fight that. If you believe your marriage is worth it then you need to appeal.

And because you asked for advice, I think you want to try...

Wishing you the best in your decision.
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
cleo said:
Personally, I think you should appeal, at least start the process. And then get some counseling. That's what I'd do. I will fight to the end to get my husband here with me. We eloped, no family members at the wedding. But we provided reason why we did this. If they see some reason why we are not genuine then it will be because that is the VO's opinion and we will fight that. If you believe your marriage is worth it then you need to appeal.

And because you asked for advice, I think you want to try...

Wishing you the best in your decision.
I agree plz appeal if u believe in ur marriage
 

lenardparnold

Star Member
Sep 5, 2010
162
10
123
Canada/Thailand
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
20/10/2010 sent to Canada
File Transfer...
29/11/2010 Sponsorship approved, PR app sent to Singapore
Oh oh, well then I think our application might be denied as well... We've been waiting for 9 months and heard nothing. We didn't even have a formal wedding cerimony...
 
Jul 25, 2011
5
0
Thanks Cleo.
We basically eloped as well. We had been engaged for a few months, but hadn't decided on a date or anything. While I was visiting him and his family in California we decided we didn't want to wait anymore, we called the registry office, and got married the next day. As my husband said, it was just us and his cousin, and the only reason she was there was to be our witness, otherwise it would have been how we wanted it - just us. From the beginning neither of us wanted a wedding - western or punjabi - so this was perfect for us. Or so we thought until not having a big ceremony (especially punjabi) bit us in the you-know-what with the VO. Other than that we have thousands of emails, chats, call logs, gifts, pictures, etc spanning 4 years (the first 2 we were just friends though).

Another problem we're having though is getting conflicting information from lawyers and consultants. One says it's better to appeal because if we re-file the second VO is just going to go with the same decision as the first. The other says to re-file because appealing takes much longer, and the first decision has nothing to do with the second... We don't know what to do.

It's been a brutal year for us between this, work, and an illness in the family - we're both at our breaking point. I know I'm preaching to the choir here, but it feels like there's no rhyme or reason to how this process works. Meanwhile, a family friend got married in January (arranged, but her second, and to a younger man), sponsored her husband, sailed on through, and he should be landing shortly. Don't get me wrong - I'm happy for them, but I have to admit the timing has added some insult to injury.

Oh yeah, here's another thing - one of the lawers mentioned that us being interracial is/was a problem or would have added to the refusal as well, which seems incredibly un-Canadian to me. I really hope he's wrong on that one.

Anyways, thanks again to you and Kedeisha for your support. If anything this little vent session has made me feel a bit better. :)


lenard - hope your luck is better than ours!!
 

lenardparnold

Star Member
Sep 5, 2010
162
10
123
Canada/Thailand
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
20/10/2010 sent to Canada
File Transfer...
29/11/2010 Sponsorship approved, PR app sent to Singapore
What visa office did you go through?