Refused Inland

[Inlandappl]

We got married on the beach ,in Aitutaki, in the south pacific, in the cook islands on a beautiful deserted sandbar(oh my god the water coulours!!!) with a few palm trees and lots of birds.. we stayed in the island almost 3 weeks for our honeymoon. there was a hut where the organizer cooked some fish on the grill. people attending were me and the bride(of course), our beautiful 2 yr old daughter, the organizer, captain and cook(the same person) , the minister and a guy with a guitar....Me too i would not change my wedding with anyone else...not even for immigration purposes....it was beautiful....and if that was really ground for refusal then i would feel deeply disappointed...i want to think this is an isolated case(and anyway I don't know much about this refusal case) and i still think the IO's should not be given full powers for refusing an application when there are children involved and much much more......

 

[Inlandappl]

and i agree with robrod and pharoh. Go to the local media, go to Tv and write to newspapers, they will love your story..... if your relationship is genuine you will succeed , I'm 100 % sure!!!!!!!

 

[CharlieD10]

My wedding was small, with a dinner afterwards... What are they trying to say? :/

Same here...14 people in total at the wedding ceremony, we took everyone to dinner afterwards. :

 

[canadianwoman]

To the Original Poster: you cannot appeal an inland refusal, but you can apply for a judicial review. I suggest you consult with an immigration lawyer. Also contact your MP and tell him/her about the case.
It sounds to me like the visa officer suspects your husband started his relationship with you just to stay in Canada. Stress any proof you have that that was not a consideration - since he could have stayed longer with his work visa.
What country is your husband from? There is a big age difference, and a different marital background (he was divorced and you weren't); if there is also a different race, and different cultural background, the application will have a harder time being accepted.

 

[Pharoh]

I really think if you can get this looked at again, or perhaps have another interview with CIC with another IO, things may work out in your favor. You may have been rejected by someone very VERY picky, someone in a bad mood, etc. I'm confident you can get approved, I see no reason why you can't. There's nothing of your story that sounds even remotely not genuine. Good luck!!!

 

[jdwhite21]

Hello all:
Sorry I did not reply yesterday, was busy on the phone with lawyers and what not...

Fenna1:
You had a few questions... Sorry I have not been a little more specific.
As regards to the we don't have a house but have pictures of us painting our new house.. the house I was talking about us painting is where we currently leave, my parents bought a house in town for us to live in with them. So we don't have a lease or anything specific, just an agreement with my mom and dad.
As to the other question, we got married a little over a year after he came here. It was kind of a whirlwind thing, which I guess CIC may question but I never intended to get married and have kids so young. One of those love at first sight things... he was in Canada for less than a month when we started dating and I don't think we have spent a day apart since. It was sincerely spontaneous, I worked at Tim's and they were bringing foreign workers to boost staffing levels. I was happy because we were always short staffed and it just happened to be Jose that came to my store... we hit it off right away and the rest is history. So about 10 months after he came to Canada we moved in together in the house my parents bought and we have been living here together ever since.

To everyone:
I have phoned our MP, and according to our luck he is in Ottawa until Saturday :S However a lady in the office has been extremely supportive and helpful and phoned Edmonton via their MP line. She talked to the lady who denied our application and said her reasons for refusal were because our interview answers were not the same. I think that's crap because Jose and I discussed it after and answers matched up and some questions were not the same. But really there is nothing we can do there. She also said his daughter in El Salvador would benefit more having her father there. Well like we told the lady at the office, my husband has never lived with his daughter. She has always been in custody of the mom. And she actually receives more support from us here than she would if he was in El Salvador making $40 a month.. It's unreal, honestly it sounds like she didn't like us and just picked a couple things to deny us for. The lady from the office phoned her again today to explain about how Jose doesn't live with his daughter and that I am pregnant again and all that. Hopefully she gets somewhere... otherwise I believe we will be applying again outland.

I have heard about the judicial review but they wouldn't even give the lady at the MP's office any information on it, they said it was against their interest. And unfortunately the only lawyers I have been able to speak to just seem to be out for money first, us second. Otherwise I have left over 15 messages, not a single returned call.

Pharoh:
I agree.. I think we just had bad luck and got a IO in a bad mood. I have no doubt in my mind that we will be refused once we apply again, it's just the fact that Jose will be gone for about a year and miss so much in that time... Thank you for all your support though

And thank you everyone for your support and kind words. It means a lot to us.

 

[Pharoh]

Hi jdwhite21,

Thanks for the update. I'm glad you were able to contact the MP's office.

You should keep politely pestering the MP's office until they can do something for you, or they say nothing else can be done. If the IO claimed the answers were different, perhaps the IO misunderstood them.

In addition, keep looking for info for Judicial Reviews. That's rather astonishing that CIC wouldn't give any info to the MP's office. I would have thought there'd be some required level of openness between the two offices, but apparently not.

I know financials are very tight right now. Is there any possibility of either of you taking out a small loan or credit, to cover some legal fees? If you can, maybe you can negotiate with an attorney, by telling them how much you have up front.

What about the media? Can you type up a brief synopsis of the situation, and email it to every local TV and radio news outlet? It's typing it up that'd take a few minutes, but sending out emails only takes a matter of seconds. If you find a reporter who takes interest in your story (and most would, given your current pregnancy and how that certainly should weigh in on the whole ordeal), it'll go public.

I'm not too familiar with the Canadian government hierarchy just yet, but can you phone up any other individuals? In addition to MP's, are there such things as mayors, district attorneys, senators, legislatures, congressmen, all the way up to PM Stephen Harper?

Can you explore any of the above options? We all want to see you succeed. There's absolutely NO reason why you and your husband should have to be apart again.

 

[robrod]

Perhaps a letter addressed to Immigration Minister Jason Kennedy would also be a good idea.

 

[Black-Berry]

Jdwhite21,

Ok your story has bothered me and if you dont mind i went back to all the posts you have posted so i can understand your situation even more and see exactly what your situation is,
From what i gather from reading your past posts is.

You met your husband in canada when he was on a temporary visa and shortly thereafter got married>?
He is from guatemala?
It was whirlwind kind of?
He has previous kids from a previous relationship?.(not that that has to anything with it but... )

Please correct me if i am wrong.. As everyones situation is different. What i also gather from the letter they sent you is they are denying you primarily for not providing sufficient evidence?. (which sounds bizzare because you obviously sent bloody well ALOT of evidence). But maybe you needed to tear the A** out of the evidence bit and provide sex taps just saying and video tapes of maybe your daily lives (which is virtualy impossible)

Maybe in your case because of the fact that he is 20 years older and you two met and married shortly after is not normal in an IO's eyes? To my eyes that IS perfectly normal. I know many people who have been married only after knowig each other for 2 weeks and they have been married for 15 years and are stronger than ever!..

realistically. you need to treat an IO as someone who is out to dissect your life, to look for anything in their power to deny you entry. so our job is to convince them beyond any shadow of doubt otherwise. Thats the mentality we need when applying for PR i think.

if you had to apply outland could you and him provide bullet proof evidence?. is it possible to supply any more evidence of your relationship after that overwhelming amount of evidence?

I hope you do have a good outcome out of all this. I hope someone hears your case because you sound genuine.
Good Luck and best wishes

 

[jdwhite21]

Pharoh:
MP`s office has phoned immigration umpteen times since we contacted them on Tuesday. Today they were told to stop phoning. The decision was made and that`s it. But she has continued to phone them anyways trying to speak to someone in a more authoritative position. At this point pretty much everyone we have talked to, including a few lawyers have said that it would be the best to just apply again outland... however MP's office is still phoning.

Robrod:
I sent a letter to the Honorable Jason Kenney on Tuesday as well. However last time I sent him a letter, I did not get a response until 4 months later...

Black-berry:
Yes I did meet Jose after he came here on a work visa. And it was about a year after he was here that we got married. started dating less than a month after he first came.
He's from El Salvador.
Very whirlwind, very unplanned. Like I said, never planned on getting married this young but the world is crazy.
And yes he has kids from a previous relationship.

According to the letter it said that we did not provide evidence that we were genuine. But the reasons the IO gave our MP's office was that our interview was not cohesive and that his daughter would benefit more in El Salvador vs. the 2 kids here.. who are almost 2 and soon to be born. And for some reason she had doubts that our daughter is his, she said we would need a paternity test which is ludicrous but we have no problem doing it if it will make immigration happy. Also, apparently she was not impressed that he needed an interpreter but that was necessary because her accent was so strong that I, a native Canadian and English speaker, had trouble understanding her.

As for the sex tapes, well the IO was very interested in that and we both gave her a very descriptive image so I don't know what she is doubting there lol

I can't honestly believe its the age because another couple in my community were approved inland. Not even transferred from Vegreville. Processed record times. The gentleman is in his 60's and she is in her 20's. Tell me that's not a huge age difference. She was also here on a temporary work visa. English is not her native language either. Our MP's office is baffled that they had no issues yet we seem to have hit every road block imaginable. Essentially I believe it all comes down to the IO and their mood when they are going over your application.

And I do believe if we applied again we could provide so much evidence they would be sick of it. And I think that the fact that we are applying again and will have been together 4+ yrs and have 2 children will be even better as well. Since we had our interview I have collected over 30 letters saying that we are indeed genuine from friends family coworkers etc and am collecting more. (one letter is from a friend who helped Jose ask me out for the first time, one is from my friend who wrote how I have always like older men... every letter has something different to show that we are indeed genuine) I will find every little piece of evidence I can find so that there is no way that they could say no.

But thank you for your wishes of good luck and your input. It is helping me to think of things that they may have seen as problems and do what we can to overcome them.

 

[robrod]

Hang in there, Jess.
You have a great MP as they continue to call and push the issue. I am totally appalled that the officer would even think of a paternity test. It makes me wonder about our own daughter who looks more like my wife (blonde, fair skinned and blue eyed; all unlike me), but I guess my last name on her birth certificate was good enough. We also have a second one on the way (a boy this time) by the way, and talking to my wife the other day she was just as perplexed by the power given to a single person to make the decision to make or brake you. But since she deals with the government and arbitration at work, she is no stranger to this type of situations.

The good news out of all this as I've said, is that he was not banned for 2 years for misrepresentation, and you can apply again right away.
The bad news is that the family will have to be split in order for you to apply outland since he's supposed to leave today, contrary to CIC's main objective of family sponsorship which is to reunite families, not to separate them... is he going to?.
Hugs your way and stay positive!,
Rob.

 

[jdwhite21]

Rob:

Yes we have an excellent MP, and this is just his office as he is in Ottawa at the moment so maybe when he returns this weekend he will be able to stir up the pot a little more. Yes I am utterly surprised about my daughter too because she looks more like my husband than myself and she has his last name as well. Crazy lady just grabbing at excuses to deny us. We are already working on our new application and everything we need for it. Yes he is going to go home, he is not leaving today, we merely had to have proof of his non refundable ticket to send to the office. His flight is booked for next Sunday so that we have a week to try and get everything in order. Seeing as how we now need child care...

And does anyone know? We paid the full 1000 when we applied so do we get that 490 back or whatever it is for the permanent residence fee since we were denied?

Jess.

 

[adzees]

Yes you suppose to get the refund for $490.

 

[robrod]

Yes, you are entitled to the landing fee refund. Write a letter to them just in case they forget.
I'm really sorry to hear Jose has to leave the country and will miss so much of your second pregnancy. That was our fear with our first baby but fortunately we got AIP and now I get to see our second one born early next year, cross my fingers.
Hopefully when your MP returns from Ottawa and hears all the details from his assistant, he will indeed stir the pot fast and hard...
And it's great you are gathering the documents for the outland application now before Jose flies back to El Salvador. Do not forget to obtain the canadian police certificate, he should go get it before leaving the country as it will save lots of time than trying to obtain it from El Salvador.
Good luck, Jess!.

 

[Misplaced Brit]

It's situations like this that really scare me. We're very close to sending in our application, but this is a very harsh and stark reminder that things don't necessarily go smoothly, even with all the evidence in the world of a genuine relationship.

I'm sending you guys best wishes and lots of good luck that this can, and will, be resolved in a satisfactory manner for you.

Hang in there!