The CRAZY CBSA officer thinks my wife is married already!!

[Phalos]

Only if you apply as common law.

ooohhhhh yeah yeah that's right! good call. Yes, in Canada one can sponsor even if still married to another, but must proof seperated and living common law.

 

[helpwhattheheck]

with csis you can pre arrange a phone call another time. VO calls unexpected and if u dont answer couple times, they might refuse application...am I wrong?

The CSIS interview was actually in person. Went directly into the office to conduct it. I had no idea that the two immigration departments were different thats why I was so confused when the other lady called me

 

[helpwhattheheck]

We are still in the middle of contacting a lawyer and have ordered the notes on the file. It is hard to get a lawyer in these times since Covid and nothing really has answered phones over the weekend but we have sent out a lot of e-mails.

We did...maybe find a small piece of evidence that shows my wife was not married a few months before leaving the country. In Korean standards this document would show that she is not married but I do not know if this immigration officer would be satisfied with such... It is a health insurance document that has my wifes name, address and lists her as living alone and not a dependent of anyone. If someone was married to a Korean national the document would be a little different and it would have the husbands name on it for sure.

I am wondering is there an upper department at immigration that can over view this? Someone above this officer? There must be some sort of way to report misconduct of an officer. Like imagine the officer has no literal evidence that my wife is married and she just does not like us....they are humans after all and if there are bad cops in this world, there must be bad CBSA officers who do shady things to try to destroy peoples lives..... I don't know.

We sent the officer a picture of the document and hope for the best when she responds.

 

[canuck78]

We are still in the middle of contacting a lawyer and have ordered the notes on the file. It is hard to get a lawyer in these times since Covid and nothing really has answered phones over the weekend but we have sent out a lot of e-mails.

We did...maybe find a small piece of evidence that shows my wife was not married a few months before leaving the country. In Korean standards this document would show that she is not married but I do not know if this immigration officer would be satisfied with such... It is a health insurance document that has my wifes name, address and lists her as living alone and not a dependent of anyone. If someone was married to a Korean national the document would be a little different and it would have the husbands name on it for sure.

I am wondering is there an upper department at immigration that can over view this? Someone above this officer? There must be some sort of way to report misconduct of an officer. Like imagine the officer has no literal evidence that my wife is married and she just does not like us....they are humans after all and if there are bad cops in this world, there must be bad CBSA officers who do shady things to try to destroy peoples lives..... I don't know.

We sent the officer a picture of the document and hope for the best when she responds.

Would suggest you find multiple types of proof over a few years to show that there was never a marriage. There is no proof of misconduct of the officer. They are clearly in possession of evidence that puts into question your wife's previous marital status. Your strategy should be to determine what evidence is showing she has previously been married versus assuming that the agent has a personal vendetta against your family and has made up the evidence.

 

[GandiBaat]

Same thing as CIA and immigration. CIA is not something you want to have contact with.

Wait CSIC is equivalent of CIA? I thought it was similar to FBI... Man, CSIC is something that looks scary.

 

[canuck78]

Wait CSIC is equivalent of CIA? I thought it was similar to FBI... Man, CSIC is something that looks scary.

CSIS is the equivalent of CIA and RCMP is the equivalent of the FBI.

 

[GandiBaat]

I am wondering is there an upper department at immigration that can over view this? Someone above this officer?

Judicial review comes to mind.

 

[GandiBaat]

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CSIS is the equivalent of CIA and RCMP is the equivalent of the FBI.

Why is CSIS involed in this matter though... They use the phrase "national security" way too much in their own vision : https://www.canada.ca/en/security-intelligence-service.html

Why will such a department will involve in a simple family immigration case? Is this usual? I am hearing about them for the first time.

 

[canuck78]

Not typical but if there are concerns about your profile you will need to meet with CSIS. May have to do with your participation in certain groups, your time in a foreign military, your status as a high level foreign government employee, your views and whether they present a danger to Canada, etc.

 

[GandiBaat]

Not typical but if there are concerns about your profile you will need to meet with CSIS. May have to do with your participation in certain groups, your time in a foreign military, your status as a high level foreign government employee, your views and whether they present a danger to Canada, etc.

So its like if they have some intelligence on you or your profile raises some flags or fits a pattern, they want to interview you. No wonder you said that its scarier than IRCC.

 

[scylla]

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Why is CSIS involed in this matter though... They use the phrase "national security" way too much in their own vision : https://www.canada.ca/en/security-intelligence-service.html

Why will such a department will involve in a simple family immigration case? Is this usual? I am hearing about them for the first time.

CSIS only gets involved in extremely limited cases where there are concerns related to national security.

So something in the OP's profile triggered a concern.

 

[k.h.p.]

So its like if they have some intelligence on you or your profile raises some flags or fits a pattern, they want to interview you. No wonder you said that its scarier than IRCC.

Yes. That's entirely what "background check" is all about. If your background check comes up with security concerns, CSIS is involved. RCMP is primarily involved for criminal record matters, but would be involved in security as well.

 

[scylla]

I am wondering is there an upper department at immigration that can over view this? Someone above this officer? There must be some sort of way to report misconduct of an officer. Like imagine the officer has no literal evidence that my wife is married and she just does not like us....they are humans after all and if there are bad cops in this world, there must be bad CBSA officers who do shady things to try to destroy peoples lives..... I don't know.

You would follow this process:
- Respond to the PFL within the stated timelines and wait for a decision
- If the decision is negative, then apply for Judicial Review

 

[canuck78]

So its like if they have some intelligence on you or your profile raises some flags or fits a pattern, they want to interview you. No wonder you said that its scarier than IRCC.

Yes CSIS like the CIA is the one agency that most Canadians will never have contact with and will know little about. It's almost a joke in Ottawa that if someone says they work for the government yet won't elaborate you assume they may work for CSIS.

 

[helpwhattheheck]

\

Why is CSIS involed in this matter though... They use the phrase "national security" way too much in their own vision : https://www.canada.ca/en/security-intelligence-service.html

Why will such a department will involve in a simple family immigration case? Is this usual? I am hearing about them for the first time.

We are Muslim. I am not sure if that has anything to do with it.
My wifes father thinks her uncle might have done something and tipped them off. Her uncle HATES Muslims and they do not talk.

Update for today we got in contact with a lawyer who will interview us and see our options, he suggested that we also get a document from the Korean Embassy that says that my wife is not married and there is no record of marriage, to which we did contact them and they passed us around a little but the end result is they do not provide such documentation and that its up for Foreigners (anyone but Koreans) to register their marriage abroad and the Korean government does not keep a record of a non-national. Since she has no residence there there is nothing to show for her information and only if she was a Korean national they would be able to help with such documentation.

With that being said...what do you guys think... What should we do here. If theres no legal way for them to tangibly prove that my wife is married in another country how can they threaten to deny our application? Is this something you can appeal?? 2 lawyers told us yes. This lawyer said "inland applicants can't appeal". However when I checked online (I do not understand legal terms well) it appeared that inland applicants can't appeal UNLESS its a spousal application? Can anyone let me know the 100% correct information regarding this.