I don't think any of us here can advise you on whether it's better to submit a new application or appeal. That's really a personal choice. if you want advice on which is better, I think that's a conversation you should have with an immigration lawyer. Good luck.
Spousal visa rejection needs help
- Thread starter kingsley99
- Start date
These statements that you claim the officer made during hte interview are not really consistent with the refusal (IMO). Were you both together in the same room for the interview? And heard the same comment? This may be a matter of precise wording, not what you interpreted the officer meant.
When was the interview? Was this before your spouse's longer visit of several months? When did you submit the original application?
You don't specify but my hunch is that the start of your relationship (the first year etc before the five month stay) was thin. Did you meet online? How many times had you met and spent time together before you submitted the application?
I also have no idea whether better to appeal or apply anew. Again my hunch is that the application was mostly evaluated on basis of the first (thinner) part of your relationship history, where it would be easier to conclude that you sought out the relationship for immigration purposes.
But I'm reading between the lines of the history that leaves out a lot. I don't rule out they had other information I don't know about.
You could consider ordering GCMS notes.
No, you said "it’s ok to be here for 7 to 8 months permanently". What about the remaining 4 to 5 calendar months? Why is it not okay for her to be with you permanently for the remaining 4 to 5 calendar months? So in this case, why she cannot be with you from September to December 2025?
Why do you think 12 months is critical compared to, say, 8 months? Honest question.
This isn't a common law issue of min 12 months.
Assume you mean the Canadian embassy in Ghana. Were you deported from the US and when? What is the timeline from your asylum claim, deportation and when you started corresponding with your Canadian wife? When did you get married on this timeline? Were the visits all to Ghana or to the US as well? Are there are other red flags when it comes to your relationship status? Age differences? Different religions? Differences in education levels? How is your wife supporting herself?
Just as an FYI I assume your spouse is aware that she must meet a residency obligation in order to be entitled to access healthcare in her province. A valid health card does not mean she is entitled to free public healthcare. If she wants to access healthcare in Canada in the near future she needs to look into how much time she can spend abroad.
Sorry for this confusion so this is the thing she’s been here since June 2024 so this December she went back to spend Christmas and would be back
January 15 so am saying she would be here January till September meaning she’s been living here since June 2024 till September 2025
because her remote job contract ends by then
Ok
am just taking advise from here so we can understand the context how do we proof it was not primarily for immigration benefits
Ok my previous marriage with American visa was denied as they thought it was not Bonafide and for 2 good years later distance became an issue. Meanwhile I never lived in USA only sought asylum there on arrival was detained and asylum denied. During the 1 year in detention she never visited me once i wondered about everything so at some point one thing to another we divorced. My Canadian wife we both from Ghana as well am 1 year older than her we connected 2 years after my divorce we got married then . Financially she’s working and I do also support Financially but not as much as. Before filing for the application she visited Ghana once and after marriage we made our honeymoon in South Africa, but after we already filed 5 months down the line we trying to have our own baby she we agreed to come over for 6 months while we try some fertility test etc . Since then she’s been here till now she went for short vacation. But for some reason my history makes it look like it’s all about immigration status now we are faced with either appeal or submitting a new application. We spoke to one lawyer who said we have just 20% chance in an appeal but if we submit a new application the outcome might be same and is charging us 6000$ for appeal but telling us 20% chance itself is scary he also said I can qualify for Express entry since I am good in French have a degree and have worked for 6 years etc
She is a Canadian citizen so I don’t know much about. Does it mean she can’t live out of Canada for that long? I got her a 10 years residency here in Ghana to avoid her seeking for visa back and forth to visit her husband and Ghana only approved based her on marriage to a Ghanaian
Yes sir we both physically present but they asked me to wait out she went in first and me later . The interview was after we were stuck on background and eligibility the interview was November 18 only after we my spouse longer visit meaning IRCc had no information she was already in Ghana with me so they still based it on the pass visit they had on the file . We submitted the original application 5 months after marriage while we were on vacation.
we are all from the same country but she’s Canadian citizen in fact she became citizen during our application we never met online we knew each other since 2012 back here in Ghana.
I am having trouble following specific dates and what is happening. If you want direct answers, keep sentences short and lay out specific facts/timeline.
That said, it looks like my hunch was basically correct, that you applied relatively shortly after marriage and before you and spouse spent the most time together.
My gut reaction based on this and other points like your discussion with lawyer:
-you can technically do the appeal on your own without lawyer, but more tricky (and some details like - technically, if I understand correctly - they can consider your appeal and still decide that the officer made correct conclusion based on info available at the time.)
-So in many respects a new 'clean' spousal sponsorship app may be the better choice - but you MUST disclose and address the previous refusal and make clear that you are now showing you and spouse living together, etc. Doesn't need to be complicated, but emphasize how much time living together and this is why you are applying anew. Emphasize that this was information NOT available during previous review of your spousal sponsorship.
-You can apply under express entry/other programs at same time, if you can qualify. It's possible those would get approved more quckly, hard to say.
-Since your spouse is a Canadian citizen,you can apply as canadian-citizen-abroad. She MUST address and show information on plans and intent to return to Canada. (It's okay here to say she left Canada to be with you only because the spousal sponsorship before was delayed and refused - it speaks to both the refusal and the relationship).
All this my opinion only. Point before is important that your spouse likely will not be covered by health care in Canada if not within provincial residency requirements.
this is so helpful thanks very much
let me ask this again
does living with me now and filling new application from abroad proofs the intention was not for immigration status in Canada?
Or does it proof genuine relationship only.
Is there or are there other things to do or show to proof the relationship was not entered into for immigration status ?
this platform is really good and I appreciate all your inputs because the immigration lawyer was not helpful telling us we have no chance only 20% based on my immigration history the officer based her refusal on that only and it’s difficult to clean so I was wondering that means my wife and won’t be able to live in Canada? What of our kids
thanks very much sir
I do not understand your question, really. As far as I'm aware, as I hinted before, the genuine relationship is usually sufficient answer to rebut the 'entered into for immigration status.' I beleive they decided your relationship was NOT genuine.
That doesn't mean that living together now / new app IS proof that [both those things]. But it has a better chance now that there is new information that wasnt in the first app.
I make a big distinction, as I think the lawyer is, between an appeal vs a new application. And I think the info was helpful, even if you did not recognize it.
Most appeals, I believe, do not succeed (i.e. the 20% figure).
Your immigration history WHEN THE OFFICER CONSIDERED IT didn't include all the time you spent together. (This was my point is that on appeal, they COULD decide the decision was correct when the officer made it. Which would basically be telling you that you MIGHT be successful with a new app.)
While you can't 'clean' that history, the time together that you now have/are in process of establishing with spouse living with you is - I think - an answer to the genuine relationship (and hence immigration purposes).
Therefore - as it seems your lawyer was telling you - a new application is preferable.
This isn't a guarantee, it's not certain, etc. (And it's my opinion, although it doesn't sound that different from lawyer).
One question: did your lawyer offer a service of helping with a new application (no appeal), and if so, at what cost?