**URGENT** procedural fairness

[anirudh54]

Guys i am October 17 AOR. Today received procedural Fairness request.

Please submit further document to support the bona fides of your marriage. You married in * *; no proof of relationship appears to have been provided.
- Family of 2 requires CAD $15,772 in settlement funds, it does not appear that the average balance in your account for the past 6 months was at this amount and appears you have a ** USD car loan.

I live in US and i have a car loan. I had all my money invested in stocks and crypto. i had to take them out to satisfy the minimum criteria. So i had the cash but not on avg for 6 months How do i approach this situation . I have 7 days to respond. Any help would be greatly appreciated!

 

[21Goose]

What's your average balance from Oct - May?

 

[k.h.p.]

Guys i am October 17 AOR. Today received procedural Fairness request.

Please submit further document to support the bona fides of your marriage. You married in * *; no proof of relationship appears to have been provided.
- Family of 2 requires CAD $15,772 in settlement funds, it does not appear that the average balance in your account for the past 6 months was at this amount and appears you have a ** USD car loan.

I live in US and i have a car loan. I had all my money invested in stocks and crypto. i had to take them out to satisfy the minimum criteria. So i had the cash but not on avg for 6 months How do i approach this situation . I have 7 days to respond. Any help would be greatly appreciated!

You also didn't provide any proof of relationship, apparently.

Did you get regular valuation of your stock portfolio? Monthly statements? You wouldn't have received that with crypto, I suppose.

 

[anirudh54]

What's your average balance from Oct - May?

It is close to the minimum criteria. should i get a recent statement?

 

[21Goose]

It is close to the minimum criteria. should i get a recent statement?

Only close to it? I'm afraid you may have issues then.

Now that they have flagged you, you need to show that you have enough funds to meet the $15,772 + enough to pay off the car, and that you had the money in your account for a long period of time.

How much is the car loan?

 

[anirudh54]

You also didn't provide any proof of relationship, apparently.

Did you get regular valuation of your stock portfolio? Monthly statements? You wouldn't have received that with crypto, I suppose.

I have provided marriage certificate. do we need to provide anything more? I have applied for taxes recently . so i should be having document confirming my investment and amount. I can get the monthly statements from online (i hope). Similar thing to crypto. I do have the documents i suppose.

 

[anirudh54]

Only close to it? I'm afraid you may have issues then.

Now that they have flagged you, you need to show that you have enough funds to meet the $15,772 + enough to pay off the car, and that you had the money in your account for a long period of time.

How much is the car loan?

Close to 10K. Can i use my 401 K statement which is around 40k to show i have enough amount to pay off loan and support myself?

 

[21Goose]

You have no choice but to use that. They may or may not accept it - explain that you are willing to take the 20% loss in case you have to liquidate your 401k.

It sounds like you're way short of the settlement funds and should be prepared to have your application rejected.

 

[k.h.p.]

They may also not have received the marriage certificate, or otherwise want other proof of the relationship. I don't know what you've ellipsed from the * * about the marriage details, I imagine it's a year.

 

[ryeCatcher]

Don't mean to hijack this thread, but have a similar question as the original poster.

I have recently taken a loan to buy a house here in the US, the remaining loan on the house is ~200K which is more than my bank balance. The average bank balance is comfortably above the "settlement funds" requirement but not above 200K. Will this be a problem if I receive an ITA? The house is worth more than the remaining loan amount.

 

[anirudh54]

They may also not have received the marriage certificate, or otherwise want other proof of the relationship. I don't know what you've ellipsed from the * * about the marriage details, I imagine it's a year.

yes it is may 2018. i am guessing i should submit photos?

 

[k.h.p.]

yes it is may 2018. i am guessing i should submit photos?

Photos and marriage certificate again and everything you can.

 

[skape7]

yes it is may 2018. i am guessing i should submit photos?

I am surprised that IRCC is asking for additional proof of relationship, for an economic class FSW application, despite providing them with a copy of your marriage certificate with your e-APR! The fact that the Officer states that the certificate is missing could indicate that he has missed reviewing it in the documents submitted.

IRCC has a checklist of acceptable documents that prove a spousal relationship for family-class applications. With the exception of the form, you could use this to provide any and all evidence that you can...

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html

Copied from the respective web page:

"Documentary evidence should include:

• a completed Relationship Information and Sponsorship Evaluation questionnaire (IMM 5532) (included in the application package)
• a marriage certificate
• proof of registration of marriage with a government (local, provincial, state or country) authority
• proof of divorce if either the applicant or spouse was previously married
• if the principal applicant and sponsor have children in common, long-form birth certificates or adoption records listing the names of both parents
• wedding invitations and photos
• a sponsor and principal applicant are expected to provide items from at least two of the following sets of documents. If they are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
  • proof of joint ownership of residential property.
  • rental agreement showing both the sponsor and principal applicant as occupants of a rental property
  • proof of joint utility accounts (e.g. electricity, gas, telephone, internet), joint credit card accounts, or joint bank accounts
  • vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address
  • copies of government issued documents for the principal applicant and sponsor showing the same address (e.g.: driver’s licenses)
  • other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cell phone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)"