ADR...need advice

[lonely2011]

We filed under the conjugal partner class and it was refused by Vienna, I appealed in March 2011 and apparently we'll not be getting ADR but a full hearing sometimes next year
The reason for refusal is there was no impediment to marriage, VO did find we have genuine relationship
Our reason for not getting married was that we wanted to live as common law partners since we are both in our 40's, second marriage to both of us and unable to gather our families for the wedding...I couldn't live in his country since I have daughter that lives with me under joint custody and he couldn't even get TRV to visit me.

My question is if we do get married now do you think they will give us ADR?

We are so sick and tired of waiting, we've been together since 2008 first waiting for my divorce then immigration, now appeal

 

[humpakwatankaylog]

We filed under the conjugal partner class and it was refused by Vienna, I appealed in March 2011 and apparently we'll not be getting ADR but a full hearing sometimes next year
The reason for refusal is there was no impediment to marriage, VO did find we have genuine relationship
Our reason for not getting married was that we wanted to live as common law partners since we are both in our 40's, second marriage to both of us and unable to gather our families for the wedding...I couldn't live in his country since I have daughter that lives with me under joint custody and he couldn't even get TRV to visit me.

My question is if we do get married now do you think they will give us ADR?

We are so sick and tired of waiting, we've been together since 2008 first waiting for my divorce then immigration, now appeal

I think you should hire a lawyer for this hearing and ask for any suggestion he may have on this. If you perform the wedding now I am just wondering if they will then ask you to sponsor again but under Spouse Category?

 

[lonely2011]

Lawyer is asking for $4000 upfront...I do not have that kind of money
And we did get married just last week and not sure what to do now...wait for trial or do new application

 

[trini777]

Im not sure if they can approve you now under the previous application as the circumstances are not the same. You are now a married couple, so it would probably be easier and cheaper to send a new application. Maybe one of the senior members would have different advice.

 

[canadianwoman]

I am not 100% sure this suggestion will work, but it won't hurt, so here goes.
Send in proof you got married to the Immigration Appeal Board and the Canada Border Services Agency - to the offices that are handling your appeal. The specific addresses should be on the info the Immigration Appeal Board sent you about the appeal. The Minister's Counsel that is handling your case (from the Canada Border Services Agency) may then agree to allow your appeal right away, given that the reason for the refusal is no longer valid.
You can also send in the proof, and then phone the Immigration Appeal office that is handling your case and speak to an agent. Explain you are now married, and ask what you should do.

 

[lonely2011]

Thanks canadianwoman I spoke to someone handling my file at IAD and she recommended to fax it to both offices, hopefully they will now allow ADR

 

[lonely2011]

It worked! Minister's Counsel just agreed to give me ADR

 

[trini777]

CONGRATULATIONS!!!!!