MelanieOn2013 said:
Hello everyone,
I looking to find out who I contact here in Ontario to start the appeal process. My husband just had his interview in New Delhi which lasted 2 hours only to have the woman tell him she is denying it due to the differences in our age and she does not believe that my husband loves me. This is a completely a case of discrimination!!! If I were a man who was older than his wife the age factor would not even be a factor. She further went on to say that she lives in Delhi and has not had any problems adjusting. Well good for her, I tried living there for 5 months dropped down to 116lbs, my hair was falling out in clumps and was violently ill every day near the end of my stay. Had I adjusted I would be living there with my husband who I have been married to for 2 years come Dec 14,2013 and been dating since 2008. We had a Hindu Wedding but when we went to apply through the Hindu Marriage Act the court there said they would have to put my conversion up in Court since I didn't go there like a local to tell them I was converting!!?? I'm Canadian I can convert to whatever religion I find in my heart I wish to follow. I was so sick that I had to return home. My husband then tried applying twice for a travel visa to visit me in Canada but because at this point by Canadian Law we were not legally married he put single which he was told by the visa advisory he went to both times he was denied. Once my health was better I return back to India in July of 2012 to apply for the Special Marriage Act which they than back dated to Dec 14, 2011 of our Wedding. We went on our Honeymoon to Maldives but during my 2 week stay I once again got violently ill and started the whole vomiting and diarrhea again. It was only after seeing how much I suffered health wise that my husband said he would come to Canada and after we sent months gathering all the chat logs, emails and legal papers we started the spousal process back in Oct 2012. Yes I'm older, yes he's from India but how can you possibly say we don't love each other because of these factors!! Needless to say we are APPEALING the decision and I would also like to know who to contact about this woman's clearly discriminator behavior, she could adapt so that means everyone else can!!?? Really, this is the attitude of the people they are hiring?? If I could of adjusted I'd be there with my husband and we would be preparing to celebrate our 2 year Anniversary. I am just so disgusted right now words can't even describe it. Anyone that can direct me to where I need to go and who to contact would be greatly appreciated I just got his call at 3am and have been trying to Goolge for information for the past hour and a half.
Hi Melanie, I'm really sorry to hear the rough time you're going through. It's really devastating when you are refused. Similarly, we were rejected back in January because of an incredibly racist and ignorant VO. The interview was utterly useless as he constantly interrupted my husband and was incredibly rude. One of his excuses for saying we were not a genuine couple is because I'm 3 years older, if you can believe it.
Anyhow, all is not lost, with a lot of patience, you can pull through this. As you may have saw, we just won our ADR!
Basically, there are two routes an appeal can follow: Alternative Dispute Resolution, or a full hearing. I am not too sure on the wait times in the Toronto office, but having an ADR is significantly shorter. This basically is a 1 hour, informal session with an ADR Officer who acts more like a mediator between you and CIC. Alternatively, a full-hearing is more like a court session which can last an entire day. More information on these can be found on the IRB website.
-Your first step is to file your appeal. This form can be found on the Immigration and Refugee Board (IRB) website. Do this quickly as you only have 30 days after the refusal.
-Also apply for GCMS to find out exactly what the VO wrote. Instructions for this can be found on this forum.
-Secondly, find a good lawyer. They can direct you and answer any questions you may have for your case specifically or the general process. They can really help you navigate the system and guide you on the best way to approach your appeal. It may be expensive, but consider it an investment towards your and your husband's future.
-Thirdly, as your lawyer will guide you, start gathering more documentation that may disprove what the VO's conclusions were and also to prove your relationship has developed since the refusal.
-In the mean time, within 4 months of filing your appeal, CIC is obligated to send your hard copy file record. Don't be alarmed if they do not include a lot of documents. Apparently this is normal. You will just need to re-submit them.
-Fourth, your lawyer will draft a letter requesting an ADR to the IRB, and will include your new documents to back this up (called disclosure documents).
-Fifth- Wait.
Best of luck to you! Stay positive and keep visiting each other, if possible, to have something to look forward to.
What is your age difference and other reasons for denying you?
