ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[waitingonforever]

Hi waiting You received an AOR from the IAD on November 29th? You were granted an ADR hun? a lawyer always is best as this is your future together. I observed 5 full hearings in court for experience, 4 did not have lawyers and all lost with no ADR first. The only one that had a lawyer won. Just an observance on my part.

well I received a letter and it says...We have received your notice of appeal. Please include your Immigration Appeal Division (IAD) file number whenever you contact the IAD. All of your telephone or written communication about your file must be made to the IAD registry office.
Before we can take the next step in considering your appeal, the IAD has to receive a copy of the appeal record from the Minister's Counsel. The appeal record contains the documents that are relevant to your appeal.
The Minister's Counsel must provide the appeal record to you or your counsel and to our office no later than 120 days after the Minister's Counsel received the notice to appeal from our office. The Immigration and Refugee Board is independent from CIC.

And then it goes on about you have the right to be represented by counsel at you own expense blah blah and ray ray..so I'm thinking the 120 days is when I will receive the blue book. I am getting a Lawyer to help me through this process for sure...when will they let me know if it will be a full hearing or an ADR hearing???

 

[cal2can]

Guys need ur views.. People who win the appeal & the application goes back to the concerned visa office, How long do they generally take to issue visa when they resume the applicaton??

I know it shall differ location wise... people from New delhi vIsa office can give their intakes for a better picture!!!


Thanks!!

 

[cal2can]

Congratulations and I hope all will be resolved very soon for you. Yes. I remember you :-*

Thanks Double Rainbow!!!

 

[cal2can]

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.

Sorry to hear about ur denial Melanie!! Sent you a PM in ur Inbox.. Kindly reply!

Thanks!

 

[MelanieOn2013]

Thanks everyone,
Oddly enough I only drank filtered water and bottled water yet the results were the same. Just waiting now for the rejection letter to come..guess that will be my Christmas gift.... I have contacted an Immigration Lawyer to take on our case. Still trying to get over the shock and anger of the situation. I understand they are "just doing their job" but the questions asked are a pure violation of my Human Rights in regards to my age, my Religion and my Culture. We had evidence going back to 2008, travel documents of me going over 3 times and us traveling together and I stayed at his home from Sept 2011- Jan 2012, 5 newspaper clippings of the wedding and it was aired on 4 news stations. We will have been legally married for 2 year as of Dec 14,2013. If I was a man married to a younger woman age won't not have been brought up, if I had married a Catholic my conversion would not be questioned and for the recorded I converted BEFORE I got married (Hinduism is what I've been practicing unknown to me since the age of 16 believing in a higher being, life after death but NOT following the Bible which is a very nice story but for me that is all it is no offense by any means meant to any Christians out there) and if my husband had been white or had I been an Indian asking repeatedly how our families could ALLOW us to marry or support our love even after my husband explain my brother is married to a Chinese woman and my other brother is married to a woman from Britain, her reply was British and Canadian culture are very similar and since my sister-in-law was brought up in Canada at the age of 8 she had a Canadian upbringing!!! Yeah she was raised in Chinatown surrounded by Chinese Culture my brother's mother-in-law only speaks Mandarin but this just goes to show how ignorant this woman is of the Chinese Culture here in Canada. I honestly don't know how she could of possibly qualified as an Immigration Officer apparently they were handing those positions out of Cracker Jack box.
To all those others out there don't give up hope FIGHT for your LOVE. Draw strength from your faith, your family and your love. But I would recommend getting a good lawyer especially if you are dealing with the Delhi office. I plan on returning to India in the New Year and keeping documentation of when I get sick, because of all the stress this has caused I'm starting to feel it take a toll on my body, I just hope I don't end up in the Hospital this next trip but maybe if I almost die they will accept the fact that I REALLY can't adjust there. But I'm never giving up I found my soul mate he loves me as much as I love him this has only made us stronger. And thank you so much for your support, you have no idea how much strength you have all given me, I hope I can help others as well with sharing our story.

 

[SenoritaBella]

So sorry you went through this @MelanieOn. It's a good idea you are getting a lawyer. This must be hard, however, it's important to understand where the visa officer(VO) is coming from in other to overcome the hurdles, even if you don't agree. I don't think she questions your dedication, rather it appears to me she has questions over you guys' compatibility as it relates to Indian culture.

1. Is it common in Indian culture for men to marry women who are older? If it isn't common, then your husband has to do more to explain why/show he loves you and what governed his choice.
2. age - it's a double edge sword in that depending on a woman's age, an officer could be looking to see if she can have kids. If this is not likely and the man doesn't have kids but comes from a culture where is it the norm to have kids, they will question it. I read a case on canlii where one of reasons given for refusal was that the woman couldn't have kids(not saying that's the case here). Her husband was aware but CIC found this hard to accept because in the man's culture, having kids was quite the norm. The case was dismissed on judicial review.
3. dowry - in most Indian cultures, the woman's family pays dowry in order to marry the man. Was this the case for you?
4. families are usually involved in the process in India - were both yours and his involved and supportive? Do you have evidence - pictures, emails, letters, etc?
5. visiting him, etc will help show your relationship is continuing. However, I think it's good to pay more attention to demonstrating that you guys are compatible, have a lot in common, etc. Best wishes.

 

[Habibti]

2. age - it's a double edge sword in that depending on a woman's age, an officer could be looking to see if she can have kids. If this is not likely and the man doesn't have kids but comes from a culture where is it the norm to have kids, they will question it. I read a case on canlii where one of reasons given for refusal was that the woman couldn't have kids(not saying that's the case here). Her husband was aware but CIC found this hard to accept because in the man's culture, having kids was quite the norm. The case was dismissed on judicial review.

It was my case. I am 20 years older than my husband. He is a Muslim from Morocco. At the full hearing, the questions of the Ministry's counsel were mainly about children. He could not understand why my younger husband did not want any children (I cannot have children anymore). It is a must in their culture and their religion to marry and have children.

Tell me SenoritaBella... how is it possible I cannot find our case on Canlii?

 

[harryiswaiting]

We got our ADR letter in the mail confirming we won the appeal! One step closer... ;D

 

[SenoritaBella]

Hi Habibti, you guys were eventually successful. Congrats again! Not sure why you can't find your case...did you try searching your last and his own too? I just put "sponsorship" and "refusal" and was reading different cases when I saw the one about age and not having children.

It was my case. I am 20 years older than my husband. He is a Muslim from Morocco. At the full hearing, the questions of the Ministry's counsel were mainly about children. He could not understand why my younger husband did not want any children (I cannot have children anymore). It is a must in their culture and their religion to marry and have children.

Tell me SenoritaBella... how is it possible I cannot find our case on Canlii?

 

[Habibti]

Hi Habibti, you guys were eventually successful. Congrats again! Not sure why you can't find your case...did you try searching your last and his own too? I just put "sponsorship" and "refusal" and was reading different cases when I saw the one about age and not having children.

Yes, I searched with my name and also with my husband's name. Nothing about us! Are ALL the cases on Canlii? Our full hearing took place in Vancouver in June 2012.

 

[hhassa]

My husband went for the interview yesterday but sounds like it did not go well. He answered everything correctly but officer said I am not completely satisfied. I don't know what to think. in the end she said leave your police certificate with me. she also said I will call your sponsor and then she can challenge me.


This was in Islamabad. please let me know if any one has similar situation. does this means it is rejected? if so what is the next step. I live in Toronto can I appeal in a different city to avoid long wait time in Toronto? please help

 

[Hina 123]

My husband went for the interview yesterday but sounds like it did not go well. He answered everything correctly but officer said I am not completely satisfied. I don't know what to think. in the end she said leave your police certificate with me. she also said I will call your sponsor and then she can challenge me.


This was in Islamabad. please let me know if any one has similar situation. does this means it is rejected? if so what is the next step. I live in Toronto can I appeal in a different city to avoid long wait time in Toronto? please help

Its realy sad to know that hassa . But it seems ur case would b rejected n will go for appeal . It happened with me same in islamabad .but we cant say b4 they send u letter . Did u hire a lawyer ? If no then u should hire a proffessional lawyer . My case was ruined by my consultent .it was big mistake tht my husband didnt hire a proper lawyer..

 

[Newbie01]

Does anyone know if you get refused for ADR and go to full hearing, is it a good idea to put in a 2nd request for ADR? Is it worth to re-apply? Is it worth trying to get my husband a tourist visa? So confused.
I appealed September 2012 and was told I'm going to full hearing. Still nothing!

 

[PMM]

Hi

Does anyone know if you get refused for ADR and go to full hearing, is it a good idea to put in a 2nd request for ADR? Is it worth to re-apply? Is it worth trying to get my husband a tourist visa? So confused.
I appealed September 2012 and was told I'm going to full hearing. Still nothing!

No, only one chance at ADR, if refused then full hearing, no second ADR.

 

[mikeymyke]

Does anyone know if you get refused for ADR and go to full hearing, is it a good idea to put in a 2nd request for ADR? Is it worth to re-apply? Is it worth trying to get my husband a tourist visa? So confused.
I appealed September 2012 and was told I'm going to full hearing. Still nothing!

If you get refused the 1st time, your chances of getting a tourist visa is 0% because they will think, oh you got refused, now you will come to overstay your tourist visa in Canada.