ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[RUPI]

Hi stressed wife
The original port where you were applied from can make a another objection if they find some new evidence on file or if they had missed something previously. This can sometime happen if you won your appeal through adr, as your file is tranferred to original office where you were interviewed for reconsideration with different visa officer. So the officet go through file and will send email for medical, police clearance and then ask for passport for visa to be stamped. If they have issues they can ask for more proof and evidence. Hope this can shed some light and may be someone else from this forum can shed some more light on this issue.

 

[Stressed wife]

Hi stressed wife
The original port where you were applied from can make a another objection if they find some new evidence on file or if they had missed something previously. This can sometime happen if you won your appeal through adr, as your file is tranferred to original office where you were interviewed for reconsideration with different visa officer. So the officet go through file and will send email for medical, police clearance and then ask for passport for visa to be stamped. If they have issues they can ask for more proof and evidence. Hope this can shed some light and may be someone else from this forum can shed some more light on this issue.

I won thru full hearing after 3 yrs after my interview,they knew all along I went to USA illegal,theybquestioned me at interview in details,niw they asking again for me to write the same details,im just worried as our lawyer is saying if they want they can use this to make me inadmissible to Canada.

Why now,why they didn't deal with this before appeal or at appeal,why now when we have our hopes so high, my hubby is just frustrated. Plz send any info that is helpful niw,thanks

 

[rathika2011]

I won thru full hearing after 3 yrs after my interview,they knew all along I went to USA illegal,theybquestioned me at interview in details,niw they asking again for me to write the same details,im just worried as our lawyer is saying if they want they can use this to make me inadmissible to Canada.

Why now,why they didn't deal with this before appeal or at appeal,why now when we have our hopes so high, my hubby is just frustrated. Plz send any info that is helpful niw,thanks

hey gango is waiting your very very welcome and thank you 4 ur wishes we will meet up soon...

stressed wife people correct me if im wrong..at the hearing they only deal with what the visa officer refuse you under...after you won the appeal if something came up then they will ask you to write a letter explaining so write a detail letter explaining everything and don't worry ur in my prayers everything will work out 4 u soon good luck..

 

[Tina dhaliwal]

Re: ALL SPOUSE APPEAL CASES COME HERE AfiND JOIN US PLZ

hello friends i am Tina Dhaliwal back on this forum again , i just came back from India after visiting my husband for three months and got my GCMS notes today.I wana tell the friends on the forum who don't know about my case that my husband's visa was refused because they believe that our marriage is not genuine.

This is my second marriage and my husband's first marriage, I came to Canada with my first husband as the skilled worker,I was the primary applicant.That marriage did not work and we got separate and got divorce in 2 years.My second marriage is arrange marriage, I was in Canada,my parents found this guy for me in India and we talked on the phone and skypee for 6 months and then i went to India and got married to him but i just got a new job at that time so could not spend much time with him and came back in 12 days after marriage.

but after marriage i already went 2 times to visit my husband and this time i spend almost 3 months with him.


Visa officer has following following notes and concerns.

1 she asked my husband do you have family in Canada
?

My husband's answer
Yes my elder brother and his family and my parents.

2 why are so marrying so late.

Ans: I was studying and then was trying to settle and trying to find a good job.

3.Since after being removed from parents family class sponsorship as my husband's age was not of being dep were your parents looking for a match for you.

Ans:In the Notes answer is No but my husband said he never said no,he said yes and my husband have all those matrimonial e-mails in his in box which they were sending or getting before he found me.
4.Who proposed this marriage ?

Ans: my husband said my uncle and immigration officer said why your uncle,why not ur parents trying to find a match for you.

Actually uncle just suggested me to my husband's parents,not that he decided our marriage.


5.This is your first marriage and his is your wife's second marriage.Why did you marry a divorcee ,was that possible that you marry a girl in India who is divorcee too?

Ans: My husband said that being a divorcee is not a crime.We came to know each other on phone and sky pee,our families were known to each other for years i found a perfect life partner in her but immigration officer in her notes just wrote that my husband just answered that it is ok to be married to a divorcee.Which is not the exact answer that my husband gave.

6.When did you met first time in person before getting married ?

Ans On 9th May .

7.when was the marriage ?

Ans On 12th May.

8.How could you take such a big decision to get married to some just after meeting 3 days.

Ans: We met 3 days before the marriage but we were talking and were in contact with each other before six months of our marriage.So We were not strangers at all.


9.How could your wife say yes to marry you without meeting you when her first marriage was a failure?

Ans:As i told you we got time to know each other before getting married.we shared our ideas and thoughts on the phone,on face book and on skypee.We have record of all this communication.

10.What did the parents do to save the first marriage?? Did any of the parents went to Canada to save the marriage.

Ans: My husband said they must have tried but as he was not present in their family at that time so he doesn't know what happened and how they tried to save their marriage.

Some of concerns that she has

1.Me and husband were not looking happy and comfortable in the wedding photos .

This is absolutely false..we are smiling in all our wedding photos and we were very comfortable with each other...my marriage photos speak for them self.

2.The attendees ,none of them was in celebratory mood.

False again..every one was very happy and joyful..have lots of photos wedding party where people look so happy and enjoying the wedding party.

3 My husband seems to lack of knowledge about me like my likes and dislikes.

my Husband said the immigration officer did not ask even a single question about my likes and dislikes to him. We don't know how could she mentions so in the notes.



And my first marriage seems a MOC as we may have got married just to increase my points for being qualified for the SW catorgry.


All the concerns of immigration officer are baseless.First thing is that my first marriage was not a MOC,it was a true relationship but did not work and moreover my x-husband after divorcing me went back India to get married and his wife is already here.If our marriage was fake how could his wife get visa nd my husband can not.



I am really very Upset..need your suggestions please..

I will really appreciate you replies.

 

[Stressed wife]

hey gango is waiting your very very welcome and thank you 4 ur wishes we will meet up soon...

stressed wife people correct me if im wrong..at the hearing they only deal with what the visa officer refuse you under...after you won the appeal if something came up then they will ask you to write a letter explaining so write a detail letter explaining everything and don't worry ur in my prayers everything will work out 4 u soon good luck..

Tha k you rathika, from beginning of interview visa officer dealt with me going to America illegal,and all the details,so all along this is the big issue, then at appeal it was dealt with,now again I'm just confused right now and worried as to what and how much loner we have to be separated, my hubby is not that great health wise,plz any info is appreciated. Thanks

 

[SenoritaBella]

@ Tina, sorry about your husband's refusal. I really think CIC should consider taping the interviews to prevent misunderstandings or inaccurate entry of applicant's answers.
About your GCMS notes, on the surface it looks like you guys can overcome this on appeal. But it will be good to practice a lot with your husband so that he is comfortable expanding on his answers. From my perspective, while your husband answered the questions, it seems his answers did not satisdy the officer or get at the root of what were his/her concerns. Example:

5.This is your first marriage and his is your wife's second marriage.Why did you marry a divorcee ,was that possible that you marry a girl in India who is divorcee too?
There's nothing wrong with your husband's answer but I think the officer wanted more information. The way he answered the question probably left the officer wondering - if he says being a divorcee is not a crime, why hasn't he married a divorcee who lives in India? Why is he marrying one who lives in Canada? Could he be using her to go to Canada? He has many family members which is a strong pull factor to want to be in Canada, etc. See what I mean? Perhaps he could have also mentioned the things he finds attractive in you, etc to explain why he choose you, why you are unique, what you have in common, etc and he was willing to look beyond you being a divorcee.

8.How could you take such a big decision to get married to some just after meeting 3 days.
This is a question you will get from anyone who does not know about or understand your culture. I think explaining your Indian culture, how it ties in with your relationship, any background checks that were done by both families to ensure you guys were a suitable match, etc. All these will help the officer understand that though you got married 3 days after, there were safeguards in place and you guys kept in touch for the past 6 months.

9.How could your wife say yes to marry you without meeting you when her first marriage was a failure? - Same thing as #8 above.

10.What did the parents do to save the first marriage?? Did any of the parents went to Canada to save the marriage.
This question was asked in the context of your culture where it is common for parents to do all they can to save the marriage. This seems to what has the officer convinced your 1st marriage was a MOC. So you may want to discuss it with your husband so that he knows for next time.

On a different note, when you wrote your relationship story did you discuss your culture, how the match was made between you guys, the checks done by both families, etc?

 

[Tina dhaliwal]

Thanks SenoritaBella for replying me.I really appreciate your help.yes in the sponsorship the story of how the match was made is written in detail,for example my Uncle and his uncle are from the same village,they are neighbors means my mom and his mom were childhood friends too.So the families were known to each other for years.His Uncle talked to my uncle and both of them proposed this marriage to our parents.This whole story is written in the notes.Background checks were done from my side by my parents by asking some of the neighbors of my husband and my in laws too who are in Canada send someone they know in my city to meet me and they then they them self came to visit me before marriage so that they can see me and talk to me.But this is not mentioned in the Story of marriage,but just how we found each other.

 

[MidDawn]

Hello everyone,

I need your thoughts/advices please... i am worried, confused and don't know what to think.

Our conjugal application was refused Nov 2012...we appealed it and we were given ADR date schedule on July 2013 but we got a letter from the IAD telling that our case will be transferred to Full Hearing until May 2014 we got a schedule for a Full Hearing last September 8. The hearing was in Toronto. The supposed adjudicator who will assess and hear our case is absent so what happen was the adjudicator send a representative instead. The reason given why the adjudicator is absent was health reason.I don't know if it is a usual practice to tape record everything that transpired during the hearing but as what the representative said, the tape record will be given to the Adjudicator. There is no outright decision made during the hearing but the representative said to my partner that there are two possible things to happen... First : they will have the written decision in 1 to 3 month time Second : The IAD might call for video conference with my partner before making the decision.

I am really worried about our appeal... does this kind of situation usually happen? Does this mean that the adjudicator will base his/her decision by listening the tape record along with the impression/assessment of the representative? I would like to believe that the first option is more on the positive side that the Adjudicator will send the written decision in our favor after reviewing the tape record of the Hearing. And the second option is when after the Adjudicator reviewed the tape record of the Hearing and not being satisfied, that's the time that they will request for video conference.

Enlighten me please.... i have no problem with another waiting time but having this feeling of being clueless and uncertainty is freaking me out...help me please...

 

[Gango is waiting]

hi friends
the at the ADR after we won, the panel has told my husband that it may take 4, 6 8, months or 1 year but no more than 1 year. and also he has told that he will give priority for our file bcoz theres a child was concerned. what that means my friends? it means the visa post will make the arrangements sooner? take less time? plzzzzz reply me. was others also replied like this after winning the ADR? thnx

 

[Karan751]

hey gango is waiting your very very welcome and thank you 4 ur wishes we will meet up soon...

stressed wife people correct me if im wrong..at the hearing they only deal with what the visa officer refuse you under...after you won the appeal if something came up then they will ask you to write a letter explaining so write a detail letter explaining everything and don't worry ur in my prayers everything will work out 4 u soon good luck..

Plz help me my wife sponsered me and our appeal date is on 15 jan2015.how do we prepare for our appeal and how long can it take after that as we have a kid who is staying with me since 2 years .he was born in canada.

 

[Gango is waiting]

under which ground you were refused?

 

[Taycaoco]

hi friends
the at the ADR after we won, the panel has told my husband that it may take 4, 6 8, months or 1 year but no more than 1 year. and also he has told that he will give priority for our file bcoz theres a child was concerned. what that means my friends? it means the visa post will make the arrangements sooner? take less time? plzzzzz reply me. was others also replied like this after winning the ADR? thnx

When did you win your ADR? Holy crap, 1 year of waiting? I won too and I don't want to wait for 1 more year. These people are very cruel.

 

[scylla]

Hello everyone,

I need your thoughts/advices please... i am worried, confused and don't know what to think.

MidDawn - You asked this question back in January of this year and several of us offered opinions here:

http://www.canadavisa.com/canada-immigration-discussion-board/refused-reapply-or-appeal-t132200.15.html

To be extremely honest with you, your chances of success are very low and you're right to be worried/concerned. Unless something has recently changed, you have only seen your partner twice in the last 5 years (once in 2009 and once in 2011?). Even if you went for a short visit this year, I still don't think CIC is going to see this as a true conjugal relationship. I would unfortunately be prepared for a refusal. In January several of us suggested that you try visiting a third country where you are allowed to get married in order to marry and reapply as a married couple. Have you looked into this? I really think you need a back up plan.

 

[ja_007]

Hello Everyone,

I need some advice, a family friend of mine who had their interview in new delhi earlier this week had their visa application wrongfully declined. Their main redflag was that the applicant(husband) is 6 years younger than the sponsor. It's a genuine relationship. The had much evidence to show for it, but unfortunately the visa officer wouldn't listen to any of it and blatantly rejected the applicant's visa because of the main redflag. Now, they would like to appeal this decision. But they lack the knowledge of moving forward in this step. I hope you guys can shed some light into what steps need to be taken inorder appeal the case.

Does the case have to be appealed in India or Canada?
How long is the waiting process for an "appeal case" take?
Does a lawyer need to be involved in this? or can they appeal without a lawyer?

Thank you. I look forward for anyone's reply.

Cheers.

 

[MidDawn]

MidDawn - You asked this question back in January of this year and several of us offered opinions here:

http://www.canadavisa.com/canada-immigration-discussion-board/refused-reapply-or-appeal-t132200.15.html

To be extremely honest with you, your chances of success are very low and you're right to be worried/concerned. Unless something has recently changed, you have only seen your partner twice in the last 5 years (once in 2009 and once in 2011?). Even if you went for a short visit this year, I still don't think CIC is going to see this as a true conjugal relationship. I would unfortunately be prepared for a refusal. In January several of us suggested that you try visiting a third country where you are allowed to get married in order to marry and reapply as a married couple. Have you looked into this? I really think you need a back up plan.

Thanks for your response scylla.. i really appreciate it.... i was just wondering what's the motivation of the two options given...it seems to suggest that the appeal hearing is not yet 100% done..