ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[canadianwoman]

@ canadianwoman, thank you for your useful information and i would like to ask you one question since you also dealt with the accra office. Do you think there is hope that this letter could be a positive responds which i doubted? They did returned all our evidance to my wife and kept her original birth certificate, her school document and school pictures? why did they kept those document especially her birth cert? Thanks in advance

Their returning the evidence is one good sign, because if there is an appeal they are supposed to have this evidence to send to the Immigration Appeal Board and the Canada Border Services Agency.
It is hard to say, though. Accra often refuses. Maybe they kept her official documents because they are questioning their authenticity. They know it is easy to get fake documents in West Africa, so they might just be checking them. If that is the case, and they do refuse, at least you should be able to win on appeal, because they don't seem to be questioning whether your relationship is genuine.
I'd guess that the return of the evidence proof means they will say yes, as long as her documents check out.

 

[gsize]

Thanks gsize, you are right about the waiting and in my case i thought our case would be just straight forward yes and i even started shoping winter cloth for my wife and when she told me they said they will write i broke up in tears. I left work cos i couldn't feel my body was functioning at that moment. My heart goes to everyone going through this hell of waiting. Now instead of booking a flight i have to wait and maybe i have to book a lawyer instead.

Believe me, I know how difficult it is. However, you must stay strong !!!!! Does anyone know the waiting time for Spousal Appeal in Montreal ? ( I had to wait over 2 years in Toronto)

 

[Shiny88]

Their returning the evidence is one good sign, because if there is an appeal they are supposed to have this evidence to send to the Immigration Appeal Board and the Canada Border Services Agency.

Can you tell me how you know they need the evidence if they plan on refuse a application, do you have any link where i can confirm this info?my husband had his interview few days ago. Since his police cleareance was expired he made a new one to bring at the iinterview,however after the interview they only kept his police clearance.The iinterviewer didnt ask anything related to our marriage beside why we married in short time and if we had marriage ceremony the rest is related to me, work,rent,salary,hobby,music.. Thanks

 

[canadianwoman]

Can you tell me how you know they need the evidence if they plan on refuse a application, do you have any link where i can confirm this info?

At our appeal, the government lawyer had the originals of the application - our marriage certificates, our photos, etc. When there is an appeal, the visa office sends the application and supporting evidence to the Canada Border Services Agency, which then sends a copy to the Immigration Appeal Board and to the sponsor. All of these people need to see what was included in the original application. Now I suppose the visa officer might photocopy all the evidence, and then hand back the originals at the interview, even if they plan to refuse, but it doesn't seem like they do this usually. Most of the time, if they hand back a lot of the supporting evidence, the reason seems to be they don't need it. And so usually that means the visa will be issued. Several forum members have reported this happening to them. I would say it is not 100% a sure thing, though.
Also, if the sponsor wins the appeal, the application and all the supporting documents are sent back to the visa office (or now to Ottawa, sometimes) and a visa officer continues processing the file. So they have to have the whole file.

my husband had his interview few days ago. Since his police cleareance was expired he made a new one to bring at the iinterview,however after the interview they only kept his police clearance.The iinterviewer didnt ask anything related to our marriage beside why we married in short time and if we had marriage ceremony the rest is related to me, work,rent,salary,hobby,music..

This is a normal interview. One way they decide if a marriage is genuine is by asking the applicant about the sponsor's life in Canada. If the applicant does not know the answer to a lot of the questions, or to very basic questions, the visa officer will conclude the marriage is fake.

What happens at an appeal is explained (though not very clearly) at the Immigration and Refugee Board website here:
http://www.irb-cisr.gc.ca/Eng/Pages/index.aspx

 

[Shiny88]

At our appeal, the government lawyer had the originals of the application - our marriage certificates, our photos, etc. When there is an appeal, the visa office sends the application and supporting evidence to the Canada Border Services Agency, which then sends a copy to the Immigration Appeal Board and to the sponsor. All of these people need to see what was included in the original application. Now I suppose the visa officer might photocopy all the evidence, and then hand back the originals at the interview, even if they plan to refuse, but it doesn't seem like they do this usually. Most of the time, if they hand back a lot of the supporting evidence, the reason seems to be they don't need it. And so usually that means the visa will be issued. Several forum members have reported this happening to them. I would say it is not 100% a sure thing, though.
Also, if the sponsor wins the appeal, the application and all the supporting documents are sent back to the visa office (or now to Ottawa, sometimes) and a visa officer continues processing the file. So they have to have the whole file.This is a normal interview. One way they decide if a marriage is genuine is by asking the applicant about the sponsor's life in Canada. If the applicant does not know the answer to a lot of the questions, or to very basic questions, the visa officer will conclude the marriage is fake.

What happens at an appeal is explained (though not very clearly) at the Immigration and Refugee Board website here:
http://www.irb-cisr.gc.ca/Eng/Pages/index.aspx

thank you very much for your reply. In our case i think they sent back everything my mail with the interview letter, then for the interview we brought tons of pictures proofs of communications..etc but they didnt look at it when my husband was in with the VO,but they took all proofs 20min before they call him in for the interview. I wonder why?but when he went in to meet the VO everything was all messy on the table. so i guess they check everything he bring with him?! The translator told my hubby we have a bunch of proofs lol..is your case finalized yet?i guess yes.

 

[cher43]

My husband answered all the questions she ask him and was right about everything she ask him she kept on asking why i didn't go back he explained i had surgery and was in physio for almost 8 months everyday 5 days a week i got hurt at work and was in a fit for work program this VO told my husband she could have come back and do physio here lol yup am sure workers comp is going to let me fly there to have physio . she never gave up on this question he told her my wife has her special doctors and physio ppl there .

 

[gsize]

My husband answered all the questions she ask him and was right about everything she ask him she kept on asking why i didn't go back he explained i had surgery and was in physio for almost 8 months everyday 5 days a week i got hurt at work and was in a fit for work program this VO told my husband she could have come back and do physio here lol yup am sure workers comp is going to let me fly there to have physio . she never gave up on this question he told her my wife has her special doctors and physio ppl there .

thats what they do...they look for the weakest link and dont let go. You most likely will win in the end (most do)

 

[bbccanada]

thats what they do...they look for the weakest link and dont let go. You most likely will win in the end (most do)

Yes that is true, in my wife's case they asked her to bring some school stuff to her interview then she went to the main office to get what they were asking cos the school she attended were on vacation and she doesn't want to miss the interview. The most funny thing is that it took 2 hours for them to go through the documents and not detecting that something is not genuine then at the middle of the interview the officer was telling my wife to confess that the school cert is fake so she can issue her the visa right away. Then my wife says even if this result is fake i got it from the main office where the result are requested from those working there. I reported this case to my lawyer and he says spousal sponsorship has nothing to do with educational Cert so they can't refuse her on that ground even if the result were wrongly printed or even fake. Now i am waiting to see the out come in case they refuse her in the grounds of misrepresentation. Can i appeal if she is refused in the grounds of misrepresentation?

 

[Shiny88]

My husband answered all the questions she ask him and was right about everything she ask him she kept on asking why i didn't go back he explained i had surgery and was in physio for almost 8 months everyday 5 days a week i got hurt at work and was in a fit for work program this VO told my husband she could have come back and do physio here lol yup am sure workers comp is going to let me fly there to have physio . she never gave up on this question he told her my wife has her special doctors and physio ppl there .

lol i cant stop laughing these officer really know how to twist questions,sometime the stuff they ask doesnt even make sense. LOL i guess the officer would pay the physio later if it was done in your spouse country.

 

[Shiny88]

Yes that is true, in my wife's case they asked her to bring some school stuff to her interview then she went to the main office to get what they were asking cos the school she attended were on vacation and she doesn't want to miss the interview. The most funny thing is that it took 2 hours for them to go through the documents and not detecting that something is not genuine then at the middle of the interview the officer was telling my wife to confess that the school cert is fake so she can issue her the visa right away. Then my wife says even if this result is fake i got it from the main office where the result are requested from those working there. I reported this case to my lawyer and he says spousal sponsorship has nothing to do with educational Cert so they can't refuse her on that ground even if the result were wrongly printed or even fake. Now i am waiting to see the out come in case they refuse her in the grounds of misrepresentation. Can i appeal if she is refused in the grounds of misrepresentation?

I guess they said to admit that it was fake so they would issue the visa only to see her reaction and see if she would say it was fake or change her answer to something weird. Its call brain playing question. They said to my hubby he needs to know me more because when he asked what is the name of the restaurent fast food i go to eat?really ?how and why the hell this is important?i dont even know where the hell i eat myself i see the poster outside if it serves pizza i go in and eat i dont remember myself all the place i go eat and the name of the place and why would i tell my husband the name of the place when i eat out?its messedup

 

[Shiny88]

anyone know why they would ask as a last question ''when would like to go to canada''? thats the last question my husband was asked?

 

[canadianwoman]

The most funny thing is that it took 2 hours for them to go through the documents and not detecting that something is not genuine then at the middle of the interview the officer was telling my wife to confess that the school cert is fake so she can issue her the visa right away. Then my wife says even if this result is fake i got it from the main office where the result are requested from those working there.

The visa officers do this sometimes: they tell the applicant to admit that some document is fake or that they were lying, and if the applicant does so, they will get the visa. Don't ever fall for this! They're just trying to trick you, and if the applicant falls for it, the visa will be refused - for misrepresenation, or because it makes the applicant look like a lier and so the visa officer says he/she doesn't believe anything else now either.
Your wife's answer was fine: she said she got the certificate from the school authorities, as she was supposed to, and if the certificate turns out to be fake, well, it is their fault, not hers.

 

[frozensealion]

Re: In need of desperate help help - I received a concerns letter

You need to send them proof that you were not common-law partners for one year or more before your partner became a PR. Don't contradict anything you have already written in the application. but maybe you could explain some things to show that you were not actually common-law partners prior to 2009.

Thank you Canadian it makes sense now!

 

[bbccanada]

The visa officers do this sometimes: they tell the applicant to admit that some document is fake or that they were lying, and if the applicant does so, they will get the visa. Don't ever fall for this! They're just trying to trick you, and if the applicant falls for it, the visa will be refused - for misrepresenation, or because it makes the applicant look like a lier and so the visa officer says he/she doesn't believe anything else now either.
Your wife's answer was fine: she said she got the certificate from the school authorities, as she was supposed to, and if the certificate turns out to be fake, well, it is their fault, not hers.

Canadianwoman, you were right and she even told my wife that "I am given you a last chance to tell me who gave you the cert and i will immediately issue you the visa and wife didn't change her answer that was the point that she said we will write you by returning all the evidence we sent with our application to her. My lawyer told me they can't refuse even if the cert is not fake cos this is not a requirement for spousal application so i should relax and see what they say. Thanks Canadianwoman for you coment.

 

[cher43]

Shiny88 yes the Vo really wanted me to have physio in his country lmao it hurts that he was refused but i do have to laugh at her questions And the funny thing is i hear she married a guy from his country to . She also left out many papers she was suppose to use plus got his email wrong numeruos times i am sure they do this on purpose