ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[sheraz_aries]

He lives in SAINT LAURENT, QC Canada.

When you say 15-30 days appeal time period. He had Canadian permanent residence when application was filed in Islamabad-Pakistan however during processing he got Canadian citizenship. All we have received so far is an email do you know many days we would have to file the appeal 15 or 30 ( we are still waiting for the same to be delivered by post )


Secondly what are the chances of getting Adr in our favour?

What is blue book and when we going to receive it?

 

[rajinregina14]

Hello Friends,

My appeal office is Vancouver, We received bluebook in Nov 14 & the appeal was filed in Sep 14.

We haven't heard anything after that, its been already 9 months since the appeal was filled, Can someone tell me how we would know whether we got ADR or full hearing? All I heard is vancouver takes less time but it seems to be longer in my case.

Thanks in Advance

 

[gsize]

Hello Friends,

My appeal office is Vancouver, We received bluebook in Nov 14 & the appeal was filed in Sep 14.

We haven't heard anything after that, its been already 9 months since the appeal was filled, Can someone tell me how we would know whether we got ADR or full hearing? All I heard is vancouver takes less time but it seems to be longer in my case.

Thanks in Advance

More than likely you will go to full hearing. Consider yourself lucky that your not in Toronto (28 months) You will hear from them very soon as Vancouver wait times are a lot shorter. Im not sure, but I think the wait time is about 1 year.

You can also call them and see what they say but don't hold your breath.

You can also try to get in touch with your MP office. Sometimes they are helpful


Best to keep busy at this difficult time. Never give up !!

 

[MaryL]

hello all,
My husband had interview on may 21, with a Quebec woman who was not pleasant. She give whole other interview with similar situation earlier that day. We got a refusal email about a full day later. Now we deciding what to do. First thought is appeal. We see one person who reapplied and got his vIsa. Anyone's thoughts? Am messaging members on here but no reply yet. Sorry to be a bother.

 

[suzanne2014]

If I have too get an appeal I live in Alberta so I think mine will be in Calgary what are the time lines for there hearing dates?

 

[habeeb]

#hoaphuong
You are right, the lawyer can't come in to ADR with you, it's a very informal setting designed to resolve fairly uncomplicated matters that don't require the judge to speak with the applicant and so lawyers are not part of the process. However if you feel you need guidance, a lawyer can still help you gather evidence, make recommendations of what you can do to strengthen your case, they can file papers for you and prepare you with questions/answers. Even if you are refused after ADR and have to go on to a full hearing, you do not have to hire a lawyer. There are many ppl on here who went thru ADR or full hearing or both who succeeded without the help of a lawyer or immigration consultant. It depends on your confidence, your organizational skills, your ability to find out everything you need to know and do to prepare yourself, and it depends on how complicated your case is. Immigration consultants can also help with ADR or full hearing and are less expensive but they can't represent you in full hearing, only a lawyer can. Hope this helps

 

[habeeb]

MaryL
It is very difficult to reapply after denial if the denial is based on the grounds of the marriage not being genuine, or if they deem your spouse is not genuine. If you reapply you will most likely be refused on the same grounds. If you appeal, then you are under a burden to prove the VO was wrong in deeming your spouse/marriage is not genuine, and the wait time is sooooo very long. On the plus side, my lawyer tells me many of the courts in Canada are much more open minded than most overseas VOs. They don't even care if there is age, religious, cultural differences or if the wedding was not following cultural norms. They only look at the quality of your relationship, such as how much time you spend together, how often you visit, how well you know each other and any evidence that you have mingled your lives together such as joint accounts and life insurances/benefits etc.
It's hard to say which is the better choice for you.

 

[MaryL]

Thank you for your reply habeeb. We are leaning towards appeal. I not only don't agree with a refusal, I have a problem with the way the interview was conducted. This VO answer her own questions, she was condescending. Did not take our latest proof. But another couple in similar situation, get their visa. Only real differences she had two previous marriages and two previous children. None with current spouse.
I appreciate your response, take care

 

[forja]

Thank you for your reply habeeb. We are leaning towards appeal. I not only don't agree with a refusal, I have a problem with the way the interview was conducted. This VO answer her own questions, she was condescending. Did not take our latest proof. But another couple in similar situation, get their visa. Only real differences she had two previous marriages and two previous children. None with current spouse.
I appreciate your response, take care

hi maryl want to ask about the reasons to refuse your visa ? you said the other couple had similar situation which is same age difference , and previous marriage as you is that right ?

 

[rajinregina14]

More than likely you will go to full hearing. Consider yourself lucky that your not in Toronto (28 months) You will hear from them very soon as Vancouver wait times are a lot shorter. Im not sure, but I think the wait time is about 1 year.

You can also call them and see what they say but don't hold your breath.

You can also try to get in touch with your MP office. Sometimes they are helpful


Best to keep busy at this difficult time. Never give up !!

Thanks a lot Gsize, I hope I would hear soon. It's been really long wait, stupid robots.

 

[eminem_n_rihannah99]

We waited 2 years to put in the sponsorship because - to put it frankly - what happened with my friend when she brought her husband to Canada and how he took off moments later scared me. My husband understood that, he wasn't pleased with my decision of waiting because he wanted to be with me to help ease my worries and stress, but he did. Of course I wanted to be with my husband more than anything, but I think having a marriage fraud happen so close to home really effected my mind at that time. I felt that if we waited more time, it would help show immigrations that our relationship was genuine and that my husband was not using me just to get to Canada as fast as possible, since we got "married so quickly".

Yes he was unable to work in his profession while being married to me. Firstly because I travel to Cuba every 3 months for 2 weeks to a month, and as a professor he cannot take that time off. Second because I am a Canadian. Because of the communist government there, even if he could find a job no one would hire him because they wouldn't want to be in trouble with the government. It's a sticky situation there when being married to a foreigner.

I am sorry to hear that the result didn't turn out as you had hoped. Imho I think that highlighting your insecurities about hubby leaving after landing in Canada only let her see that you truly didn't trust your hubbys love for you.

I would have advised to not reveal the worst case scenario about your friend.

 

[hoaphuong2013]

#hoaphuong
You are right, the lawyer can't come in to ADR with you, it's a very informal setting designed to resolve fairly uncomplicated matters that don't require the judge to speak with the applicant and so lawyers are not part of the process. However if you feel you need guidance, a lawyer can still help you gather evidence, make recommendations of what you can do to strengthen your case, they can file papers for you and prepare you with questions/answers. Even if you are refused after ADR and have to go on to a full hearing, you do not have to hire a lawyer. There are many ppl on here who went thru ADR or full hearing or both who succeeded without the help of a lawyer or immigration consultant. It depends on your confidence, your organizational skills, your ability to find out everything you need to know and do to prepare yourself, and it depends on how complicated your case is. Immigration consultants can also help with ADR or full hearing and are less expensive but they can't represent you in full hearing, only a lawyer can. Hope this helps

Thank you for a great information Habeeb, I think I will need a lawyer, I guess I should ask the lawyer to file the appeal paper for me too, is it a straight forward form ? I heard we have 30 days after the date we receive the refusal notice, as long as I have the post office stamp my appeal letter prior or on the 30th day, I should be good, right ? Thanks again for your help, I'm still researching to find a good and reputation lawyer, amongst the 4 you recommended, do you have a reference or heard from your friend of the best one ? I dont know what to ask them to find out whether they are good or bad.

 

[ja_007]

Re: Application got Rejected

My Sister's application ( sponsored by her husband - Canadian National ) was filed in Pakistan. After long wait she had an interview in Islamabad - Pakistan and now after 2 months she received email saying its a rejection as they are not satisfy with the documents and information provided. They believe that the marriage is not genuine. Its a shock for us as she waited so long and provided every possible document to support her application. Now she will appeal against the decision.


My Questions are:

1) Where the appeal would be filed ( Canada or Pakistan)?
2) Would it be filed by her or by her sponsor (husband - in Canada )?
3) What's the appeal process ( It would be great if somebody could explain different steps along with approximate timelines. )
4) What's the current timescale for the appeal process?

Any detail response would be really appreciated.

1) the appeal has to be filed in canada by the sponsor.
- you have to wait for the rejection of visa letter to come in the mail from the home country visa office. The appeal must genereally be made within 30 days from the day the decision was made to deny the visa. All the info. Is provided in the rejection letter that your sister will receive by mail.
3) 1st step: file for an appeal; u don't necessarily need a lawyer to file for an appeal(that's if you can handle the paper work)
2nd step: IAD in canada will contact the home country visa office to send back to canada all the proper documents/notes/sponsorship papers of the applicant. IAD will notify the sponsor here of every step being taken. This process of gathering all the information takes 120 days.
- after the 120 days, the IAD in canada will review the information gathered and will decide if the appeal is to be given a; ADR(alternative dispute resolution) or full hearing.
- if an ADR is decided, this date will be scheduled within 3-6 months from the time u receive your blue book. An ADR is usually helping to fast track the processing the entire appeal case.
- if a full hearing is decided, this date will be scheduled about 12-16 months from the time u recived your blue book.
3rd step: additional proofs/evidence can be submitted to further justify the relationship to the IAD just as your ADR/full hearing date is getting closer.
4th step: after winning the case, the file will be processed either in canada(Ottawa) or the home country visa office. Processing time here varies.

Hope this helps.

 

[Mrs.S]

ADR is granted when they feel there are a few issues that can be resolved quickly. There is no guarantee that you will get it. Wait time in Toronto has been about 28 months for a full hearing. Best to stay busy during this difficult time and never give up !

Thanks for the advice,
I'm almost sure I'll get an ADR instead of a full hearing because there are not a lot of issues in my case.

 

[Mrs.S]

He lives in SAINT LAURENT, QC Canada.

When you say 15-30 days appeal time period. He had Canadian permanent residence when application was filed in Islamabad-Pakistan however during processing he got Canadian citizenship. All we have received so far is an email do you know many days we would have to file the appeal 15 or 30 ( we are still waiting for the same to be delivered by post )


Secondly what are the chances of getting Adr in our favour?

What is blue book and when we going to receive it?

They will send him a letter explaining the reason for rejection and also they will mention within how many days you have to file the appeal. That means you have to file it before that time is up.

Regarding ADR, if you get that, I'm advising you to gather as much evidence as possible to support your case so you will be successful at ADR. Evidence includes all phone records, emails, letters, cards, copies of travel documents showing visits made, pictures of the couple together, records of any money sent to spouse etc. Also make sure you know everything about each other so when they ask at the ADR both person will be able to answer and be on the same page.

The blue book is the immigration file, it contains a copy of the forms that you filed out and sent in to sponsor your spouse, the records of the interview, a copy of all the evidence you submitted like photos, letters etc. and also the reason(s) why they refused to issue the visa.

I filed for appeal in January this year and received my blue book in April.

I hope this helps. I know this process can be really stressful but you just have to be strong and have lots of hope and faith and everything will be ok.