cher43 said:
well just came back from my lawyers she seems to think i only have a 50 % chance of winning because of the age difference and the country he is from which is Tunisia She said i will have a adr hearing ..but told me to drop the appeal after ADr if didnt go good and start over again iam at a lose because she also said that they would most likely refuse him again
Hi Cher. I just had to add my 2 cents too. I also married a man from Tunisia, 20 years younger than I, and although my lawyer also told me that we had a 50/50 chance to win, we won our full hearing in February of this year. In my opinion, my lawyer had good reason to tell me this though, because I had a lot more going against me than just age difference. (this is also my 2nd sponsorship, 3rd marriage) Listen, don't let what your lawyer told you, bother you, please! Maybe you should get another lawyer, if she has a negative attitude, but for me, I believe my lawyer did the right thing in telling me this. His philosophy was to make us believe that it wouldn't be easy to win (and he was right), cuz he wanted me and my husband to work extra hard. We studied every chance we got, right up to the day of our appeal, and it paid off. We read thru all our chat history from day one, and studied all our proof that we sent in with our initial application, to make sure we were consistent in our testimonies. It's crucial to know important dates like, when you first met, when you first said "I love you", when your spouse proposed, how he/she proposed and what was said, and where, & who contacted who first, and when, on the internet (if that's how you met), etc., etc., etc. You have to testify how your relationship evolved in a way that is consistent, honest and makes sense to the tribunal. Future plans are also important, and what your plans are if you lose your appeal. It's important that they find both you & your spouse to be 'credible' & 'spontaneous' witnesses. If you can show them in the appeal hearing, (and you 'will' get a full hearing, or your ADR will fail, and you will go on to a full hearing), that your marriage is genuine and that your spouse didn't marry you just to come to Canada, then you can win. You don't have to show that you have a perfect marriage, just a 'real' one. Telling them that your meeting was 'destiny', usually doesn't fly with them. It has to sound believable. You can also look up old appeals on the internet which will give you a good idea, on what questions they like to ask in appeals too at http://www.canlii.org/en/ca/irb/ Don't re-apply if you lose your ADR (if you get one). Go on to the full hearing, this is your best chance. Most people who re-apply, get refused a 2nd time. (Just look up res judicata) If I can win with all I had going against me, then 'you' can win too! I know it's hard going thru all this, but 'anything worth having, is worth fighting for!' Best of luck to you!
