ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[bev canadian]

my husband visa was refused some months back, and i did appeal here by myself not with the help of a lawyer, and i received a letter last week saying that they got my papers and that i should wait to hear from them again. i live in calgary and ma hubby lives in thailand

pls does anyone have ideal wat next? if i need to go in for interview what are they going to ask me? and how long do you think it will take for them to get back to me again? pls help if you have any ideal..
thanks alot.

 

[love bird 43]

they can sent you ADR ,after 6 months.

 

[Mrs. Turan]

Congratulations habibti, so happy for you

 

[Cricket365]

Congratulations habibti, so happy for you

Hi Guys, I am new to this thread my application got rejected from new delhi. I need to appeal. I did not receive my rejection letter yet. So What is the way to start the procedure? Can anyone give some feedback. I am desperately dying for this.I dont have any much fund to hire a lawyer. Please help me. I am in trouble.

If my appeal gets rejected can I apply with new application again?

 

[Habibti]

Hi Guys, I am new to this thread my application got rejected from new delhi. I need to appeal. I did not receive my rejection letter yet. So What is the way to start the procedure? Can anyone give some feedback. I am desperately dying for this.I dont have any much fund to hire a lawyer. Please help me. I am in trouble.

If my appeal gets rejected can I apply with new application again?

How did you know you got rejected? Do you know the reasons for refusal? The first step is to order your notes as it takes 4 to 6 weeks to receive them. You will understand what and where went wrong. I don't know if you had any red flags like us but it is worth it to borrow money to hire a legal aid as your whole life/marriage is at stake. Without our immigration consultant, we could not have succeeded... due to the red flags. With the refusal letter, you will also receive a form called "Notice for Appeal". You have to fill it out and I think you have 30 days to send it.

 

[Cricket365]

How did you know you got rejected? Do you know the reasons for refusal? The first step is to order your notes as it takes 4 to 6 weeks to receive them. You will understand what and where went wrong. I don't know if you had any red flags like us but it is worth it to borrow money to hire a legal aid as your whole life/marriage is at stake. Without our immigration consultant, we could not have succeeded... due to the red flags. With the refusal letter, you will also receive a form called "Notice for Appeal". You have to fill it out and I think you have 30 days to send it.

Can not I submit a new application? What is better to appeal or submit a new application instead or if appeal gets rejected then submit an application. What kind of red flag you are talking about?
I know I am rejected because my VO told me that. I have not received my refusal letter yet.

 

[rathika2011]

Can not I submit a new application? What is better to appeal or submit a new application instead or if appeal gets rejected then submit an application. What kind of red flag you are talking about?
I know I am rejected because my VO told me that. I have not received my refusal letter yet.

you can reapply but the visa officer can reject you in the same grounds..when my hubby got rejected back in nov 2011 i didn't wait for the rejection letter hired a lawyer and appealed with out the rejection letter..once when i got the rejection letter mid of jan 2012 i send a copy to the iad office that way i saved a month and a half..yes habiti is right order your caips note and see what are the red flags that had the visa officer reject u in the first place and start gathering more evidance..its a battle but sure will be worth it in the end..what were the reason u got rejected did the visa officer tell u at the interview?

 

[Cricket365]

you can reapply but the visa officer can reject you in the same grounds..when my hubby got rejected back in nov 2011 i didn't wait for the rejection letter hired a lawyer and appealed with out the rejection letter..once when i got the rejection letter mid of jan 2012 i send a copy to the iad office that way i saved a month and a half..yes habiti is right order your caips note and see what are the red flags that had the visa officer reject u in the first place and start gathering more evidance..its a battle but sure will be worth it in the end..what were the reason u got rejected did the visa officer tell u at the interview?

The visa officer said the marriage is not genuine and one more thing that is my wife's divorce certificate my vo is saying not proper. So my vo's point is that basically your marriage is not genuine at all. She said your wife has to take a proper divorce first then she has to remarry you again. this is silly and ridiculous because we got official authorization letter from Ontario government after submitting that divorce letter. so was that valueless? they ignored that totally.

 

[rathika2011]

The visa officer said the marriage is not genuine and one more thing that is my wife's divorce certificate my vo is saying not proper. So my vo's point is that basically your marriage is not genuine at all. She said your wife has to take a proper divorce first then she has to remarry you again. this is silly and ridiculous because we got official authorization letter from Ontario government after submitting that divorce letter. so was that valueless? they ignored that totally.

sry to hear what you went through..the only thing my husband did was at the interview was didn't properlly explain my health situation and me being on odsp this waS the only reason she rejected my hubby. vo said that our marriage is not genuine..so i really didn't want to waste any more time reappling cause i know that the visaofficer will reject me on the same grounds again..so i went ahead and appealed.now i am here with hubby i will be leaving aug 9 had a great time with hubby for 5 months and also collected more evidance to support my appeal hope to get a date soon..so what are u planning to do appeal or reapply? my advice is that go ahead appeal the decision so that u won't be wasting any more time good luck keep me posted..

 

[Habibti]

sry to hear what you went through..the only thing my husband did was at the interview was didn't properlly explain my health situation and me being on odsp this waS the only reason she rejected my hubby. vo said that our marriage is not genuine..so i really didn't want to waste any more time reappling cause i know that the visaofficer will reject me on the same grounds again..so i went ahead and appealed.now i am here with hubby i will be leaving aug 9 had a great time with hubby for 5 months and also collected more evidance to support my appeal hope to get a date soon..so what are u planning to do appeal or reapply? my advice is that go ahead appeal the decision so that u won't be wasting any more time good luck keep me posted..

Rathika is right. If you apply again, they will reject you on the same grounds as nothing has changed. You have to comply with what they are asking you and present this new evidence to the court. I must say I am not sure what they are talking about since you got divorce papers from Ontario! And you have to remarry? That is ridiculous! I am not sure to understand... I got my divorce certificate in September 2010 from the court in Vancouver, then it got stamped at the Ministry of Foreign Affairs in Ottawa in December 2010 because it is a requirement to have the divorce certificate legalized in order to get married.

Where are you in Canada?

Our main red flag was the huge age difference.

 

[Cricket365]

Rathika is right. If you apply again, they will reject you on the same grounds as nothing has changed. You have to comply with what they are asking you and present this new evidence to the court. I must say I am not sure what they are talking about since you got divorce papers from Ontario! And you have to remarry? That is ridiculous! I am not sure to understand... I got my divorce certificate in September 2010 from the court in Vancouver, then it got stamped at the Ministry of Foreign Affairs in Ottawa in December 2010 because it is a requirement to have the divorce certificate legalized in order to get married.

Where are you in Canada?

Our main red flag was the huge age difference.

No the divorce certificate was from Pakistan, My wife was from Pakistan but when we sent this to Ontario marriage counsil they sent us the approval to get married. So we thought everything is fine so we got married. Now they are saying it is not valid so get divorced from your previous husband first and then again marry and come. So as we are already married to Canada how come she will get the previous marriage divorce certificate from Canada? and how come Ontario government gave us the approval to get married?

 

[CharlieD10]

No the divorce certificate was from Pakistan, My wife was from Pakistan but when we sent this to Ontario marriage counsil they sent us the approval to get married. So we thought everything is fine so we got married. Now they are saying it is not valid so get divorced from your previous husband first and then again marry and come. So as we are already married to Canada how come she will get the previous marriage divorce certificate from Canada? and how come Ontario government gave us the approval to get married?

Just as a marriage has to be valid in the country where it took place to be valid in Canada, the same is true in the case of a divorce. Was your wife's divorce decree issued by Pakistan or Canada? Where does her former spouse reside? You need to check the validity of your spouse's divorce, that seems to be a concern for ND. If your spouse's divorce was not valid, then her marriage to you is also invalid and you will need to get a proper divorce decree to end her first marriage, and then re-marry her.

There appears to be a legal impediment to your marriage, so order your GCMS notes and understand EXACTLY what the objection was to the legality of your marriage and address that as well as the issue of the genuineness of the marriage during your appeal preparations.

Re-applying without addressing these matters will get you exactly where you are now and in an even worse position. It's called "res judicata" and it means "the matter is already decided", and two refusals means you have next to zero chances of having a third application heard.

 

[PMM]

Hi

Just as a marriage has to be valid in the country where it took place to be valid in Canada, the same is true in the case of a divorce. Was your wife's divorce decree issued by Pakistan or Canada? Where does her former spouse reside? You need to check the validity of your spouse's divorce, that seems to be a concern for ND. If your spouse's divorce was not valid, then her marriage to you is also invalid and you will need to get a proper divorce decree to end her first marriage, and then re-marry her.

There appears to be a legal impediment to your marriage, so order your GCMS notes and understand EXACTLY what the objection was to the legality of your marriage and address that as well as the issue of the genuineness of the marriage during your appeal preparations.

Re-applying without addressing these matters will get you exactly where you are now and in an even worse position. It's called "res judicata" and it means "the matter is already decided", and two refusals means you have next to zero chances of having a third application heard.

The wife was probably not resident in Pakistan for 1 year or had insufficient ties to Pakistan. So the divorce would probably not be valid under the Divorce Act of Canada


Recognition of foreign divorce

22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.

 

[Cricket365]

My wife got the divorce certificate from Pakistan because She was in Pakistan then and his former husband was also PAK citizen then. They married also in Pakistan. But its been 4 years since their divorce. So what is the best option for me now if the visa officer mention this as one of the reasons in the rejection letter.

 

[u.asha]

Hello everyone...
I sponsored my husband in April 2011 the file was send to colombo on may 2011... they called him for an interview on may 2012.. then she rejected him saying that our relationship is not genuine.. because we didn't have the Hindu wedding.. and we didn't write letters to each other...
so I did the appeal and received a letter from IRBC on July 27 2012 saying that they received my appeal and they should get the Minister's Counsel record within 120days.
I am not sure if I have to get that for them or the Minister's Counsel will send it to them?... How long would it take them to send that?..