ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[gsize]

Hey guys m a very new member on dis appeal forum. My hubby also got rejected for visa on his interview and m going to bring this matter the public contacting by Toronto star I contact them and asked them if they can knock the immigration door bcos the immigration visa officers are just out of control nd Toronto star is ready to hear me and asked me to email them my story nd situation nd they ll definitely help me as I can't afford lawyer fees nd I want immigration to send my case wid other VO for re consideration the decision. Anyone who wants to do the same cam pm me.

your timeline is not long. Try waiting 5 years.

 

[soblue3]

Aww, seems that most appeal cases here have the same issues, culture and age difference. Really i am starting to wonder what is a canadian culture exactly. Considering majority of canadians are immigrants from all over the world. I really sympathise with all of you waiting for so long. And the age difference thing...i thought ageism was illegal in canada. Who has the right to tell people whom they should be falling in love in or not. To be honest i am very happy my husband is from a different culture. He does not drink and does not do drugs. I also was not born in canada so they would not even know what my culture is if they want to get technical. I was married to a canadian before but he was into drugs and alcohol. Many students at the university also experimented with drugs and alcohol and partied. I am happy i found somebody with a culture that frowns on that behaviour. The question is what it this canadian culture, i have been here many years but i am really confused. I wish there was a right to appeal to human rights group. I can understand if the Immigration actually finds that one of the partners has a potential for criminal behaviour, or if the history of the marriage has many break ups ...or if they find actual proof. It just does not seem fair that human lives can be ruined by a person who never met many of you or your spouses. I have an interview coming up and i am worried sick i will be writing about my case in the appeal section soon. Its starting to make me mad. My husband and I love each other, yes i am older than him but it is not an issue for us. We are from different so called "cultures" but i lived in 3 different countries so my culture is not so clearly defined even for me..so how can it be for an immigration officer who has never met me. Really i am worried and sympathizing with you people who have been waiting for years. There should be a way to have more fairness in this process.

 

[mikeymyke]

I agree that it doesnt matter age or culture difference, as long as the marriage is genuine, the sponsored spouse should be allowed into the country. However, the problem is that VOs cannot read your minds and cannot make a true determination if your marriage is genuine or not, so they have to rely on "red flags" like age, cultural difference, etc. There's really no choice other than to do that, besides letting every spouse into Canada regardless of background. So because of this, it's our job as the sponsors to ensure that the PR application is solid, with lots of evidence.

Age differences in countries like USA, Australia, obviously this is not an issue, but in other countries, its viewed as a red flag (even though Canadian culture is full of couples like this), because in THOSE countries, age difference are unusual. CIC has to judge relationships based on the applicant's country, not whether it's similar to Canadian culture. They might think that a person who grew up in a country where age differences are unusual, he/she will grow up with those kind of views into adulthood, and for him/her to marry a Canadian with a large age difference, then that means for that person to break his own cultural norms, he/she must have an ulterior motive for the marriage. I've noticed that in many cases in which an age difference is present, 9 times out of 10, its usually the younger spouse that's the one being sponsored. Usually the younger, non-Canadian spouse has a greater incentive to enter Canada, and can more easily manipulate an older Canadian spouse, than could a younger Canadian spouse, because an older Canadian spouse feels his/her life is shortening and wants to quickly find a life partner, , at least that's what I think CIC feels . I don't know

 

[SenoritaBella]

It is him that needs to show his relationship with you(sponsor) is genuine and was not entered into primarily to obtain a status, not vice-versa. So it does not look good that your evidence does not contain emails, calls, etc from him. If I were you, I would be interested in knowing - a) how is he paying tuition? b) are his parents paying for school? c) does he receive pocket money, some of which could be used to call you sometimes? d) can he use the computer at school to write emails? e) how was he surviving before you came into the picture? f) can he begin making an effort to email/call you from now on, so you have some more evidence for your appeal?

Emails don't have to be romantic all the time you know(visa officers see through all the lovey dovey play-acting anyway). It can be about future plans, your day-to-day life, etc. Surely

In African context, the man is supposed to provide for his wife so it is uncommon(strongly discouraged) for a woman to be supporting a man. I think the visa officer was questioning his intentions, consideration his culture.

As for facebook, it's possible to make your account not visible on search engines. You can go to Account settings, privacy, then at the bottom you should see something to the effect of, "make me searchable on other search engines", select 'No', then save. You can also go with just your first name, middle name initial and last name initial.

I think the issue is this: What is considered sufficient papers and documents? The IO that interviewed my husband concluded the following:
1. we are different ages and stages and races. (Even though we share the same faith, speak fluent English and are university educated).
2. we met on the internet.
3. my husband is a student and thus does not have a job and therefore has no income. I am the primary support. Essentially they said he was poor and I was rich.

We have photos from my 3 trips to Africa. Emails, some chat, limited Skype records, some online cards, phone records. A copy of our marriage certificate and wedding photos. We had a quiet short wedding that fits our personalities.

But I am worried that it all looks very one sided. Most of the documents come from me. My emails to him, my calls to him, my gifts to him, my cards to him.

My husband is not a romantic guy. He is an introvert. In many ways he is a typical guy who forgets his anniversary, his wife's birthday and doesn't think to send a card.

So I am very frightened that we might lose because we do not have the right kind of evidence or sufficient evidence.

Peach

 

[mikeymyke]

I agree with the whole "woman supporting man" thing in Africa. How does your husband feel knowing his wife is supporting him in a country where it's usually the opposite? Does it worry you that he doesn't remember your birthday, doesn't send you gifts, write you letters, communicate with you sparingly (you mention "limited" calls, skype, communication), doesn't show emotion? Is he ok if you live with him in his country if he is refused PR? If you do, how will he support you? How will you support him? Where will you go to find employment? And the fact that it seems you're doing so much for him, but he's not doing anything for you, you even mentioned everything seems one sided, that could really make it tough for you to build a strong case for you guys. I don't think they question your love for him, but question his love for you. These are things you need to not only address to CIC, but also to yourself as well.

 

[nomaan78]

Financial support or ability is red flag..might be u ll get ADR... n it will take half an hour thts it n if u think ur husband can do with confidence then u guys no need a counselor but read all previous posts of those who went to attened ADR.it will realy helpfull n just gather all proofs . When u receive a letter from IAD for hearing date then before 20 days u send ur all proofs of ur on going relations. No need to worry just b confident . If ur husband will go to attened hearing then try to tsy him for confident. I hope u will have all proofs of ur relation. N tht should b quality wise not qauntity wise.
In my full hearing my lawyer have sent proofs a week b4. MC came to my lawyer s ofic n saw all proofs but she didnt give us hard time at full haring .
Good luck

Hi Hina,
Is it possible that Minister Council can visit my lawyer's office b4 full hearing to see case proof? and if M.C satisfy can we win our case before hearing?

 

[Hina 123]

Hi Hina,
Is it possible that Minister Council can visit my lawyer's office b4 full hearing to see case proof? and if M.C satisfy can we win our case before hearing?

Yes if u ll go on full hearing then MC will diffinatly come to see ur lawyer in ur lawyers office for proofs before 10 days or 1 week .But it doesnt depand of MC when he/she ll will see ur case n get upset or not. but yeah it wil b in ur favour if MC wil not get upset . Then might b MC will less argu in the court ..i realy good hope tht u must have strong proofs n ur wife get prep.

 

[gango girl]

Ok gango girl ..i ve read 2 cases .accorfing to tht i mentioned. Anyways sounds good .n best of luck.

thnx dear

 

[Hina 123]

dont worry dear my husband also the same kind. but i sent many many evidences to prove that my relationship is genuine. nd i have a kid also from this marriage. i read some canlII which i mentioned above post that one couple got rejected nd she delivered a baby after the refusal nd on the hearing the panel has decided that
" ...when there is a Child of the Marriage, especially without an issue regarding paternity, this is a salient factor to be taken into account in favour of the Appellant's case. Absent exceptional circumstances to prove otherwise, a reasonable person accepts this evidence as proof of a genuine spousal relationship. "
so, i dont tell you to make a baby but that is a great issue for your genuineness.
read canlII nd you'll get more ideas. go through under marriage genuineness
i think rathika2011 knows that well hd plzzzz rathika give the link.

U r right about child gango girl. Child is a enough avidence to prove of genuineness.. but i tell u a hearing decision tht i ve read in appeal case at the link ...
Judge gave decision in the end of hearing tht appeal is rejected due to some reason n judge had also mentioned tht child is not a genuiness to prove relation.sponsor had kid with his wife. i was shocked when i read this .whatelse more they need for prove . I guess the case was early year of 2000 . But the judge said in the end and he rejected... u can search on "appeal cases of canada spouse" . So make ur file strong n have patience . U ll get soon .

 

[Vijender_Rana]

U r right about child gango girl. Child is a enough avidence to prove of genuineness.. but i tell u a hearing decision tht i ve read in appeal case at the link ...
Judge gave decision in the end of hearing tht appeal is rejected due to some reason n judge had also mentioned tht child is not a genuiness to prove relation.sponsor had kid with his wife. i was shocked when i read this .whatelse more they need for prove . I guess the case was early year of 2000 . But the judge said in the end and he rejected... u can search on "appeal cases of canada spouse" . So make ur file strong n have patience . U ll get soon .

Unbelievable ...that a judge said so.... shocked to read this... can u pls provide link to that appeal..

 

[Hina 123]

Unbelievable ...that a judge said so.... shocked to read this... can u pls provide link to that appeal..

I ve mentioned on my previous post . Go on google n write " appeals of spouse immigration in canada " i was seaching on google tht i found cases decision . It was year wise cases... u can search.. when we were seaching lawyer for apeal .then some of lawyer said have child then case wil be strong n some of lawyer said child would be good option but not guarantee to win ur case .so we went for tht lawyer.no one lawyer would give u 100% garantee to win case ... but now a days appeals r gping to win they r just killing with time thts it.

 

[mikeymyke]

Actually it's true, having a child doesn't necessarily mean the relationship is genuine. If someone is really desperate to come to Canada, they won't hesitate to get pregnant to achieve that goal. Children can be given up for adoption. Having a child does help prove genuineness of relationship somewhat, but if the rest of the relationship background is very bad, then having a child won't help at all.

In the case that Hina 123 is referring to, the couple probably did not address their red flags, so the VO sees that even with a child, in the context of the entire relationship, the marriage is not genuine.

 

[Hina 123]

Actually it's true, having a child doesn't necessarily mean the relationship is genuine. If someone is really desperate to come to Canada, they won't hesitate to get pregnant to achieve that goal. Children can be given up for adoption. Having a child does help prove genuineness of relationship somewhat, but if the rest of the relationship background is very bad, then having a child won't help at all.

In the case that Hina 123 is referring to, the couple probably did not address their red flags, so the VO sees that even with a child, in the context of the entire relationship, the marriage is not genuine.

Yes absolutely right mikeymyke .. thts y i ve mentioned on my previous post tht ur file should be strong enough .plz do whateveru can do best for strong ur file. Lawyer help it but ourself must need to make strong. Like proofs r qality wise good rather than quantity wise... i had thousand s pages n logs etc etc but i'd chose only qaulity waise proofs among all.but cutshort dont get upset just be patient .. :-*

 

[soblue3]

I agree that it doesnt matter age or culture difference, as long as the marriage is genuine, the sponsored spouse should be allowed into the country. However, the problem is that VOs cannot read your minds and cannot make a true determination if your marriage is genuine or not, so they have to rely on "red flags" like age, cultural difference, etc. There's really no choice other than to do that, besides letting every spouse into Canada regardless of background. So because of this, it's our job as the sponsors to ensure that the PR application is solid, with lots of evidence.

Age differences in countries like USA, Australia, obviously this is not an issue, but in other countries, its viewed as a red flag (even though Canadian culture is full of couples like this), because in THOSE countries, age difference are unusual. CIC has to judge relationships based on the applicant's country, not whether it's similar to Canadian culture. They might think that a person who grew up in a country where age differences are unusual, he/she will grow up with those kind of views into adulthood, and for him/her to marry a Canadian with a large age difference, then that means for that person to break his own cultural norms, he/she must have an ulterior motive for the marriage. I've noticed that in many cases in which an age difference is present, 9 times out of 10, its usually the younger spouse that's the one being sponsored. Usually the younger, non-Canadian spouse has a greater incentive to enter Canada, and can more easily manipulate an older Canadian spouse, than could a younger Canadian spouse, because an older Canadian spouse feels his/her life is shortening and wants to quickly find a life partner, , at least that's what I think CIC feels . I don't know

i agree with most of what you wrote but not the last part. I think maybe you are talking about people in their 60s or something marrying 20 year olds...lol (although even that is possible). Canadians have high life expectancy. I doubt very much that somebody who feels their life is getting short will be looking to get married with somebody out of this country lol. Most likely people who are older are well established and have too much to loose to do that. In addition people with life experience are less likely to just settle for anybody. They have had a family and still most likely have and know there is more to a relationship than just getting married. For most women relationship means more work..both physical and mental. I am sure that there are cases such that you are talking about but they are far and in between. In a modern western society women are usually pretty fit, take good care of themselves and look relatively young and are often comfortable financially and have a good idea what they like or dont like about people . they are not eager to just find somebody the same way younger girls are who are waiting to get married and start a family. There are plenty of young people who get taken in by scammers both inland and outland.

 

[mikeymyke]

i agree with most of what you wrote but not the last part. I think maybe you are talking about people in their 60s or something marrying 20 year olds...lol (although even that is possible). Canadians have high life expectancy. I doubt very much that somebody who feels their life is getting short will be looking to get married with somebody out of this country lol. Most likely people who are older are well established and have too much to loose to do that. In addition people with life experience are less likely to just settle for anybody. They have had a family and still most likely have and know there is more to a relationship than just getting married. For most women relationship means more work..both physical and mental. I am sure that there are cases such that you are talking about but they are far and in between. In a modern western society women are usually pretty fit, take good care of themselves and look relatively young and are often comfortable financially and have a good idea what they like or dont like about people . they are not eager to just find somebody the same way younger girls are who are waiting to get married and start a family. There are plenty of young people who get taken in by scammers both inland and outland.

Well, just look at most of the age difference cases here and on Canlii.org. 9 times out of 10, the younger spouse is the one being sponsored when there is a significant age difference. A much older Canadian spouse who marries abroad, is very likely not to marry someone his own age, rather someone much younger, because in Canada, he does not want to marry an old woman, but he knows he cannot get a younger woman either due to his age. But a younger woman abroad who desires to come live abroad, will take up that opportunity.

As for a younger Canadian spouse, he/she wouldn't choose to marry a much older spouse abroad when he/she can just simply find a younger companion in Canada. But that's usually not the case for an older Canadian spouse because they either don't want to find someone "old" like themselves, or they know they have no chance getting a 20 year old girlfriend in Canada. But a 20 year old girl living abroad in a developing country would probably be with that older Canadian because he can provide something men in her country cannot: permanent residence.

Just look at most of the age difference cases here and you'll see its usually the younger one being sponsored, and unfortuantely, its their cases that get a lot of scrutiny. When I'm describing age differences, I mean like 20+ years, something very signficant, not like 5+.