ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[scylla]

my case refused due to following reason:

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(g) subject to paragraph 137 (c) is not in default of
(i) any undertaking

Yana - I think you may be better off filing a new application rather than appealing. The reason why your application was refused was because at the time your husband filed the application to sponsor you, he was in default of the undertaking to support the first wife he sponsored. In other words, according to the rules you have quoted above, CIC was correct in refusing your application because your husband was in default and didn't meet the requirements to sponsor you on the day the application was received. If I remember correctly, your husband didn't clear this default until almost a year after the application had been filed. Again, you might be better off applying again from scratch now that your husband is no longer in default of his first sponsorship obligation.

 

[soblue3]

Soblue3 I am so sorry to hear about this. My heart is with you.

Did you have a full hearing or was it an ADR? These officials don't understand how hard and difficult it is to be away from someone you love. We are the ones who know our genuine relationships. We are the ones who know what it is to be alone with our spouses behind closed doors. They do not. It is unfair and cruel. If your husband wants to come to Canada to better himself than why is that an issue? That does not mean your relationship is not valid.

The communication thing is not fair in my opinion. They said the same thing with us when my husband had his interview for his visa. In the beginning of our relationship I used a translator because I can speak the language, but have difficulty writing. How cruel are they to assume that means we are not truly in love. It feels like they forget we are human too. It makes me so mad.

mrs.trejo
thanks for your response...we did not appeal yet. only got the refusal letter after the interview. i guess we will appeal now. and sure..the vo kind of tricked him...she was asking him about his education and job then asked what he will do in canada...so he thought she is still talking about work and said he plans to work in his occupation here...he did not mean that he plans that instead of having a relationship with me. and we talk everyday on skype and he can understand me very well...he meant that when we first started talking he used google translate to talk with me because he did not speak any english then. Now only if there are some complicated words he will use it but when we talk on skype we talk just normally and barely have any problems.

 

[MrsTrejo]

mrs.trejo
thanks for your response...we did not appeal yet. only got the refusal letter after the interview. i guess we will appeal now. and sure..the vo kind of tricked him...she was asking him about his education and job then asked what he will do in canada...so he thought she is still talking about work and said he plans to work in his occupation here...he did not mean that he plans that instead of having a relationship with me. and we talk everyday on skype and he can understand me very well...he meant that when we first started talking he used google translate to talk with me because he did not speak any english then. Now only if there are some complicated words he will use it but when we talk on skype we talk just normally and barely have any problems.

Yes. Best now to appeal. Make sure you have lots of evidence. I hope everything works out for you and goes smoothly.

My husband and I had the same issue with the communicate. In the beginning he did not speak English. We both speak Spanish but I have difficulty writing so I would use a translator or dictionary. Now he speaks English very well (like your husband some words are difficult and he will ask me it in Spanish to translate it in English). When we were refused they said it was because he speaks no English, when that is wrong.

All this is always so complicated. Good luck, keep us updated and stay strong in your fight to be with your husband!

 

[soblue3]

Yes. Best now to appeal. Make sure you have lots of evidence. I hope everything works out for you and goes smoothly.

My husband and I had the same issue with the communicate. In the beginning he did not speak English. We both speak Spanish but I have difficulty writing so I would use a translator or dictionary. Now he speaks English very well (like your husband some words are difficult and he will ask me it in Spanish to translate it in English). When we were refused they said it was because he speaks no English, when that is wrong.

All this is always so complicated. Good luck, keep us updated and stay strong in your fight to be with your husband!

Thanks so much again...was that the only reason they refused? and did you have your appeal hearing already? we have most of our chats i think...are they going now to send me the file back? i have send them close to 400 pages of evidence and the vo said she had enough proof and did not even want to look at the extra evidence he brought for her to see.

 

[MrsTrejo]

Thanks so much again...was that the only reason they refused? and did you have your appeal hearing already? we have most of our chats i think...are they going now to send me the file back? i have send them close to 400 pages of evidence and the vo said she had enough proof and did not even want to look at the extra evidence he brought for her to see.

I haven't had my hearing yet. I got selected for an ADR hearing coming up in November. So I am preparing all my evidence and documents... Doing it without a lawyer so I hope all my research and preparations will help me... They will send you a copy of your sponsorship record called "the blue book" with your application, refusal letter, notes from the VO, the interview transcript, stuff like that.

The VO said that they did not think that our relationship was genuine. For us there was three main reasons.
1) We decided to get married in 15 days of meeting.
2) No common language.
3) My husband has not worked since we were married.

It was as if they were just trying to find reasons to deny him as we sent in a LOT of evidence of our relationship. We knew each other for 1.5 years before we got engaged (2010) and then got married in December 2011. So there is no way that they can even justify that we decided to marry in 15 days of meeting. We spent 2 weeks together at the time of the proposal but not in total of knowing each other.

My husband did not speak English, only Spanish when we met. My family is from Chile so I grew up speaking Spanish. That's how we communicated in person. Texting or email I would write to him using a translator or dictionary. So to them that meant we did not have a common language... My husband now speaks very good English. We only communicate when speaking in person or over the phone in English and have been for the total of 4 years we've been together...

And thirdly my husband was a teacher. I go to Cuba every 3 months so they told him that he had to quit because they would not give him the time off. And because it was illegal to be married to a foreigner and work in a government job. So he hasn't been able to work since we've been married.

My husband brought a suitcase of proofs (pictures, emails, letters) and the VO too didn't even ask him to see it. Its like they made the decision before he got there.

Sorry for the long reply! ;D

 

[soblue3]

Ah Mrs Trejo..dont be sorry, really i am glad you replied. And i am so sorry for your situation. Your case seems to be much stronger than ours...we did marry on the first meeting. And how can they say you can not communicate if you both speak spanish. sometimes i dont understand the visa officers they select to conduct those interveiws..mine was so rude to my husband, she insulted him and me and accused me of lying by saying there are no drugs in canada...because my previous ex had a history of drug abuse. Its such a shame..my husband told me after interview that he is worried people are here like the VO and nobody will like him. Ah i feel so tired today...feel like i dont have any energy. I will send in the appeal notice tomorrow and request the notes and our file. Also, i spoke with somebody and i heard that even if we loose the appeal we still have a chance in the future if we have new evidence...for example if i go and live with him for some time. Really i felt so happy there with him and his family...i would love to do that...i may have to take a leave of absence from my job and make many arrangements for the house and everything but if thats what i have to do then i will.
I wish you do very good during your hearing. they must realize how much time and energy people invest into this long distance relationships. why do they imagine even we would continue if we had any inclinations that our spouses were not genuine with us. specially when you have dedicated 4 years of your life to your relationship. for me its been just over 2 years but still.
i guess that we have to realize the immigration people can not see us, can not see how we are with our spouses on regular basis...so for them its easy to judge if they are not convinced. I guess we have to figure out how to show them that our spouses are genuine and what it was that convinced us.

 

[MrsTrejo]

I have a question for all who is able to help for prep of the ADR documents.

In my Blue Book they did not attach copies of the evidence I sent in. Such as boarding passes, pictures, emails, letters from the beginning of our relationship to when we sent in the sponsorship appeal.

Do they or do they not send copies of that to you included in the blue book? They attached a few photos of our wedding to my blue book, also our marriage certificate, my husbands divorce certificate, his birth certificate, and that's about it. But none of the evidences.

Will this effect me in my ADR? Should I re-send these boarding passes, emails, photos with my new evidence from AFTER sending in our sponsorship/after being refused?

*Also when I sent in my appeal, I attached a cover letter saying why they should allow my husband his visa, and referencing the reasons of his refusal are not valid. I can't find this letter in all my documents now. I know I should write a cover letter for my ADR documents saying how we met, our future plans, why we should be together, talk about the VO's refusal reasons again. If I don't have the original letter and they have it at the ADR will this be a problem? I remember what I wrote in it. I have a rough draft but I don't believe I have the finished copy that I sent them.

 

[soblue3]

I have just heard today that in addition to getting the gcms notes we are also able to request our full file from the cic under the the same act. also i have heard that they are not allowed to destroy any of the stuff we have send them.

 

[mikeymyke]

Hey soblue3, really sorry about your refusal. It's sickening for them to make you wait that long before giving the refusal letter. If they were going to refuse, they could've notified you at least 1-2 weeks after the interview. Good news for you is that I've heard once you get to the appeal stage, it has a very high chance of success, and now that you're in your hubby's country, this is your chance to start taking pics of you with his family, showing proof you're living there, etc, this will be very strong evidence at the appeal.

 

[soblue3]

Hi Mike and thanks for your kind words. and congrats on your wife's approval.
I am back in canada now..i did not move there yet...but i had a wonderful time there with him and his family and took many pictures of us and people who came to visit me and many pictures of the times when we went to visit his family out of town and his friends. really i am a bit shocked at the reasons she gave for the refusal. to say he always uses google translate to communicate with me...all the time i was there he did not have to use any translation and everyday that we talk on skype he also does not use it...he just told her he used it in the beginning..but he also said that she had a very strong accent and it seemed that english was not her first language...maybe she misunderstood him...also to say he is planning to study here and just work and not to continue our life as a couple and i am sure that was never his goal...ah i can understand the age difference and the fact that it is not a tunisian tradition to marry a woman who is older than a man and from another country...but there are more and more people now who do it.

 

[SenoritaBella]

soblue3, really sorry about your refusal. Did you guys explain your red flags in your relationship story? Like talk about the age difference, his culture, why your age did not bother him, etc? If not, I'm afraid it was left to the interpretation of the visa officer and they tend to go for worse case scenario.
Did you explain why you married on first meeting and any steps you both took to ensure you were making the right decision, etc?

 

[soblue3]

soblue3, really sorry about your refusal. Did you guys explain your red flags in your relationship story? Like talk about the age difference, his culture, why your age did not bother him, etc? If not, I'm afraid it was left to the interpretation of the visa officer and they tend to go for worse case scenario.
Did you explain why you married on first meeting and any steps you both took to ensure you were making the right decision, etc?

Thanks Seniorita bella...and yes i explained it all in the letter which he gave the vo during the interview...she is just saying that he married women older than himself and that the relationship does not follow the usual cultural norms. thats why she is picking on the google translate thing and lying that he wants to study here...he never ever mentioned that to her. only he was confused a little because they were talking about his education and job and when she asked him what he will do here he thought it was job related and told her. Omg how they expect people come here and just not work and me as a woman to support him the whole time. At least in the appeal we will have somebody there with us who can hear our answers and not let them miss interpret anything. i believe that the last 2 points is what she is using mainly to say that the relationship is not genuine...the first 2 are nothing that we can control ...its nothing that we have done thats bad...its just her judgement...she did not write that we are not compatible or of different religions or cultures...because i explained it...just that our marriage is not a norm.
dont forget she also told him right in the interview that he was not normal...and she accused me of lying about drugs in canada...so really i wish i could bring up all that at the appeal also but i dont think thats a good idea

 

[soblue3]

also he went through all the questions about me, about our relationship and about our family and our history in english...just when she asked him about what he will do here...then he said he will try to teach....then she started being so mean to him and he said sorry he missunderstood what she was asking...so then she said ok fine so you dont understand english....we will use the translator and after that she just kept on making angry faces at him. really i felt so bad for him that he had to go through this...after all we did not do anything bad and i am a skeptical person and he managed to convince me...he has never given me any reason to doubt him and that has not been easy for me in the past even with people who live in the same town. Ah i just dont know what to say but i do have high hopes for the appeal and i feel much better knowing that even if we loose we can try again after i go and live with him for a while. and really i would not mind staying there because i absolutely love it there and that could be a possible future goal...just i believe its not fair that he can not even come here to visit me and i have to move. I can not believe that canadian government can use ageism or cultural norms to discriminate against people. Because she did not have other reason. Why everybody has to think like all other people. its not always wrong to think out of the box and follow our dreams and hearts.

 

[Yana]

thanks syclla...

 

[Yana]

what is the total time frame of appeal from Ontario?