ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[adirai]

Hello Everyone,

I want to mention that currently me and my wife are going through a very tough time as I had sponsored my wife on dec 3rd 2013 from US outland and an interview was requested on oct 1st 2014 just recently. As I am a citizen of Canada, and everyone knows that we have the right to sponsor. Unfortunately, in the interview the LA officer seemed double minded the whole time and even in the middle of the interview she stepped out for 25 minutes (I am assuming to discuss with someone else at the back) she came back with the decision that she will be refusing the visa. She claimed that my wife got married to me because her status in US was not clear. My wife was on a dependant visa for green card on her parent's file and was fully legal as she has been there for 13 years and spent her 90% of life in US going to school and working legally. How can the officer claim that her intentions were wrong. Yes, the day after getting married she would not be a dependant any more but her EAD (Work Authorization) expires next year in June. IF MY WIFE HAD NOT MARRIED ME, SHE WOULD BE CONTINUING TO LIVE IN STATES LEGALLY, BECAUSE SHE MARRIED ME HER STATUS CHANGED. This sentence is a very true sentence and not sure why they dont understand and make decision based on perception. Officer claimed that my wife got married because of status, but wife got married because she loves me and not her status, even though her status would be fine if she had not married so why would there be a need to marry me for a status?

In the end of it all, the officer mentioned that YES your relationship seems very genuine! but unfortunately I based on my concern I am going to refuse this case.

Someone please help or direct, what I should do next as my wife has to move back home now as she is not a dependant. Should I appeal, if so how long does it take and would she need to return to US for interview?

I appreciate any help

 

[Gango is waiting]

You should get a request for updated documents, PCC and medical any day now. .

yes dear i'm waiting for the request these days

thanx dear

 

[Gango is waiting]

Hello Everyone,

I want to mention that currently me and my wife are going through a very tough time as I had sponsored my wife on dec 3rd 2013 from US outland and an interview was requested on oct 1st 2014 just recently. As I am a citizen of Canada, and everyone knows that we have the right to sponsor. Unfortunately, in the interview the LA officer seemed double minded the whole time and even in the middle of the interview she stepped out for 25 minutes (I am assuming to discuss with someone else at the back) she came back with the decision that she will be refusing the visa. She claimed that my wife got married to me because her status in US was not clear. My wife was on a dependant visa for green card on her parent's file and was fully legal as she has been there for 13 years and spent her 90% of life in US going to school and working legally. How can the officer claim that her intentions were wrong. Yes, the day after getting married she would not be a dependant any more but her EAD (Work Authorization) expires next year in June. IF MY WIFE HAD NOT MARRIED ME, SHE WOULD BE CONTINUING TO LIVE IN STATES LEGALLY, BECAUSE SHE MARRIED ME HER STATUS CHANGED. This sentence is a very true sentence and not sure why they dont understand and make decision based on perception. Officer claimed that my wife got married because of status, but wife got married because she loves me and not her status, even though her status would be fine if she had not married so why would there be a need to marry me for a status?

In the end of it all, the officer mentioned that YES your relationship seems very genuine! but unfortunately I based on my concern I am going to refuse this case.

Someone please help or direct, what I should do next as my wife has to move back home now as she is not a dependant. Should I appeal, if so how long does it take and would she need to return to US for interview?

I appreciate any help

Under which ground they refused your wife? as you said that the officer said that your marriage is genuine
where are you from Canada? Vancouver, Toronto?
did you get your refusal letter?
other thing is if your wife cannot stay in US, she can move to her country after her legal validation period is over in US and continue your appeal process. though your wife change her residing country your relationship wont be finished and you can carry on your relationship and go on with the current situation and in the meantime, you collect evidences enough for your appeal

and experts here will give you some more better suggestions
good luck

 

[hhassa]

I was told by the MP that Immigration Canada has reached the maximum quota of 2014 for spouse visa. Which mean they will not be issuing any more visas for this year. I am pregnant and expecting my husband to be here in Dec. I have not seen any official news regarding this. If some knows about or someone receives PPR please post here.

 

[Hina 123]

I was told by the MP that Immigration Canada has reached the maximum quota of 2014 for spouse visa. Which mean they will not be issuing any more visas for this year. I am pregnant and expecting my husband to be here in Dec. I have not seen any official news regarding this. If some knows about or someone receives PPR please post here.

Thts is realy bad news then..if MP told u :'( :'(

 

[Hina 123]

I was told by the MP that Immigration Canada has reached the maximum quota of 2014 for spouse visa. Which mean they will not be issuing any more visas for this year. I am pregnant and expecting my husband to be here in Dec. I have not seen any official news regarding this. If some knows about or someone receives PPR please post here.

hhassa .is this possible tht MP tell this tht canadain embassy reached qouta of spose visa.. what i heard tht they r very much carful to give any statement.. one more question.when my husband contacted to MP then her secretary informed us tht it stil in security background chacking n in the e mail thry also mention tht dont ask us before 3 months ..anyone who received the same answer plz help this..

 

[Lenchik]

I sent an email to my MP last week for update. still havent received an answer. will c what my MP has to say.
if there is quota for spousal sponsorship then it needs to be posted somewhere. people cant just sit and wait next year just because quota is reached

 

[Hina 123]

Many people r still receiving their ppr .even last week ( october) many ppr received .
I dont know y ur MP said to u..
hhassa u can check (CHC islamabad spouse visa ) in this form..

 

[hhassa]

I sent an email to my MP last week for update. still havent received an answer. will c what my MP has to say.
if there is quota for spousal sponsorship then it needs to be posted somewhere. people cant just sit and wait next year just because quota is reached

I agree quota for spouse visa ... does not sound right to me either. I have heard many times quota for other types of visa but not for spouse. I hope she is wrong...
The other thing is that how this quota is being calculated ... who does it include people who have submitted forms/medical/passports OR who they have not even started worked on.

 

[MrsTrejo]

I too have read in other circumstances that a few people in this forum have been told the same, and then others lawyers have told them that there is no quota. So let's hope there is not!

 

[rathika2011]

How did the hearing go?? I have a hearing oct 31 and am very nervous..

it's ok to be nervous I was in the same boat just like you....be calm and answer the question well and be natural...I will pray for u as well everything will be fine and u will walk out from there happy...good luck

 

[Habibti]

There is NO quota in the spouse category. This is what I was told by my two immigration lawyers.

 

[hhassa]

There is NO quota in the spouse category. This is what I was told by my two immigration lawyers.

My initial email was:
We have received another email from Delhi India to do reassessment of medical as the medicals are expired (even though they are expiring next in November). What could this possibly mean? I did some research and found this link. http://www.cic.gc.ca/english/resources/tools/medic/assess/cert.asp - which says that
> >
> > "
> > The process applies only to cases where a final decision is pending due to either:
> >
> > * the expiration of a medical certificate; or,
> > * when the validity of the medical certificate is about to expire and the applicant is unable to land before it expires. "
> >
> >
> > do you think we should hear from them soon for PPR or will they take more time now since this medical extension will be valid for 12 months.

==============================

Here is what she wrote to me:
> > If CIC anticipates that they will be unable to process the case (i.e. issue the visa) before the medicals expire they request that they are re-done. We have been informed that CIC has reached the maximum quota for immigration visas for 2014, so this may be the reason they are requesting the medicals to be re-done.
> >
> > Regards,

Then I wrote:
1) Were you specifically told that quota has been reached for spouse visa? I know there is a quota for parental sponsorship but never heard anything about spouse visa quota.
==============================

and here is her 2nd email with detailed explanation:

Never apologize for bugging me! That's what I am here for .....Sorry for the confusion - I should have used the word "immigration levels and not "quotas".

Every year CIC determines Immigration Levels which they do not exceed - Please refer to the Immigration levels for 2014. at

http://www.cic.gc.ca/english/department/media/notices/2013-11-01.asp

Once they reach those levels they do not stop processing the rest of the files, they continue to process them, but they do not issue any more visas for that year, in the specific category.

The difference between quotas and immigration levels is that - when there is a quota, then once they receive that specific number of applications they return all the others and no longer accept any more.

But when they have immigration levels for the year, they can "accept" any number of application, but they only "process" in that particular year up to the pre-detrmined levels. The rest of the application will continue processing but visas will only be issued in the following year.

The official citizenship and immigration website is cic.g.c.ca. Immigration.ca is a private company but if you wish to find their reference to the 2014 immigration level announcement you will find it at

http://www.immigration.ca/en/2013/86-canada-immigration-news-articles/2013/december/627-cic-announces-2014-targets-for-spousal-sponsorships.html

So to answer your specific questions:

No I have not been told specifically that they have met the levels for Sposual Sponsorships for 2014 (that is not what I said in my email) . I said they have asked your husband to repeat the medicals as they do not anticipate that they will be able to complete the processing of his application before his current medicals expire in Nov 2014.

(just as you said: "* when the validity of the medical certificate is about to expire and the applicant is unable to land before it expires. ") - this applies in your husband's case)
A possible reason could be the question of the immigration levels having been met - because on a many recent inquiries for both Inland applications and overseas application in different categories (not just spousal) - I have been told that all requirements have been met, positive decision have been made, but they will likely not be scheduled for landing interviews or requested for passport till the end of the year, as they have reached immigration levels.


*I think she is saying that CIC has reached the level and may be that is why my husband received reassessment of medical. But my theory was if they did not wanted to issue the visa this year they could have easily waited till next year and ask him to do his re-medical. I mean what the hell we have been waiting for 4 years already so why not more huh!

 

[Gango is waiting]

hhassa .is this possible tht MP tell this tht canadain embassy reached qouta of spose visa.. what i heard tht they r very much carful to give any statement.. one more question.when my husband contacted to MP then her secretary informed us tht it stil in security background chacking n in the e mail thry also mention tht dont ask us before 3 months ..anyone who received the same answer plz help this..

dear normally the MP can ask something from CIC once then again after 3 months about the same case from CIC, my husband's MP also had told him the same once when he asked. but in the beginning, after MP called only the CIC started the processing our file

 

[Gango is waiting]

I sent an email to my MP last week for update. still havent received an answer. will c what my MP has to say.
if there is quota for spousal sponsorship then it needs to be posted somewhere. people cant just sit and wait next year just because quota is reached

hi dear lenchik
i have checked the time lines for the process after won the appeal and i found that they take around 6 months to finish the process so, i dont know what is this quota thing. but its very rare i saw it has taken more than 7-8 months to be done.
but if it is so.... hold on for little more time dear.... u'll be reunited with your family very soon
good luck... keep your hopes n dont loose them