ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[stevenstunner]

Hey everyone. I have an issue i hope you can give me some good advice on.

I am married to a Canadian last year July, we been trying to file our inland sponsorship for PR since but either me nor my wife understand the process so we are using a lawyer, each time we send the forms to him he sent back stuffs we need to correct and additional documents we need to submit.

Ive been out of status since July last year and had no idea that i could apply for restoration of status (thanks to this forum). My restoration period was already passed when i found this out

Here is my messy situation now. I was driving to Toronto and my gps lead me toward the USA border, on my back to Canada ran into CBSA now they issued me a removal notice.

My wife is 7 months pregnant and i really can't leave her at this moment with two young babies, (she was single mother of a 1 year old when we met) my file is now complete and ready to submit to cic.

Im now thinking to appeal the removal order then submit my spousal sponsorship application to cic.

Does anyone ever been is this similar situation or know about this and can offer some advice please? Im really STRESSED right now.

Thank you all

 

[Peyman.ch]

Hi All' how can I know if my case is eligible for ADR and is it possible that a lawyer asks for a ADR hearing? I told my lawyer that I will not go through a full hearing.Thanks

Anyone please tell me what is the time frame after appeal for a ADR hearing from Montreal IAD?

 

[shuaibks]

Anyone please tell me what is the time frame after appeal for a ADR hearing from Calgary IAD? i receved my Blue book on 26th of July after 5 months ,,,

 

[wintersnow]

Hey everyone. I have an issue i hope you can give me some good advice on.

I am married to a Canadian last year July, we been trying to file our inland sponsorship for PR since but either me nor my wife understand the process so we are using a lawyer, each time we send the forms to him he sent back stuffs we need to correct and additional documents we need to submit.

Ive been out of status since July last year and had no idea that i could apply for restoration of status (thanks to this forum). My restoration period was already passed when i found this out

Here is my messy situation now. I was driving to Toronto and my gps lead me toward the USA border, on my back to Canada ran into CBSA now they issued me a removal notice.

My wife is 7 months pregnant and i really can't leave her at this moment with two young babies, (she was single mother of a 1 year old when we met) my file is now complete and ready to submit to cic.

Im now thinking to appeal the removal order then submit my spousal sponsorship application to cic.

Does anyone ever been is this similar situation or know about this and can offer some advice please? Im really STRESSED right now.

Thank you all

"I was driving to Toronto and my gps lead me toward the USA border"

... really?

 

[scylla]

Hey everyone. I have an issue i hope you can give me some good advice on.

I am married to a Canadian last year July, we been trying to file our inland sponsorship for PR since but either me nor my wife understand the process so we are using a lawyer, each time we send the forms to him he sent back stuffs we need to correct and additional documents we need to submit.

Ive been out of status since July last year and had no idea that i could apply for restoration of status (thanks to this forum). My restoration period was already passed when i found this out

Here is my messy situation now. I was driving to Toronto and my gps lead me toward the USA border, on my back to Canada ran into CBSA now they issued me a removal notice.

My wife is 7 months pregnant and i really can't leave her at this moment with two young babies, (she was single mother of a 1 year old when we met) my file is now complete and ready to submit to cic.

Im now thinking to appeal the removal order then submit my spousal sponsorship application to cic.

Does anyone ever been is this similar situation or know about this and can offer some advice please? Im really STRESSED right now.

Thank you all

The removal order is going to turn into a deportation order if you don't leave Canada within 30 days. Once it turns into a deportation order, your situation will become a lot more complicated and CBSA may very well remove you from Canada and send you home. You should see an extremely good immigration lawyer as soon as possible to see what your options are. It's entirely possible your only realistic option will be to return home and this point and have your wife sponsor you from there.

 

[habeeb]

I wonder does anyone know how long it takes now to get a hearing date for appeal in Toronto? I understand I have to attend a scheduling conference in person with my lawyer present at the IAD court...I appealed Dec 2014. I want to go back to see my spouse in October or November but don't know if it will be a problem if I'm away when they call for scheduling conference.

Also, I know we have to submit all new evidences of communication since I applied for appeal, but in the notes/bluebook I read the VO discarded a lot of our chat/email/text logs, as I know they often do. Do I need to produce all those evidences again too?

 

[ajarupan]

???

 

[nekeol]

I wonder does anyone know how long it takes now to get a hearing date for appeal in Toronto? I understand I have to attend a scheduling conference in person with my lawyer present at the IAD court...I appealed Dec 2014. I want to go back to see my spouse in October or November but don't know if it will be a problem if I'm away when they call for scheduling conference.

Also, I know we have to submit all new evidences of communication since I applied for appeal, but in the notes/bluebook I read the VO discarded a lot of our chat/email/text logs, as I know they often do. Do I need to produce all those evidences again too?

in appeals, try to maximize your case, try to bring all email and communcations again, not an issue.
if u want to travel ur home country, u can do so but keep in touch with ur consultant. in toronto no one can predict timeframe of appeals.

 

[can/alb]

Hi everyone. Been a while since I've been here. I have a question. I just got a notice to appear at a conference with IAD. It says to talk about issues of our case OR schedule hearing. Is this just a conference to book a date for my hearing or is this ADR? It says to come prepared with an evidence I haven't submitted as of yet. Just a little confused.


Thanks

 

[Splinterz420]

Hi everyone. Been a while since I've been here. I have a question. I just got a notice to appear at a conference with IAD. It says to talk about issues of our case OR schedule hearing. Is this just a conference to book a date for my hearing or is this ADR? It says to come prepared with an evidence I haven't submitted as of yet. Just a little confused.


Thanks

When did you receive your blue book and which location for IAD?

 

[can/alb]

When did you receive your blue book and which location for IAD?

I received blue book June 2014. But I submitted a letter and other evidence to them to request ADR. Now I got this letter and I'm not sure if it's just to schedule the hearing or what. It's in toronto at IRB.

 

[wintersnow]

Well ... I had the ADR on Aug 10 and we were not successful. Like many others I have heard, the ministers counsel believed me but she still wanted to meet my wife. They just don't believe her. The good thing is we managed to schedule a full hearing for early November. The IAD member told me the Vancouver office has very little backlog.

In preparation for the ADR, I spent a lot of time with my lawyer reviewing all the facts about our case ... mostly as it pertains to me. I felt very prepared to prove I was genuinely in love with my wife. It worked because they really believed I was sincere. We were very prepared to discuss the facts in the case ... the VO's inteview, etc. But none of the points in the interview were even touched upon.

I even had some good points about why I believe my wife is not trying to trick me. But it just wasn't enough. My advice to anyone going to the ADR is to prepare to speak on your partner's behalf. Prove to them it is not possible for your wife to lie. Submit evidence from her friends and employers and anyone, especially reputable people, indicating that she is a very trustworthy and honest person. Also, prove to them that you know when someone is trying to trick you. I was fortunate to get a full hearing quickly, but many others will not. Make sure you make the most of the ADR!!

 

[Kistehsia]

Well ... I had the ADR on Aug 10 and we were not successful. Like many others I have heard, the ministers counsel believed me but she still wanted to meet my wife. They just don't believe her. The good thing is we managed to schedule a full hearing for early November. The IAD member told me the Vancouver office has very little backlog.

In preparation for the ADR, I spent a lot of time with my lawyer reviewing all the facts about our case ... mostly as it pertains to me. I felt very prepared to prove I was genuinely in love with my wife. It worked because they really believed I was sincere. We were very prepared to discuss the facts in the case ... the VO's inteview, etc. But none of the points in the interview were even touched upon.

I even had some good points about why I believe my wife is not trying to trick me. But it just wasn't enough. My advice to anyone going to the ADR is to prepare to speak on your partner's behalf. Prove to them it is not possible for your wife to lie. Submit evidence from her friends and employers and anyone, especially reputable people, indicating that she is a very trustworthy and honest person. Also, prove to them that you know when someone is trying to trick you. I was fortunate to get a full hearing quickly, but many others will not. Make sure you make the most of the ADR!!

My sincere sympathy for you and your wife. I understand what you are saying. They believed me but needed to speak with my husband. I am also out of Vancouver office and pray that I receive early date for full hearing. It is so hard to for me to figure out what more my husband could do to prove his genuine love for me, but like you we will do our best. My sister will be attending the hearing with me and this brings me some comfort. Wishing you and your wife all the best.

 

[wintersnow]

My sincere sympathy for you and your wife. I understand what you are saying. They believed me but needed to speak with my husband. I am also out of Vancouver office and pray that I receive early date for full hearing. It is so hard to for me to figure out what more my husband could do to prove his genuine love for me, but like you we will do our best. My sister will be attending the hearing with me and this brings me some comfort. Wishing you and your wife all the best.

Did they give you a decision at the ADR? Contact them right now and ask for a date for the full hearing. You do not have a lawyer? I do not want to scare you but the IAD officer told me that if the full hearing is not successful you are left with only 2 options 1) go to federal court to appeal the decision or 2) resubmit the application. Both of these are not desirable.

Going to federal court will take a lot of time, and it does not decide the fate of your case. It only looks to see if you were given a fair full hearing. If federal court decides you were not given a fair full hearing then you will have to repeat the full hearing.

Submitting a new application is very difficult ... because everything that is included in the ADR/full hearing is not admissible in the new application. You are essentially starting from nothing. So, if you resubmit after a failed full hearing, all the times you visited your husband, all the notes and photos you took ... they cannot be submitted as evidence in the new application. And, even worse, there has to be something significant that changed in your relationship (e.g baby, move to his country and live there for 2 years, etc.) otherwise they will not even look at your case.

So, make sure you are FULLY prepared for the full hearing. I think your husband is a manager in Dubai(?). That is an important position. Why would he leave that position to come to Canada? Why don't you go there? Does he have character references? Did he ever apply for PR before? You will have to think of all the reasons they can mistrust him and find reasonable answers to these.

 

[Kistehsia]

Did they give you a decision at the ADR? Contact them right now and ask for a date for the full hearing. You do not have a lawyer? I do not want to scare you but the IAD officer told me that if the full hearing is not successful you are left with only 2 options 1) go to federal court to appeal the decision or 2) resubmit the application. Both of these are not desirable.

Going to federal court will take a lot of time, and it does not decide the fate of your case. It only looks to see if you were given a fair full hearing. If federal court decides you were not given a fair full hearing then you will have to repeat the full hearing.

Submitting a new application is very difficult ... because everything that is included in the ADR/full hearing is not admissible in the new application. You are essentially starting from nothing. So, if you resubmit after a failed full hearing, all the times you visited your husband, all the notes and photos you took ... they cannot be submitted as evidence in the new application. And, even worse, there has to be something significant that changed in your relationship (e.g baby, move to his country and live there for 2 years, etc.) otherwise they will not even look at your case.

So, make sure you are FULLY prepared for the full hearing. I think your husband is a manager in Dubai(?). That is an important position. Why would he leave that position to come to Canada? Why don't you go there? Does he have character references? Did he ever apply for PR before? You will have to think of all the reasons they can mistrust him and find reasonable answers to these.

Thank Wintersnow for the great recommendations... Yes my husband is General Manager here in Dubai. My reason for not completely moving to Dubai is because after my severe kidney and blood poisoning in Jordan after we married I developed an autoimmune disease affecting my liver from the heavy antibiotics intravenously administer for two months. So I'm on costly treatment for life. That is why the VO referred to me as sickly old woman who can't have children. I did however get a letter of recommendation letter from my health management worker of the last three years that she wrote to Minister's Counsel. Like you the MC did not mention anything about the VO issues he had his own foish questions about my husband's ex that he seemed to be stuck on, in my opinion just looking for anything to enforce full appeal. But whatever we will speak at hearing as we have nothing to hide. And my husband has proved in many ways his genuine love for me. My MP's secretary is sending letter requesting full hearing date as soon as possible, for this I am thankful. Again thank you Winterose for your recommendations. Now I am off to po with hubby here in Dubai for a night swim. Good luck to you and your wife!