ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[shalenabennie]

Absolutely correct. But this is not what you wrote in your previous post.

It's true that you shouldn't bother reapplying unless you have more compelled evidence but she still has a chance to provide that evidence in an appeal so that she doesn't have to start over at the beginning

 

[Marilyn13]

Absolutely correct. But this is not what you wrote in your previous post.

I am not sure what post you are talking about - I never posted about appealing or reapplying before?

 

[Marilyn13]

If your application has been reused, they will do this with a new application whether or not you do the appeal. As soon as you reapply the will already have your information in their system and see you have been refused. Do you mind me asking why your application was denied?

Our application wasn't refused, but a friend of mine's was. I was with her when she went to see her lawyer and he explained to us that it was better to reapply because of res judica. She agreed that they didn't have the best application and they corrected everything the visa officer said was wrong and reapplied and the visa office refused them again. She is appealing this time. She said reapplying is a waste of time because they already have their minds made up.

I think the difference between reapplying after a refusal and after an appeal is that if you reapply after a refusal they have to look at anything you tried to correct, or any new information you added and consider it a new application. If you reapply after an appeal they do not because they can say it was already decided (res judica).

 

[Marilyn13]

What if your relation is genuine and lost appeal even in federal court due to a reason which seem to them inappropriate. Should they will be far apart then forever from each other?

Nothing is stopping a couple from trying to reapply, but other than that moving to the applicant's country seems to be the only other option.

 

[#jahmed2018]

So

Request was made via email through my lawyer

So they emailed your lawyer and not you?

 

[Thommo]

I am not sure what post you are talking about - I never posted about appealing or reapplying before?

Sorry. I was referring to a post by gsa77

 

[shalenabennie]

So

So they emailed your lawyer and not you?

If you have a rep on your file, the will likely send all correspondence to them.

 

[mweselake]

Husband Finally got PPR today!!!!!!!

My timeline
Original application: may 2016
Refused: November 2016
Appeal: December 2016
ADR: September 2017....won by evidence aloma actual ADR was cancelled after reviewing evidence
File reopened: October 23 2017
PPR - March 2 2019

Ours took longer than usual after winning ad my husband was chosen for stricter security screening

 

[mweselake]

Can anyone help us..my husband Kacem Kadri lives in Tunisia and we just received letters via email saying his application for permanent resident has been refused . We are lost with what to do now ..I know we can appeal ,could he come on a visitor visa after refusal. Thank you So Stressed

My husband was refused from Tunisia but we appealed and won...we just got passport request a few days ago. Have faith . Message me with any wquestion

 

[mweselake]

Please people i live in Calgary/Edmonton i need a reasonable lawyer or immigration consultant any suggestions would be appropriated. I need to appeal time is running out.
HELP!!

Do u still need lawyer

 

[MaryL]

I got this recommendation from a lawyer (not the one who did our application):

It is necessary to understand the impact of appealing or reapplying after the refusal. If the appeal option is chosen, you have to understand that if you lose the appeal, you may no longer sponsor her ever again if the IAD has already decided on the matter. This is referred to as res judicata. Appealing is a good option if the spousal sponsorship had been prepared in the right manner and had all relevant information. I believe the case was incomplete and that is why this led to the refusal. I believe that a best option should be to submit a new application.

I guess I will submit new application. Ugh...

You should reapply only if you have more proof. This is what I always read here.

 

[Sara19]

My husband was refused from Tunisia but we appealed and won...we just got passport request a few days ago. Have faith . Message me with any wquestion

What kind of questions did they ask on the hearing? And how long was it?

 

[balpunjabi]

Husband Finally got PPR today!!!!!!!

My timeline
Original application: may 2016
Refused: November 2016
Appeal: December 2016
ADR: September 2017....won by evidence aloma actual ADR was cancelled after reviewing evidence
File reopened: October 23 2017
PPR - March 2 2019

Ours took longer than usual after winning ad my husband was chosen for stricter security screening

Hi please tell me when he submitted his medical and updated forms

 

[mweselake]

What kind of questions did they ask on the hearing? And how long was it?

We didn't have a hearing . I sent evidence in advance and that alone won our case

 

[Marilyn13]

You should reapply only if you have more proof. This is what I always read here.

It would be interesting to know what they consider ""proof" to be. My friend was turned down because they had engagement party but no wedding, no mututal committments and not enough visits according to the visa officer. By the time she resubmitted their application they had a big wedding, both had life insurance, shared bank account and credit card and they owned a car together. They also had 6 visits in the 2 years since being refused with her staying a month at a time each visit. The reasons for refusal the second time were a joke as they were not true. They said he didn't know the names of any of her family members which is not true. They said her husband had a precarious financial situation when he had a full time job which they submitted proof of in the application and they said that there were no pictures with family and friends when they had submitted over 100 pictures with family and friends that didn't include the over 100 wedding pictures that all included family and friends. They seem to overlook information in the application when it suits them. I know what was included because I helped her prepare her application. I wonder if she will get the same application back she submitted (blue book) or if they threw some of it in the garbage to back up their decision. I have heard of some people that reapplied that were approved, but I wish I had told my friend just to appeal it. She was devastated to be refused again, especially based on lies.