Appeal after refusal by Hong Kong officer

[dhdesrochers]

Hi everyone,

I have few questions about the appeal I have made and I would really appreciate to get some feedback for those questions.
But before, let me expose my case.
The appeal has been done in December 2015. Still waiting for the appeal record.

History:
I am 58 years old and my wife is 54.
I am living in Quebec, Canada.
My wife live in China, Nanning.
I have meet a Chinese woman in January 2013 on internet.
We have been communicating together intensively before we meet in person.
We meet in person in August 2013. We spend 3 weeks together.
We continued to communicate using emails and skype and I came back 2 more times in June and August 2014.
we decided to get married in August 2014.
We submitted a PR in December 2014.
She was called for an interview on November 16, 2015 in Hong Kong.
I came with my wife for the interview. But I was not allowed to attend.
The officer was extremely rude and stressful to my wife.
To a point that my wife forgot some details about me and was not able to answer correctly many questions that she knew the answers.
The officer asked me few questions in a private room (for 5 minutes) in order to verify the answers of my wife.
we received the refusal letter a week later.
The refusal reason is that our relationship is not genuine because my wife could not give enough details about me and the officer concluded that the language barrier was the reasons.
I immediately made the appeal.

Details of our situation:
-My wife does not speak English and we use software translator either on internet and Skype when we are not together or using cellular translator when we are together.
-We have been really good using the translator to communicate everyday since 2013.
-We are on Skype almost 24 hours a day since 2014.
-We have cumulated over 4000 pages of chat communication with Skype and over 1000 emails since 2013.
-My wife has been supporting me everyday during hardship. With my work life and dealing with stressful situation. She was there to support me and give me advice about my sons.
-This is way more important and really defining the truthful of our relationship rather than remembering details about my past.
-When we meet, it was not important the we talk about the past but we place a lot of emphases to understand our mutual personalities, qualities and characters.
-Despite that I am not a rich man, I manage to come in china 5 times since 2013. This is also proving the importance we put into our relationship.
-We are not young couple and we have learn through our life what we really want and the serious of making the right choice. And making sure we develop a mature and deep relationship.

Questions:
-I am not able to spend another $3000 to $5000 hiring a lawyer or an other type of counsel.
-Can I represent myself at the appeal?

-Obviously, I need to prove our relationship is genuine and the difference of spoken language is not a barrier.
-Is there some similar case that some of you have been ?

-I intend to provide more evidence of our continuous communication and explained that the nature of our communication was really meaningful defining the truthful and making our relationship genuine.
-We had been functioning like a real couple when using Skype everyday and talking about any subject and any situation life has brought to us since 2013.
-But, what can I do more to prove our relationship is genuine ?

-Is coming to China 5 times is proving something?
-What other ground or what other reasons, can I provide that would make me win the appeal ?


Thanks a lot for reading this long topic,
Hope to get some feedback.

 

[DB2101]

Pas d'avis mais je voulais juste dire bonne chance.

 

[canadausa#11]

Out of interest, have you or your wife shown any progression towards learning the others language? Taking classes etc.? If not, then I'm sure that would have looked better in your application if you were showing that either you or your wife were working towards having a common language to speak to each other rather than relying on translation devices for the rest of your relationship.

 

[mikeymyke]

There is one member here who had the same problem, Chinese wife does not speak common language, both people using translation software to communicate. They had a refusal, but successfully appealed.

They overcame the refusal by showing discussions on things like what to do during retirement, kids, what to do while living in Canada, core values, etc. They showed the wife taking regular English classes and demonstrating in front of everyone her English ability, in order to better communicate with the husband.

It would seem rather odd to be communicating using translation software for the rest of your life if either party doesn't attempt to learn the other's language.

 

[Aquakitty]

I agree with the above. If you want a good chance to succeed, while the appeal is processing, take some language courses. You can successfully appeal without a lawyer, it doesn't hurt your case at all. The key is to be prepared with NEW proof covering all the concerns the officer noted.

You might want to check out this thread: http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.6960.html

Some good info there.

 

[Mightytonewheel]

I'm sorry to hear that your application was rejected.

First, you don't say anything about what proof was included in your original application. Did you include photos from your wedding and trips together? How about letters from friends and family? Airline boarding passes and tickets? You mentioned 4000 pages of chat logs -- did you include any of them? Do they show that you were able to translate conversations? If your original application was weak, it simply means you have a lot of opportunity to present a strong appeal.

Second. Understandably, you don't want to spent a lot of money on lawyers, but I think it would be wise to book a 2-hour meeting with a lawyer for help with an appeal strategy. To keep costs down, you would have to prepare yourself extensively and deliver a summary to the lawyer in about 30 minutes. Then spend the rest of the time getting answers to your questions. Make a complete list of questions and make sure you know exactly what to do for your appeal by the end of the meeting.

If you find a good immigration consultant, you can do it even cheaper. But try not to obsess about money. This is your wife we're talking about. You really, really, really don't want to lose this appeal, and it's a really bad time to be conservative about money. Spend a little and get some really world-class advice, and make sure your appeal is the best it can be.