appeal for American partner

[nyssa]

Hehehe, I am so glad I could help. It is a very important thing to remember indeed.

Unfortunately I live in IL, but attending a wedding where someone was going through the same thing as I would be more than amazing! I wish you all the luck and happiness in the world! Again, true love prevails. You two have nothing to hide, therefore CIC will see the same.

We had a Celtic Handfast wedding in Toronto... at Casa Loma!! Unbelievable considering they have a 3 year waiting list and I secured a spot 5 months before the wedding. We figured we deserved some kind of happiness despite this mess :-D

 

[Karlshammar]

None of those physical conditions pose a public health danger, so for a spousal application you are A-OK!

The response I received in that my partner will require another physical even if ADR/appeal succeeds. He is a leukemia survivor, now insulin dependent and he had a heart attack at the beginning of June and another (confirmed as untreated) in Immigrations' custody later in June. He will not pass the physical as required by the conjugal class application but it is my understanding (and PLEASE correct or confirm) that under a spousal application results of this nature will not compromise the application.

 

[Siouxie]

http://lawyerratingz.com/ I don't know if it's any good, but it's there

 

[tgchi13]

http://lawyerratingz.com/ I don't know if it's any good, but it's there

Siouxie, I had looked and looked for a rate lawyers site. Thank you! When some of the rest of this mess gets back under control, I'm filing the complaint with the Law Society of Upper Canada - I have a moral obligation to do so. Monday morning I already sent the lawyer (and her superior at both her current and previous law firm) an initial letter.

Karlshammar, thank you! It eases my mind to have this confirmed. We CAN do this!

You guys rawk!

 

[Siouxie]

You are most welcome

The sad thing is there are very few lawyers rated with smiley faces - perhaps because we seldom think about wanting to rate someone until and unless we have received bad service.

Having said that, I did rate my doctor on ratemd because she is simply awesome

As a spousal applicant, your soon-to-be husband will be exempt from medical requirements (although he will still have to have a medical) as per OP2 manual page 18 http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.20. Exceptions to medical inadmissibility
A38(2)(a) states that spouses, common-law partners and dependent children who are members of
the family class are not inadmissible even if they have a medical condition that will result in
excessive demand to health or social services.

Take care

 

[tgchi13]

Hmmm...I now what you mean. I recently sent negative rating regarding a doctor but while I was filling it out I thought that same sentiment and submitted positive reviews for all the other wonderful doctors and health care providers I've been lucky enough to encounter.

I did the same when I submitted my comment on this lawyer -every other god lawyer I've dealt with was reviewed also.

 

[The Littlest Hobo]

Wow, this thread is FASCINATING! Seriously, sometime fact is wilder than fiction, it's like daytime television drama, although it would be nice if some of the awful things weren't happening for real (a heart attack while at immigration???)

My two cents aren't worth much but here's what I get after reading your case with avid curiosity: I dunno anything about appeals but if they rejected your application because they say you didn't meet their definition of conjugal partner class, then what is the point?

Why not file a new outland application now under the common-law category? If you have been living together for 2 years already (you mentioned your bf was in the states though - does he spend a lot of time down there or most of his time really living with you?) and seem to have documents to prove it and people who would write letters to support that, you are in a genuine relationship and have lots of photos and family and friends who know about you being a couple, you can show evidence of some of your wedding plans (ie a guestlist and copies of invitations, reservations for a venu, order forms for cake or dress or whatever) - well, all of that combined seems to me a shoe-in for the common-law spousal category. True it takes a bit of time to get all the forms and police certificates and medical etc. but once you submit it all, some people are done in 3-5 months! So why bother with an appeal or a lawyer or a consultant? The instructions are all there on the CIC website, if you can read English or French and you take your time and don't rush, and you can look on this forum each time you find something you don't understand, you can do it yourself and better than the lawyer did!

I'm guessing the majority of people do not get professional help with this process,I don't see why you wouldn't be able to do it and I don't think you should worry you'll do it wrong, it's not that difficult you just be calm down and have a clear head when reading the stuff. There are plenty of people writing in detail about how they organised their application and what kind of PoR they included, etc. I'm sure there's plenty written about common-law.

Seems like the most logical and fast way to PR from what I'm reading. You could just explain in a letter that your hired representation provided you with misinformation and that's why your previous application was filed incorrectly. They shouldn't hold that against you.

Well good luck whatever route you choose, congrats on your upcoming wedding (we planned ours in 30 days and it was WONDERFUL!!! But the delay in Ontario in registering the marriage is something to consider if you plan to wait until after your wedding to file) and keep us posted,
Cheers,
TLH

 

[The Littlest Hobo]

We had a Celtic Handfast wedding in Toronto... at Casa Loma!! Unbelievable considering they have a 3 year waiting list and I secured a spot 5 months before the wedding. We figured we deserved some kind of happiness despite this mess :-D

Wow, Casaloma, that would be decadent - how exciting! When did you get married, if you don't mind my asking, and why are you waiting until February nyssa? Can't you apply right away?

I guess on an immigration forum it may seem more administrative than romantic but still... all this talk of weddings is making me all mush I'm such a girl!

Cheers,
TLH