appeal for American partner

[tgchi13]

He doesn't have to drive. He just has to pass the written test to get his learners. That's an ID

My point about renting was that if he is allowed to rent an apartment or house and get utilities in his name, there should be no reason why he wouldn't be allowed to get utilities in his name at your house. If your utility companies are saying something different, they are overstepping their boundaries.

Leon, right now we have enough on our plate without challenging the utility companies! (We are going to start with the government and work our way down ;-) But I agree.

I didn't know about the written test to get his learner's! Too bad he's back in the States.

Excellent tip!

 

[Karlshammar]

I got a library card before even getting a utility bill. I just asked for something from the Swedish government that sent it to my address in Canada, then went to the library and said "I have a letter from my government" and showed it to the staff at the library. She accepted it without question and gave me the card. This was in Ottawa.

I imagine that some people might not accept that, but I'm sure they should all accept utility bills.

 

[ariell]

Believe me, we do accept blame for the poor choice of legal council. I, however, fail to see anything in the letter that is damning (there is no direct challenge specifically to conjugal portion of the application) the and am seeking further guidance and support - here, with a local immigration settlement councilor (an independent program suggested by our MP) and pursuing a paid advocate to assist with an appeal. We intend to proceed with the appeal because we think we should win. If the independent unpaid settlement councilor and the paid advocate strongly feel it is a waste, then we will reconsider.

Although you've only quoted a portion of it, by saying that they are 'not convinced that you are not inadmissable' means that they are not convinced that you meet the requirements of a family class applicant, conjugal category.

 

[tgchi13]

I have a meeting with a noted CSIC (Canadian Society of Immigration Consultants) member in good standing tomorrow (yes, on a Saturday).

 

[NYCtoNB]

I have a meeting with a noted CSIC (Canadian Society of Immigration Consultants) member in good standing tomorrow (yes, on a Saturday).

good luck woman

 

[tgchi13]

Thanks NYCtoNB -

Meeting went well and, with everything I've learned here, I really wish I'd know of this consultant years ago!

He saw one area for us to get a document/information for, helped ensure I have the appeal and CAIPS applications correct (I had a few mistakes) and said he would take a retainer now if we wanted him to get the info/document on our behalf. He suggested that we first get the document/info on our own because that will determine if we will win the ADR and then retain him. If we can't get the document/info then we should cancel the appeal and take another tact and we won't be out any money.

We also said that I could put him down as the representative at this time, even not having paid him, knowing that we will either be canceling the appeal or that we will be hiring him to help us win. He does not want to take our money unless we will win but would take it if we need him to get the document/info we need to make the decision.

I'm scared, but we know how to proceed: Filing the appeal and the CAIPS request.

 

[hbwpg]

Thanks NYCtoNB -

Meeting went well and, with everything I've learned here, I really wish I'd know of this consultant years ago!

He saw one area for us to get a document/information for, helped ensure I have the appeal and CAIPS applications correct (I had a few mistakes) and said he would take a retainer now if we wanted him to get the info/document on our behalf. He suggested that we first get the document/info on our own because that will determine if we will win the ADR and then retain him. If we can't get the document/info then we should cancel the appeal and take another tact and we won't be out any money.

Do you mind me asking what that particular consultant's rate is?

We're trying to determine whether to go the consultant or lawyer route and trying to determine how much we should prepare for.

Good luck with the appeal!!

 

[tgchi13]

Are you looking for his rate to handle and ADR? An appeal?

 

[hbwpg]

Are you looking for his rate to handle and ADR? An appeal?

No, just a general overview for rates. I don't really expect an answer, haha, every case is totally different.

I'm torn between a consultant and a lawyer.

 

[tgchi13]

Sorry, I don't know. I only discussed the ARD and appeal.

 

[RobsLuv]

Hi, thanks everyone for replying. We have been told innumerable times that we could not change the status of the application, our lawyer told us we could not apply under common law on an outland application if he was living here but she also said and did many other incorrect things. Sigh.

This has become messy and complicated but I think it's worth attempting the ADR/IAD and it the ARD gets rejected then we reapply. This process has shown me that we are already, in our hearts, already wedded and that the piece of paper is far less traumatic to live with than living apart. We became engaged and have decided to proceed with the marriage regardless of Immigration as that is what is now right for us.

Some of the utilities were set up by him (phone service, internet) and in his name but we changed those so as not to violate the law. He has a spousal credit card, in on and uses my medical benefits and is my policy beneficiary. I have family and friends who can state that he has been living here.

I'm thinking that that a very unnecessary, costly and only marginally valuable lesson has been learned.

Yes, I think the refusal is based on false information from an unscrupulous lawyer and, because of that, I think that proving the relationship is a commitment is worth the ADR process.

There is something in the (appeal) letter that frightens me due to my lack of understanding:

"If the Appeal Division finds that an applicant is not a member of the family class, the Appeal Division will not have jurisdiction to consider the appeal."

How is that possible? How is the IAD to determine that he is family class until after considering the appeal? I´m not wording this well at all but it seems like a catch-22, and not in our favor. I think the relationship being valid is easily provable but I still don´t understand how the Appeal Division can find that an applicant is not a member of the family class, before considering the appeal and so not have jurisdiction to consider the appeal.

I'm sorry - I've not read through the 39 previous replies to your thread because it's clear to me that your best option, if you've already decided to marry, is to just do that and then re-apply. Don't bother with appeal. You got the short end of the stick with an incompetent lawyer and an IO who was too chicken-**** to refuse for the reason supported by the IRPA. You did not qualify as conjugal partners - but they refused for a different reason just so that they can turn around and refuse you again after you win that appeal based on you not being qualified conjugal partners!

Any appeal will be a farce and will cost you nothing but time and money for nothing. Our application was refused for a reason that was NEVER supported by the IRPA and Regulations but we had no choice but to file an appeal because of timing issues pertaining to the reason our ap was refused. It's been two years and thousands of dollars and we've yet to have our hearing, and the ADR was a complete joke! Seriously, get married so you have a relationship that qualifies and start over again. Much cheaper - much faster . . . and, for God's sake, apply outland even if he is in Canada with you. Nobody says you have to apply inland just because he's here. Email me or PM me if you want more info. I'm SO tired of the games this bureaucracy plays and the complete incompetence . . . and the lawyers who capitalize on it!

 

[tgchi13]

I get where you are going with this. It took several reads (hey, I'm slow this time of night) but I do get what you are saying.

I'll send a PM/email. Thank you for your willingness to help us when you are in a similar situation. What this does to our lives becomes all absorbing, doesn't it?

 

[tgchi13]

We will file and then withdraw the appeal.

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.

We have picked March 17th to wed. Does anyone have advice to offer? Can/should we apply for a TRP? Can we re-file now file and outland as spouse knowing this will get no where prior to the actual wedding date?

I said to my assistant today that we can't let this feel like shotgun wedding ~ with the Canadian Federal Government on the trigger.

 

[nyssa]

tgchi13 I don't have the answers you need, but I do want to say this: CONGRATS ON YOUR WEDDING!!!! I remember when I first started to read the forums in May after my now husband and I were seperated at the US/Canadian border and had to re-do our entire lives. We got married in October and had a wonderful, beautiful wedding I wouldn't even do over if I had the chance.

For this wedding, please put all immigration matters aside for one moment. My husband had to remind me of this several times!!! I kept worrying about this process and he said, "Love, this is our wedding, worry about that! This is our moment!" Just something to keep in mind. Have fun! Be a bride! Then come back to this forum when all is said and done. Then file.

Best of luck to you, I know your heart is in the right place, and true love will shine through.

 

[tgchi13]

Thank you nyssa for the beautiful sentiment! I will cherish it and reread it when I need calming.

We'd originally picked November 11th - Remembrance Day - and were going to be wed in Buffalo because we needed to be there for the Immigration meeting anyway but when we discovered Immigration had changed the meeting to NYC we couldn't pul it off that fast.

I don't want anything extraordinary. I believe the marriage is in the life you lead after the ceremony and not in the ceremony itself.

My assistant is trying to find out if she can be ordained (non-denominational) in time to perform the ceremony. I hope she succeeds but I 'm not sure how I feel about the party administering the vows crying more than we do.

If you are in NC you are more than welcome to attend. Clothing mandatory but, but casual preferred (bad joke)