Application to Sponsor Spouse denied

[zovkalove]

What are the procedures in an appeal. Is the success rate high, can we just reaaply? Please help any advice regarding this process greatly appreciated. Was denied by Kingston, Jamaica Immigration, stating our marriage does not appear bon fide!! Please please advise

 

[KJG]

What are the procedures in an appeal. Is the success rate high, can we just reaaply? Please help any advice regarding this process greatly appreciated. Was denied by Kingston, Jamaica Immigration, stating our marriage does not appear bon fide!! Please please advise

I am not sure of the appeal success rate...but file for your appeal right away and you will probably have an ADR meeting before an all out full fledged appeal. I won't lie.....it is a long process. I went through it with a friend of mine whose husband was Cuban for the exact same reason....they did not believe the marriage was bona fide.

 

[samjo09]

What are the procedures in an appeal. Is the success rate high, can we just reaaply? Please help any advice regarding this process greatly appreciated. Was denied by Kingston, Jamaica Immigration, stating our marriage does not appear bon fide!! Please please advise

hello, i wonder why that your sponsorship denied? Did you gave all the evidence to prove that you have a genuine relationship?
What are the proof that you gave them? Who is the applicant? Did they interview you?

What documents are necessary to determine a bona fide marriage?

1.Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship.
2.Letters between the couple before the marriage, with their postmarked envelope.
3.Evidence of trips the couple has taken together, including bills and receipts reflecting hotel stays, car rental, plane tickets, postcards sent to family members while on the trip.
4.Birth certificates of children of the marriage.
5.Copies of joint income tax returns.
6.Evidence of joint checking or savings accounts.
7.Photo ID cards of both spouses with a new card for the wife showing her married name.
8.Driver's licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties.
9.Real property deeds showing joint tenancy.
10.Apartment lease or a letter from the landlord indicating that both spouses live at the apartment or copies of rent receipts showing both parties' names.
11.Letter from an employer showing a change in records to reflect the spouses' new marital status.
12.Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency.
13.Evidence of life insurance policies where the spouse is named as beneficiary.
14.Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary.
15.Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties.
16.Religious marriage certificates if the couple had a church wedding.
17.Copies of gas, electric, telephone and other utility bills.
18.Evidence of joint ownership of an automobile.
19.Evidence of all major purchases made together, such as stereo, television, refrigerator, washer, dryer, etc.
20.Pictures of spouse and family.

 

[tintin79]

Wow I'm shocked kingston, jamaica denied someone. I've actually never heard of anyone getting denied.

Sorry to hear. I really am in shock. Can you think of anything that would have caused them to feel that way. Was it a bad interview, not enough evidence etc.

 

[CharlieD10]

KG has an 86% approval rate for PR applications, which is actually one of the highest in the world for CIC. You don't hear much about them denying applications because it is a minority that it happens to. This is not to say that denials cannot be overturned, we did have on such case that I know of in the time since I have been on this forum.

Yes, you can appeal a denial. Your spouse will receive a copy of the letter that you received, and his letter will have attached to it information pertaining to his right to appeal the decision. He needs to proceed with urgency, he only has 30 days following notice of the decision to file an appeal. Remember, you have no standing before CIC, it is your sponsor who must file the notice of appeal and he is the one who will appear before the Immigration Appeal Division member (the "judge"). Of course, he may hire a representative (lawyer or immigration consultant) and call you as a witness if things proceed to a full hearing.

Here is a link that explains appealing a sponsorship/marriage case: http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/marriage.aspx

After going over that information together, you may decide it is best to approach a lawyer. Choose someone with experience appealing immigration cases, and do ensure that if you use a consultant they are registered with the ICCRC, these are the only consultants who may appear before the IAD. You would only be wasting your time hiring anyone else.

After a while, your husband will receive the case file containing all your evidence submitted and this will form the basis of your appeal file. However, appeals before the board are hearings "de novo" or "starting from the beginning". This means that the appeal member who hears the case must consider ALL the evidence from the application right up to the time of the appeal, so what you do as a couple after the denial decision will still be taken into account. This means you can submit other evidence of communication, support, time spent together, etc. The only caveat I will add to that is that many judges will place more weight on what happened before the decision being appealed than on what happens afterwards, so quantity of evidence post-denial is not so much important as is quality.

A successful appeal is a possibility, as I said before. How much work you put into it will go a long way towards making it successful. It will be a lot of work, and basically it's a second chance to make your case from scratch, it is important not to waste it.

Good luck to you both, whatever you decide to do.