case refused need help

[maa2010]

hi to all,I'm new on this forum and hoping to get some advice
I sponsored my husband in May 2008 and we were married in 2007
I’m living with my son in Canada.
When we were filling our family class sponsorship applications, we forget to mention his first marriage in the forms because he was divorced in 1996 and his first marriage stay for six month only
When my husband appeared for interview in January 2010 in Canada high commission, immigration officer refused our case and band for two years for just on one reason
: Why we have not mention his previous marriage while filling the case
My question is :
• Can we go for appeal against this refusal?
• If I’m satisfied as a second wife and he divorced his first wife in 1996 than why immigration officer blame on him as liar and ban him for two years

 

[asimkhan]

dat is sad...............
but the first rule to follow while applying for any countrys residency specially Canada because everything is bareable less LIEsss.................................. it is very hard to accept that that he FORGETS as it is not a very little thing it was a full fledge relationship...............doesnt matter for 6 months or 1 day ....................... now coming to the point I dont think they r going to agree for any reason in appeal .................. yes you must get advise from a good old immigration lawyer

 

[vonster]

how did CIC find out that he was previously married?

 

[Halifax-Maple]

how did CIC find out that he was previously married?

This was the question in my mind....but you were faster

 

[mitamata]

If you "forget" to mention something like that, it's misrepresentation. Whether it was intentional or not. That's why you have to be really careful when filling out the forms.

You can always try appealing, but I'm not sure if it would work in your case.

 

[Karlshammar]

You can appeal but will most certainly lose, as he did commit this act, for which there were no humanitarian reasons.

It is not an issue of whether he was unhappy with his first wife or you are happy with him; the Canadian gov't does not judge someone for having been married in the past. But it does judge someone for lying to it on official application forms. If he was banned for only two years it's good luck in my opinion; you can try again in two years and make sure you don't "forget" anything.

 

[saima123]

maa2010, sorry to hear that. How did they find out he was married before?

 

[alok11]

maa2010,

put yourself in the IO's shoes, if you were the immigration officer, how would you feel if someone tells a lie as big as that to you and you find out? am pretty sure you would do more than what the IO has done. Having been previously married and divorced does not affect anyone's immigrating to canada but 'misrepresenting'! They don't take it lightly and nobody here on this forum will advise you to appeal against it, even PMM, Leon and most senior members would not. Someone said to get an old immigration lawyer, well i think you would be wasting your money by so doing. Wait for 2years then re-apply, but really, there is still no guarantee. Remember not to forget anything as important as that!
BTW, pls let us know how the IO found out about this lie.

 

[Halifax-Maple]

Hello everyone here,

Why can't we wait for maa2010 (the owner of the post) to clarify and expand her story, instead of attacks and attacks...?The poor woman came to seek our help and to share experience. I believe she is, by now, too scared to make further comments. Can we just wait and adopt the saying "every person is innocent till proof of otherwise"

Good day

 

[Juche]

well, sorry to heart about this major snag in your case. I hope you get it figured out. As for how they found out about the marriage, the question of how isn't as important (although it certainly is interesting) as is the fact that the boys and girls at CIC sure do their homework. So if anyone is thinking of leaving something out on the ap....think twice!

 

[SadGirl:(]

I am so sorry to hear such sad news. Especially when you two have waited for a very long time.

Did they find this out through the background checks? However, I always thought they do background checks after an interview, but maybe each visa office does things differently.

 

[maa2010]

Thanks a lot for Ur advice, please give me some hope , after all this is a spousal case and how long can I live without my husband in Canada with one year old child,
We don't know how they trace out my husband previous marriage record.we are waiting for decision letter .
we have divorce paper of previous marriage of my husband, can we send divorce paper to embassy before receiving final decision ,will it work,.......they will consider it or not

 

[Juche]

just out of curiosity, which visa office is your husband applying from? At any rate, your safest bet is obviously to contact an immigration lawyer. your case will demand professional help.

 

[maa2010]

we are waiting for our case decision letter .
My husband married with Norwegian girl in 1995,he did not apply for any immigration we have divorce paper of previous marriage from Norway court and homeland court of my husband , can we send divorce paper to embassy before receiving final decision ,will it work,…….they will consider it or not

 

[FamilyMan]

Hello maa2010,

The fact that there exist to this day government documentation since 1995/1996 pertaining to your husbands first relationship (be it either the wedding certificate or divorce certificate), this information can be readily made available to the IO in the Canadian Embassy. This is their primary task - i.e. to verify all information on the application is accurate and the IO will go through all channels to verify the info.

As for hope - I can only say that since for sure the wait is another 2 years - it can only add strength to your case that you are still married after two years and there would really be no other reason to deny you entry.

During the 2 year wait, remember to continue keeping a log of your calls, photos, trips, etc.