Conjugal Partner Application need advise

[mogohuang]

me and my "wife"(not legally married) we met a long time ago and we tried to get married in malaysia since i was a refugee from china and for some reason i cannot go back to china and she was studying in malaysia however our marriage application was rejected for some reason by the local authority and her visa application for visit was also turned down by the high commissioner of canada. Now that our relationship is well over one year and I wanna to sponsor her to come here I have sent my application already. I have a job for about 40k a year and I have a condo. and in the application I include all of our pictures from our stay in malaysia and 1 year worth of phone bill and numerous twitters that she posted with our picture and some other tickets. also she met my mom and dad I included those pics and all of our passport copies and air tickets. do I have a very strong case?

 

[amikety]

Did you include the rejection for the visitor visa and rejection for your marriage? Those two will be vital to your case and with them, you have a fairly strong case. Her meeting your parents is great.

I would've included more phone bills than just 1 year and proof of the long term relationships (which you might have with the tweets, photos, and tickets).

The VO may ask why you didn't marry in another country, such as China, so you will need proof you can't return (such as your protected person documents showing returning to China would put you in danger).

Hopefully, the VO will contact you for additional information.

 

[mogohuang]

Did you include the rejection for the visitor visa and rejection for your marriage? Those two will be vital to your case and with them, you have a fairly strong case. Her meeting your parents is great.

I would've included more phone bills than just 1 year and proof of the long term relationships (which you might have with the tweets, photos, and tickets).

The VO may ask why you didn't marry in another country, such as China, so you will need proof you can't return (such as your protected person documents showing returning to China would put you in danger).

Hopefully, the VO will contact you for additional information.

Thank you for your reply, Well she is that kinda person cannot keep her won staff. so she lost the refusal letter however i had the ref# with I mentioned in the letter enclosed in the pkg. I did include all our airline travel ticket and boarding passes. and tons of local attraction admission from malaysia. The reason we cannot get married is because chinese passport is nothing better than toilet paper 99% country she wants to go needs a visa. and because my status as refugee i am not very comfortable to go back to china at the moment. I think the VO should understand that.

 

[mogohuang]

Did you include the rejection for the visitor visa and rejection for your marriage? Those two will be vital to your case and with them, you have a fairly strong case. Her meeting your parents is great.

I would've included more phone bills than just 1 year and proof of the long term relationships (which you might have with the tweets, photos, and tickets).

The VO may ask why you didn't marry in another country, such as China, so you will need proof you can't return (such as your protected person documents showing returning to China would put you in danger).

Hopefully, the VO will contact you for additional information.

BTW there wasn't any refusal letter for our marriage application cuz the agent simply told me cuz i was holding a RTD from Canada and stated my nationality as Chinese they are afraid of Chinese gov.........however I did include all the paper work we have done for the preparation a letter from high commissioner of Canada and certified by Malaysia minister of foreign affair and our application for marriage. would that be enough to proof that we have every intention to get married but failed.

 

[amikety]

Thank you for your reply, Well she is that kinda person cannot keep her won staff. so she lost the refusal letter however i had the ref# with I mentioned in the letter enclosed in the pkg. I did include all our airline travel ticket and boarding passes. and tons of local attraction admission from malaysia. The reason we cannot get married is because chinese passport is nothing better than toilet paper 99% country she wants to go needs a visa. and because my status as refugee i am not very comfortable to go back to china at the moment. I think the VO should understand that.

The thing about the applications is its your job to show the VO. It's not the VO's job to research your particular countries laws and know all the details such as the worth of your Chinese passport (although they probably do). It's their job to research your application, background checks, and decide if your file meets the burden of proof. The burden of proof is on you.

Hoping that the VO understands is a crap shoot. Some agents are compassionate, others are not. It's best to assume they aren't when you do your application. We're dealing with laws and regulations, not tugging at heart strings...their job is to follow the regulations and laws. Hopefully, you wrote a letter explaining your troubles getting into other countries. (Are you a protected person in Canada? That part was never clear.) And one thing to consider - countries she 'wants' to go to versus countries she 'can' go to. If she can go a third country to marry you, but chooses NOT to - that isn't a valid conjugal application. That is a marriage application being put off by wants as opposed to outside forces. Don't get too down by this, however. The VO does seem to be somewhat understanding that not all travel is practical or affordable. It doesn't seem (based on my reading) that this alone will get your application refused unless there are other problems. I definitely would avoid mentioning the "want" word however.

Your application is good, except why you couldn't marry. If you didn't include proof, you cannot expect the VO to understand.... a reference number unfortunately doesn't tell them anything except you had an application. The agents aren't obligated to research it because it's your job to provide clear and concise proof up front.

Hopefully they will email you if they need additional documents - this seems to be happening more frequently with conjugal cases, so that's good news. It will give you a chance to make a stronger case. I would get all the visa refusals and a copy of your protected persons application on standby.

 

[amikety]

BTW there wasn't any refusal letter for our marriage application cuz the agent simply told me cuz i was holding a RTD from Canada and stated my nationality as Chinese they are afraid of Chinese gov.........however I did include all the paper work we have done for the preparation a letter from high commissioner of Canada and certified by Malaysia minister of foreign affair and our application for marriage. would that be enough to proof that we have every intention to get married but failed.

Sorry, I don't think so. In fact, having the marriage application but no refusal letter would look more like you could get married but chose not to. I'm hoping you included a letter regarding this in your application. Did you include any research or documentation that Chinese are refused to marry in Malayasia? Even a news article about the fact would help.

I'm thinking in your case, a lawyer would've been a great help. Did you use one?

 

[mogohuang]

The thing about the applications is its your job to show the VO. It's not the VO's job to research your particular countries laws and know all the details such as the worth of your Chinese passport (although they probably do). It's their job to research your application, background checks, and decide if your file meets the burden of proof. The burden of proof is on you.

Hoping that the VO understands is a crap shoot. Some agents are compassionate, others are not. It's best to assume they aren't when you do your application. We're dealing with laws and regulations, not tugging at heart strings...their job is to follow the regulations and laws. Hopefully, you wrote a letter explaining your troubles getting into other countries. (Are you a protected person in Canada? That part was never clear.) And one thing to consider - countries she 'wants' to go to versus countries she 'can' go to. If she can go a third country to marry you, but chooses NOT to - that isn't a valid conjugal application. That is a marriage application being put off by wants as opposed to outside forces. Don't get too down by this, however. The VO does seem to be somewhat understanding that not all travel is practical or affordable. It doesn't seem (based on my reading) that this alone will get your application refused unless there are other problems. I definitely would avoid mentioning the "want" word however.

Your application is good, except why you couldn't marry. If you didn't include proof, you cannot expect the VO to understand.... a reference number unfortunately doesn't tell them anything except you had an application. The agents aren't obligated to research it because it's your job to provide clear and concise proof up front.

Hopefully they will email you if they need additional documents - this seems to be happening more frequently with conjugal cases, so that's good news. It will give you a chance to make a stronger case. I would get all the visa refusals and a copy of your protected persons application on standby.

I have to say thank you so much. I do understand the part that it is my job to give enough information so I included a pdf print out from malaysia authority stating the requirement for foreigner to get married in malaysia and I highlighted the part where they want to have both of us have passport national and RTD is not considered as one. I dont know if that gives enough proof for the VO. and I did explain my situation in canada as a protected person and i did mention that other obligations. I took two one-month worth vacation just to visit her last year I just hope that the VO would understand that i dont have any cash lying around for me to do any more traveling.

In worst case scenario, if they want to see the rejection of her visit visa can i call high commission of canada in malaysia and ask for one?? and sent to them?

 

[mogohuang]

Sorry, I don't think so. In fact, having the marriage application but no refusal letter would look more like you could get married but chose not to. I'm hoping you included a letter regarding this in your application. Did you include any research or documentation that Chinese are refused to marry in Malayasia? Even a news article about the fact would help.

I'm thinking in your case, a lawyer would've been a great help. Did you use one?

I didnt have any extra cash to afford one at the moment so i choose to do it on my own. I spend all my savings this year cuz i had two trips down there and company only give me 15days paid the rest are no pay. I did include the regulations posted on malaysia local authority's website and highlighted their official reason but they said that since we not qualified they cannot provide us with any refusal letter because only qualified application will be processed. so our application was empty on the official only part.

 

[amikety]

I didnt have any extra cash to afford one at the moment so i choose to do it on my own. I spend all my savings this year cuz i had two trips down there and company only give me 15days paid the rest are no pay. I did include the regulations posted on malaysia local authority's website and highlighted their official reason but they said that since we not qualified they cannot provide us with any refusal letter because only qualified application will be processed. so our application was empty on the official only part.

Okay, it's great you included the regulations. Chances are the VO already knows its difficult for foreigns to get maried in Malayasia, but including that is even better.

Overall, the VO has probably seen it and heard it all and they know all these rules and laws....

Calling her embassy and asking for a copy of her refusal is a good idea. I would first ask them if they will research it automatically because they might. If not, get two copies. Keep one in case you're asked for it later and send the other one to the VO after the file is transferred with your UDI and a letter. They should get it and add it to your file. (Although that doesn't always work.)

 

[mogohuang]

Okay, it's great you included the regulations. Chances are the VO already knows its difficult for foreigns to get maried in Malayasia, but including that is even better.

Overall, the VO has probably seen it and heard it all and they know all these rules and laws....

Calling her embassy and asking for a copy of her refusal is a good idea. I would first ask them if they will research it automatically because they might. If not, get two copies. Keep one in case you're asked for it later and send the other one to the VO after the file is transferred with your UDI and a letter. They should get it and add it to your file. (Although that doesn't always work.)

Thank you sooooo very much for keep helping me here. I will call the VO in malaysia tomorrow for this info. BTW, my part of the application does look good right?

 

[amikety]

Thank you sooooo very much for keep helping me here. I will call the VO in malaysia tomorrow for this info. BTW, my part of the application does look good right?

For your part, all they do is make sure you fit the eligibility requirements to sponsor. They won't assess the relationship until Stage 2.

 

[mogohuang]

For your part, all they do is make sure you fit the eligibility requirements to sponsor. They won't assess the relationship until Stage 2.

Gochat, I really appreciate your help.

 

[amikety]

Gochat, I really appreciate your help.

You're welcome and good luck!

 

[sunsun]

You can't marry in Malaysia ? Are you sure ?

 

[mogohuang]

You can't marry in Malaysia ? Are you sure ?

Thank you for your reply, I am very sure. according to their JPN(civic center like institution), they need my national passport which i dont have one and if i do i need a letter from chinese gov stated i am single which i cannot get. so i use my rtd which they do not consider as a passport. I was at putrajaya 3 consecutive day just try to get it approve but the answer was very clear that I wasn't qualified. and outside of the official requirement the agent told me that cuz my nationality was chinese and they simply afraid of china. otherwise they would play dumb let us get married.