Divorced mothers and the "No objection declaration", please help :(

[MJDcanada]

Hi, everybody. I am new here and if possible could anyone help me with my concern? I am divorced and I have the custody for my kids. I applied to the CIO in 9/9/2010 and my file is "on process" since April 2011. What delays my file is that the visa office in Cairo has asked for, and I paste:
'A notarized declaration indicating that your ex-husband has no objection for the children to accompany you for immigration and permanent residency in Canada, such declaration may be notarized at the "Notary Public" office (El Shahr el Akary). "

I kept searching for my X for 4 months and then convincing him for another 2 months till I finally could have had a written agreement with him that he has no objection for the kids to immigrate to Canada as long as we will not ask him for any money for that or during our stay there. I notarized the agreement in our local notary public (elshahr elakary) and sent it to the embassy. After 20 days they sent me an email to indicate that:
" the declaration recently received is not/not satisfactory. You are kindly requested to have the children's father come to this office to sign another declaration. "

The VO says that my X should have gone to sign in front of the notary public who is Elshahr elakary employee i.e the agreement should have been attested and notarized not notarized only, although as you can read from what I posted earlier the VO did not mention attesting of the declaration but only noterization.

How on earth can I get him TO the embassy to sign such a declaration? He requested from us when we were writing the agreement in the lawyer office not to contact him again what ever happened to us. He is always afraid that I would sue him in court for not financially supporting the kids according to the Egyptian law and I really do not know an address for him.

I tried to explain that to my VO and tried to ask him if there is anything else I can do instead of that. Actually he was so helpful and asked me to provide him with his contacts so he would contact him by himself. I gave him his email but I could not give him his phone number as my X is closing this number all the time as it is the only number I had for him.

Now, another 20 days have passed since then. I do not know if my VO has contacted him or not but I sent the VO another email asking if I can do anything else instead of relying on my X. I also sent him in the email my future plans for settlement including housing , schooling and job which I secured all for my kids and myself, but still no answer from his side.

Would anyone advise me please what should I do? any idea will be helpful for a lost one like me. I cannot freeze my life for a whole year and then get rejected because of someone who is not even caring to see his kids once a month. Should I contact the ambassador? but I do not want to pess off my VO, I always feel that he is trying to help me. Should I email the immigration minister asking to consider my case as a humanitarian case? Should I wait to be rejected then ask for a judicial review or an appeal? I even thought of being considered as a refugee but the surprise is that I will still be asked for the same document.

As you know the revolution in Egypt now is making it harder for me to live in secure life being alone with 2 kids. I cannot even go to my work and my kids are not going to school on regular basis now because of lack of security in the streets. Should I bear this life only because of my X?

Please help me

 

[MJDcanada]

Would please any of the seniors reply to me? Leon, PMM, Dr. Misbah, Qorax. You have all posts in related issues and you seem you have something to advise me with. plzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz help

 

[mitali]

Dear MJDcanada,

I am truly saddened by the situation that you are in. I would like to let you know that you are a very strong person and a very protective mother.

Your situation unfortunately deals with a lot of legal matters between you and your Ex and I have no knowledge in that area.

I can only suggest the following:

1. Can you approach his family members to pacify him to sign another NOC (NO objection Certificate).

2. Since you say that the document was prepared in the Lawyers office, is it possible to request the Lawyer to write a letter to VO to affirm the fact that he was a witness to signing of the document by your EX? If the Lawyer agrees then try to persuade the VO to accept this document from Lawyer as you cannot find your EX. Also mention to VO that he could talk to the lawyer personally (that's only if the Lawyer agrees).

3. It will also be valuable if you could show VO some proofs of actually trying to find your EX.....for example...emails, tel calls, visits to family members...etc.

4. As a last and extreme resort, spread the message for your Ex that you will be taking legal steps to provide you and children for alimony, if he does not sign the papers as required. .....try this only as a last step when you've exhausted all other means.

5. Also request your VO to give you more time for the submission of the NOC document.

I sincerely hope you will find a solution to your problem soon. Have faith in YOURSELF and trust that you and your children will be taken care.......My good wishes ALWAYS with you. Wish you all the success in your future life in Canada.

Mitali

 

[gashe4peace]

Would please any of the seniors reply to me? Leon, PMM, Dr. Misbah, Qorax. You have all posts in related issues and you seem you have something to advise me with. plzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz help

Hi
it's really heart touch story.Please pray to God.i also have the same life style i don't know what will happen.I think ask advice your divorce lawyer and most importantly expect you will get valuable advice from your native member. don't your kids have the right to send message to their father? if they do have,please use a very kind word in their message so that he can contact them.Please pray both of you.God will answer on his time.
with regard

 

[MJDcanada]

Dear mitali:
thank you VERY MUCH for your reply. You made me cry as strange people can see how much I want to protect my kids while their own father does not care. I hope I am strong enough to pass these days as IF God forbids I did not, I do not know how I will survive with my kids in this country. It could be our last days in life.
As for my Ex,
1- I really liked the idea of the lawyer to witness to signing, I will try to send an email to my cooperative VO today.
2- His family are the devil himself, no use contacting them. They are supporting him in his situation. I have tried with his family and friends, but he is taking this as the only chance to take revenge from me asking for divorce in the first place.
3-I sent the embassy his email so if they tried to contact him they will know that he does not respond
4-courts are closed in Egypt now till maybe March or April 2012 even after that if I filed for a case it will not ne reviewed before the end of 2012 and will take more than a year or 2 to have final decision, this is our legal system here. He knows that very well and he has a much better lawyer than mine.

Do u think I have to send an email to the embassodor or the minister trying to explain that? would it be of any use?
Thanks again for your sharing and feeling, we are brother and sister in humanity

 

[MJDcanada]

Hi
it's really heart touch story.Please pray to God.i also have the same life style i don't know what will happen.I think ask advice your divorce lawyer and most importantly expect you will get valuable advice from your native member. don't your kids have the right to send message to their father? if they do have,please use a very kind word in their message so that he can contact them.Please pray both of you.God will answer on his time.
with regard

Thank you for your feelings. I have a huge trust in God that he will help me. If it was about me alone I would not care, if I have nothing in life to regret but it is the poor 8 and 11 years old kids. And still I do not want to get them in the middle of my struggels with his father. I should keep his image high for them. According to our legal system, I should have gone to the court with the kids so many years ago and make them witness to the judje that his father did not live with us for the past 3 years before divorce just to get my divorce easier and earlier. I refused to put them in this situation and waited for 2 years to have divorce decision.

I just hope that God answer will come soon as no one can imagine how hard is life for me and the kids.

thanks again and plz keep praying for me dear

 

[MJDcanada]

gashe4peace can you plz advise me how to send private messages as it keeps telling me "You are not allowed to send personal messages" ?
thanks

 

[mitali]

Dear mitali:
thank you VERY MUCH for your reply. You made me cry as strange people can see how much I want to protect my kids while their own father does not care.Just believe that you are strong...you are strong and you are strong and you will be able to get through this difficult phase I hope I am strong enough to pass these days as IF God forbids I did not, I do not know how I will survive with my kids in this country. It could be our last days in life.There is a plan for everyone.....be POSITIVE
As for my Ex,
1- I really liked the idea of the lawyer to witness to signing, I will try to send an email to my cooperative VO today.
2- His family are the devil himself, no use contacting them. They are supporting him in his situation. I have tried with his family and friends, but he is taking this as the only chance to take revenge from me asking for divorce in the first place. This is getting me worried now....was he included in the initial application? I hope you had declared him on your application. As a NON Accompanying member, he has to undergo the Medical examination. Inform the VO and seek his advice

3-I sent the embassy his email so if they tried to contact him they will know that he does not respond

4-courts are closed in Egypt now till maybe March or April 2012 even after that if I filed for a case it will not ne reviewed before the end of 2012 and will take more than a year or 2 to have final decision, this is our legal system here. He knows that very well and he has a much better lawyer than mine.

Do u think I have to send an email to the embassodor or the minister trying to explain that? would it be of any use? You could try, but first inform your VO. the final decision is with the VO, he has the power to make a favorable decision for you. Request your VO earnestly

Thanks again for your sharing and feeling, we are brother and sister in humanityAlWAYS

Please read this carefully:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf


http://www.canadavisa.com/canada-immigration-discussion-board/exhusband-refuses-medical-exam-for-child-t33892.0.html

5.10. Non-accompanying family members
Applicants must declare all family members when applying for a visa and must again declare all
family members, whether accompanying or not, prior to obtaining permanent resident
status. Permanent residents who did not declare all their family members on their application are
reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5
below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether
accompanying or not, must be examined, unless the appropriate officer determines that they are
not required by the Act or the former Act to examine the family member [R117(10)]. Family
members who were not declared and examined are excluded from the family class and may not
be sponsored at a later date as per R117(9)(d) unless R117(10) applies.
Non-accompanying family members must undergo medical examinations. They must also
establish that they are not inadmissible for criminal or security reasons. If the requirement for
minimum necessary income is applicable, sponsors must demonstrate that they can support all
family members, including non-accompanying family members.
Non-accompanying family members need not be in possession of a passport or travel document.
5.11. Inadmissibility and non-accompanying family members
All family members, whether accompanying the principal applicant or not, are required to be
examined unless an officer decides otherwise. Normally, an inadmissible family member, whether
accompanying or not, would render the principal applicant inadmissible. There are, however, two
exceptions to this rule described in R23. The first is the separated spouse of the applicant and the
second is where a child of the applicant who is in the legal custody of someone other than the
applicant or an accompanying family member of the applicant, or where someone other than the
applicant or accompanying family member of the applicant is empowered to act on behalf of that
child by virtue of a court order or written agreement or by operation of law.
If an applicant's separated spouse or their children who are in the custody of someone else are
inadmissible, their inadmissibility would not render the applicant inadmissible. Because separated
spouses can reconcile and custody arrangements for children may change, examination is
required in order to safeguard the future right to sponsor them in the family class. If these family
members are not examined, they cannot be sponsored in the family class in the future under
R117(9)(d) unless R117(10) applies.
Satisfactory documentary proof of a separation and of custody being with someone other than the
applicant is required. A separation agreement or custody papers are examples of acceptable
proof.
Officers will not issue a permanent resident visa to separated spouses, common-law partners or
children in the custody of someone else, even if they are examined. This is because separated
spouses and partners are not members of the family class as per R117(9)(c) and because
children in the custody of someone else are non-accompanying family members.

Mitali

 

[mitali]

Dear friend,

You need to make atleast 10 posts to be able to send PMs. you can just bump up your own thread if you want someone's help asap to meet the 10post requirement.


Mitali

 

[MJDcanada]

Dear Mitali;
I have not read all your last post here but I just wanted to hurry up telling you that we had FINAL DIVORCE 3 years ago. I am sorry I did not make my self clear about that. I meant by " asking for divorce in the first place" is that it was me who asked for divorce 3 years ago in the court as he was not living with us since my second kid birth, that's 3 years away from home living with his family who was supporting him AT THAT TIME to leave us, so I asked for divorce.

thanks again for your trials to help, I will read the whole post and comment again.

 

[MJDcanada]

Dear Mitali;
"Do u think I have to send an email to the embassodor or the minister trying to explain that? would it be of any use? You could try, but first inform your VO. the final decision is with the VO, he has the power to make a favorable decision for you. Request your VO earnestly"

You are God's message for me, I was thinking of that for 2 days now to send an email to my VO asking him permission to send an email to the ambassoder, minister, CSI and even fax them according to the information given here:
//get2canada.wordpress.com/how-to-deal-with-unfair-ner/

I was even thinking of sending my VO the email text that I will be using and insure him that it is not a complaint email as I do appreciate his cooperation so far but his trails contacting my Ex will not be fruitful. I was only fearing that this could pess him off and he would say do what ever you want, it is me who will take the final dicision. what do u think?

is there a chance to have your email metali as I want to show you first the email that I will be sending to my VO? my email is exposed in my profile. Sorry for asking for too much from you but you are my last hope. Thanks for being such an informative caring brother

 

[MJDcanada]

Dear friend,

You need to make atleast 10 posts to be able to send PMs. you can just bump up your own thread if you want someone's help asap to meet the 10post requirement.


Mitali

Thanks mitali, I can now send private messages. Would you plz tell me how I can give you +1 for your help? thanks in advance

 

[gashe4peace]

Thanks mitali, I can now send private messages. Would you plz tell me how I can give you +1 for your help? thanks in advance

Hi Glad @ last U get relief.can ask U ? Are you post or pre June applicant??when did you submit your applic.documnts? and lastly Your NOC. Please!
with regard

@ Mitali
Hi Please make me clear do you think a notarized custody document for kids / my X Wife gave me permission/ could be asked by VO to be upgraded???

 

[MJDcanada]

Hi Glad @ last U get relief.can ask U ? Are you post or pre June applicant??when did you submit your applic.documnts? and lastly Your NOC. Please!
with regard

I think all of your questions' answers are under my user name. Hope u can see them, if not plz inform.

 

[gashe4peace]

I think all of your questions' answers are under my user name. Hope u can see them, if not plz inform.

sorry i see it so your post June applicant. BTW do you think a child custody document could be upgraded??