GCMS notes questions

[stevelo]

Hi all,

We applied for GCMS notes just over 4 weeks ago and finally got the email today. Looked through it and we got a couple of quick questions about GCMS notes. Or rather, about what I can do now that I have the information.

According to the notes, the officer has NOT STARTED processing anything except for my wife's medical, which has expired. The application had reached Seoul office last June, and average processing time should be 9 months (could be longer now). Anyway, here are my questions:

1. Is it normal to have everything NOT STARTED after over a year?
2. What can I do about it, if anything? Is there any legal recourse I could pursue, or is CIC allowed to hold on to an app and never do any processing forever?

I also read some people suggest talking to an MP about the issue? Anyone ever tried that and was it helpful or just got the officer angry?

SO FRUSTRATED...

 

[Fencesitter]

How is that possible? Didn't you say that they requested further proof of your intention to return to Canada? I wonder if the notes they sent you were from when the VO first received your wife's application??

Honestly, I would contact a lawyer to at least get a free consultation and find out what action can be taken. If the processing time for 80% of applications is 9 months, and you are over that time by a number of months, I'd say it's time to take some kind of action.

I doubt that contacting the MP would anger the VO. I don't think they would take it personally. What do they expect you to do, wait forever??

Sorry to hear about this mess...I hope you can get some kind of response. Contact the VO directly. Do it every day until they reply!

FS

 

[CharlieD10]

Actually, that is fairly normal.

They don't actually change them from Not Started until they have the results of their background, criminality etc checks, so seeing Not Started does NOT mean they have done nothing. It just means they have no results yet. Relax, if you have been requested to submit further information, your wife's application IS being processed, and you just have to wait for the decision.

You have no legal recourse until a decision is made, in which case you can appeal a denial. Other than that, once you are within normal processing time, (remember that only about 80% of the files are processed within the average time period, so 1 in 5 applications MAY take longer than the average), just assume everything is moving along as it should.

 

[stevelo]

Hmm, I dug up some GCMS translator on the internet and it said there should be 4 categories (not started, started, complete, cancelled).

Additionally, I saw that all the checks (eligibility, criminality, etc.) have an updated date in June-xx-12 and the due date for each is June-(xx-1)-12. Do those dates mean anything? What the other page told me was these due dates are the new bring forward dates (i.e. should-be-done-by soft-deadline), or should I disregard?

I am also suspecting that by ordering the GCMS notes we forced them to put some sort of due date on it; if so does the date mean anything?

Also, the officer made some notes questioning certain parts of our relationship. If we feel that the notes are discriminatory what can we do? (It feels like we got somebody with a very traditional old mentality and he is applying his subjective bias to our assessment. Apparently it is not cool for somebody from one culture to marry somebody from another culture (i.e. Canadian)...)


FS: yeah we are trying to do everything we can.

 

[Fencesitter]

I don't know mean to pry, but what exactly did the VO question in regards to your relationship?

That's complete BS in regards to the culture thing (the VO, not you!). I'm a white Canadian married to a Chinese citizen, so what, that's a problem? Honestly, this whole process is starting to make me think twice about going home...

FS

 

[stevelo]

FS: sorry I am not going to say, but you figure when both our names are on every bank account, apartment ownership, mailing address, wedding bills + pictures, etc etc that the officer would take the objective evidence over subjective.

I am not sure if this is the standard practice but this officer went out of his way to point out anything out of the norm. I don't understand why but I suppose that's why we are in the (un)lucky 20%...

 

[CharlieD10]

At this stage, the only thing you can do if you feel the notes are discriminatory, is prepare yourselves for an interview, as it is the next step if they feel that these cultural perceptions point to a non-genuine relationship. Be prepared to answer questions that might seem obvious or even racially-motivated in your view, and to do so without taking offense or exception. I realise that seems counter-intuitive, but the truth is they've seen just about all kinds of marriage fraud, some of these officers, and it makes them question even "normal" couples.

I usually say to people to think about how you justified/would justify your relationship to your families, if they were skeptical about your marriage. For many of us, we have no tougher critics than our own family members. So, what would/did you say to them to convince them this was/is the real deal? And that has to be what you tell the IO, however intimate/personal it may seem, however absurd it may be to have to justify your relationship to some complete stranger who doesn't know you from Adam.

If you don't have an interview, then you've lost nothing by being prepared for one. If you do, then you aren't going in completely blindsided by the need for one or how to deal with it.

 

[stevelo]

@Charlie: Actually because of that note it did indicate an interview was imminent.

You're right I need to take it more positively, as more information and knowing the situation is still better than guessing in the dark. Takes some time to get over that the officer doesn't view very highly of us and not being able to do much about it.

In this case, hypothetical but possible, if my wife is summoned for an interview back in her home country how hard will it be for her to cross the border and return to Canada to be with me afterwards? A month ago we were sweating bullets on that and I hate to have to sweat more bullets...

 

[CharlieD10]

It depends, as always, on the border officer. Make sure she has some proof of her continuing ties to her home country with her, and a return ticket would not hurt.

 

[Fencesitter]

I can't understand why the VO would question your relationship if you have provided so much proof. It makes no sense. I was only asking you to provide more details so that others would be aware and take precautions to avoid this happening to them. I understand if you don't want to share, though we are all anonymous here.

I wish you all the best and hope the interview goes well!

FS

 

[jass_virgoan]

Hi

Can anyone please tell me what is GCMS and how can we get the report ?

Jas