GOT CAIPS NOTES and entire file

[Curina]

Hello Guys,

Dont know if you remember me. I got my file from cic. WHAT A MESS....I dont know if its a template that they normaly use but most of the notes have nothing to do with our situation. Its all over the place. I am so furious with them because it is clear that they could care less about us and our lives. I am hoping to get an ADR hearing soon.

I appealed on Dec 10, 2008
Got my file on Jan 15 , 2009
Called them and was told that they are scheduling ADR s for the month of June and July. The woman that I spoke to was very nice and she advised me to fax in a letter of plea and there is a chance that I can get an early ADR hearing date.....so now we wait.

 

[RobsLuv]

The CAIPS notes are hard to read . . . and there always seems to be a lot of duplication. It helped me to sort the pages chronologically, by the dates that run across the page at the end of entries. That made things make a little more sense. I was also amazed with some of the notes in my file . . . comments that had no basis in fact, like nobody ever reviews any of it.

 

[Curina]

ADR DATE SET

Hello Guys,

Just to keep you updated. Got my ADR hearing date set for March 06, 2009.

C

 

[mingus]

Curina,
I submitted my appeal and recieved a letter saying the recieved it Dec. 18. I was wondering if you could tell me:
(1) what country you are dealing with
(2) Where your ADR is being held

I've heard horror stories about ADR not being held for 10 months to a year. I'm just hope that my appeal is going thru the same office as yours!

 

[nouredine]

Hi there,

The rough timelines are as follows, based on what I've read/learned.

Once you receive your refusal you have 30 days to file your appeal request. CBSA has 120 days (working days) to get a copy of your file from embassy. They send you a copy of the file and a copy to the appeal board. After someone at CBSA reviews the file, based on why you were refused........determines which route your file will take, ADR or full hearing.

If chosen for ADR, depending on scheduling, avail of your lawyer (if you have one) then your ADR is usually scheduled withing 3-5 months from the date you receive your file.

If full hearing route is chosen for you then those are scheduled about 10 months to a year away.

 

[RobsLuv]

It really all depends on the IAD office that the ADR or full appeal hearing will be processed through. Like all other CIC departments and offices, some are busier than others. The Toronto IAD is very busy, with thousands of cases. Our ADR hearing wasn't held until eleven months after we originally filed the appeal request. A full hearing will take at least another year to get scheduled. Some of the other IAD offices are not so busy - so it's important to know which office will handle your appeal and to get processing information that's applicable to that office.

Sometimes you just have to decide whether the reason for the refusal is something that you can overcome in a new application - and make your decision about filing an appeal including those factors. The appeal route can be very time consuming, and is much more expensive than a new application would be . . . and there is no guarantee of success. We discovered, much to our horror, that in the ADR hearing Minister's counsel does not even have to address the real reason for the refusal, and if you do not have good representation you can be railroaded right out of there with no resolution at all . . . facing more attorney's fees and more waiting if you want to pursue it.

Choosing to file an appeal shouldn't just be a knee-jerk reaction to a refusal just because you have that option . . . although you do feel extremely pressured to make a decision when you're given only 30 days to decide and get it to them. That doesn't even give you time to contact a lawyer if you don't already have one. We've found the appeal process to be just as inconsistent, unreliable and unaccountable to the standards defined in the Act and Regs as the application process is.

 

[Curina]

Hello mingus,

My husband is a non resident working legally in the US. So I am dealing with the US. My ADR hearing will be held in Montreal, Quebec. I do have a lawyer, but I have been doing a lot of my own enquiry.

Tks
C

 

[smart_saqib143]

hello RobsLuv
you said appeal route can be expensive i want to know how? does there any special fees for filing appeal? or all its about lawyer's fees? i and my wife aren't that much wealthy consultant fee+landing fee+ processing fees all around cost us 2000.00 CAD now how much more do we have to spend if decision will be refusal for me?

 

[mingus]

Sorry if I have highjacked your thread....

We applied for appeal because we only had 30 days to decide. It was the safest bet since we can always withdraw. We have been working with a lawyer and it does look like we will re-apply since we did not have good help the 1st time around and the person we have now is amazing.

 

[smart_saqib143]

curina i still didn't get reply yet sooner it will be arrived i wanted to ask how much have you spend on lawyer and any other fees apply for appealing i wan to be prepared for it because money is big problem for us tell me when you filed appeal how long did it take to give you hearing or ADR as i know your hearing is in march but when did your husband got refuse and how long it takes to get hearing date what are the lawyer costs plz tell me

 

[Curina]

Hi Smart,

Here is my time line:

We had our interview on November 24, 2008
Husband got refusal letter Nov 28, 2008
I got letter and appeal form from cic on Dec 03, 2008
Appealed on Dec 10, 2008
Got my file from CIC on Jan 15 , 2009
ADR Schedule for Mar 06, 2009

You don't have to get a lawyer to file your appeal. Once get your appeal form, you then have 30 days to send it in. Once that part is done you then have 120 days to get your file from cic. Thats when you can now seach for a lawyer and once you have your file you can then hire one should you feel that you need to, depending on CIC's reason for refusal.

My lawyer fees were $2100. up to the ADR. $900 more if we need to have a full hearing. The appeal is worth it because things can be resolved at the ADR. If you re-apply and they refuse you then you would have no choice but to appeal and well that would just be a waste of time and money. You can also ask your lawyer if it is possible for you to pay half of the fee once you hire him and the other half a month before you have to show up for your ADR/hearing.

Good luck and god bless

C

 

[smart_saqib143]

thanks curina so nice of you for sharing about your case it really helps.
yes i will look for lawyer who will take fees in parts yes better to file appeal not worth to send file same place where it gets refused already still i am waiting to get my letter from CIC i asked consultant he said its not arrived yet may be in a week 120 days it means we will have around four months to find lawyer and prepare for evidences. anyways i hope you and your hubby are happy and living together it will be easy for you cuz your husband live right next to Canada that is USA:d my wife has to come very far in Pakistan and let me know when baby born because i feel that is the key of your husband's Visa no bigger proof can be in this world to show genuine relationship than this hopefully you will win your appeal because i can can see your relationship is strong i feel we are in same boat living away from wife is so hard...

 

[boujasim]

why you people are so pesimistic?
a very small percentage of people get refused in the 1st place and half of those who got refused overturns the IO decision and gets their PR visa.

those who get refused are usually people who meet online,saw each other once or twice and then get married, usually the wife is canadian born and the husband is arabic or asian or watever who baely speaks english or french, the IO is not fooled by "evidence" you get take over 5000 photos in diff positions in a day! i know alot of people who got their PR in no time, but their relation has developed in a normal way, both lived in the same country,met thru a common friend or at work...
really as newyorker says a genuine relation can be seen from the start,the way the couple met. several Kgs of evidence is usless.

and curina,do not worry if the IO has suspected your relation,filing an apeal is a big proof that you two are inlove and it will be taken into consideration. Good luck and dont worry,ur a canadian citizen bringing your husband is your RIGHT.

 

[smart_saqib143]

Hello boujasim

Yes i can see you are pointing towards me my wife met me only once in person because whenever i tried to go Canada i got refused (two times) and we met online.

But let me correct you these are evidences which show the relationship is true or not there big difference a person who represents himself in front of ADR Panel all they believe on burden of proofs that what i find out from Search after the fear of refusal and i also want to correct you do you know Sr.Member Gotcha he got his PR just becuase he proof his relationship with the help of evidences do not give wrong adivse to people if there are kilos of evidences its good not bad its not about Photos its about compromises it about commitments its about sacrifices and its all about the problems couple can face after refusal and its about witnesses who know the couple there are few basic key issues that are being consider by panel
1)circumstances of meeting each and other
2)length of relationship
3)future plans
if evidences are not enough one straight reason of refusal will come from ADR "sponsor has not done enough to show the evidences even though it was long period of appeal process (1 year) panel will dismiss the appeal right on spot but they will not refuse if you have kilos of evidences or trucks of evidences be remembered those doing hard work for evidences who are genuine "
one more thing difference in cultures does not mean marriage is fraud but its their concern if applicant and sponsor in true relationship or for sole purpose of to gain PR.
these can not be represented without evidences you spend so much time in immigration related issues but you still have to learn more.

 

[boujasim]

no iam not talking about you and ur wife, i have no idea how you met ur wife or how many times you saw her,its not my buisness.
iam not saying an internet-based relation is not genuine,but what iam saying is the IO looks down at ppl who meet online, see mingus for example she offerd alot of evidence and tried so hard but still the IO refused her for what he tought a "genuine relation" should be!this is totaly unfair and now mingus will have to wait and suffer till she gets her ADR just because a stupid IO thinks her relations is not true,this is wrong but since she loves her husband and her relation is true, going to appeal,paying alot of money and waiting for a long time are in them selves profes for that she and her husband love each other for real,iam 100% sure she will win her appeal.

now iam not talking about an ADR , its only normal to have some evidence to support what you say, but several kgs? IMHO i think its wrong.
saqib cant you make fake emails? fake sms msjs? fake photos? kgs of these evidence are not a solid proof,(dont think iam saying you provided fake evidence am saying they can be faked), so how does an IO looks into a relation? on the basis of how they met and how the relation developed, when it comes to online relations its very dificult to explain and needs much more electronic evidence to support that, and since electronic evidences are so easy to fake,the IO tends to doubt a relation from the start.