HELP- third party's behaviour may jeopardize application

[Sweetmine]

Here is my situation before I ask my question:
I am sponsoring my husband to Canada. My husband has a daughter from a previous relationship. We have included my husband's daughter as a non-accompanying dependent because we would like to sponsor her at a late time. However, my husband ex has always been a headache from the get-go.

Initially, my hunsband's ex did not cooperate when we were about to sennd the sponsorship application. She created delays for us as we were waiting for her to get a passport done for my step-daughter, then have the medical done. She never wanted to get those, so we sent the application without my step-daughter medical. As a result, the application was returned because immigration expected us to include my step-daughter medical so that she could be examined. After so many discussion and pleading, my husband's ex agree to have the passport done and have my step-daughter undergo the medical examination. However, my husband had to ask his family members to go with her to ensure that all the necessary procedure was follow. After the medical being done, we resubmitted the application. My sponsorship application was approved and the file was sent to the visa office.

At the end of the month of March, the Vo contacted my husband to advise him that a letter sent to him was returned to the embassy. That was strange since my husband did not change his address. The VO then emailed him the content of the mail. basically, the letter was stating that my step-daughter medical expired and she needed to undergo another medical examination. The visa officer gave us 90 days to satusfy that requirement otherwise our application could be rejected. The letter was dated January 30th; therefore, the deadline would be by april 30th (We only received the letter in late March because of the misstep by the post office, I assume).

My husband contacted his ex to have the exam done. My husband lives in a different country than his family. this is the reason why he is not able to take his daughter for the medical examination himseld. His ex has custody of the girl. My hunsband send his ex money for the medical and the form that teh embassy sent him for that end. My husband told to ex to make to get a tracking number, and that way we know for sure that the test was done. One of my husband family member was supposed to go with the ex to the medical office, but the family member ended up not going because there was a time conflict. The ex told my husband that she had teh daughter undergo the medical already. When my husband asked for thr tracking number, she stated that the medical office told her that she would get it on Monday. On monday, my husband contacted his ex regarding the tracking number, but she stated that she forgot it at work. My husband called her everyday last week, but she always came up with excuses for not having the tracking number on her. However, yesterday she told my husband that the medical clinic called her to tell her that the tracking number that was given to her was wrong and they gave her a new one, which she still was not able to provide to my husband.

My husband and I are very dissapointed by that behaviour. At this point, she did not leave us much choice. We are running out of time. I personally think that she lied about the medical being done (Maybe I am wrong, but I doubt it. I wish I was wrong).

What can we do?
- Will we be forced to contact the visa officer and tell the VO that my step-daughter should not be examine and we understand that we will no longer be able to sponsor her because her mother does not want to cooperate.
- Would that affect our application negatively?
- Is there any other alternative?
Please help me. Theprocess itself is very stressful, but having people to add more obstacle to it becomes depressing.

 

[parker24]

Have you tried contacting a lawyer? Maybe a lawyer calling his ex might loosen her mouth a little more. Gosh what is with some people being rude for no reason whatsoever

 

[Fencesitter]

I wouldn't go the route of contacting an attorney. This is something your husband needs to take care of, so I would ask him to call and try to talk reason with this person...

Good luck...and also, you might want to explain the situation to the VO...perhaps they could draft a letter and send it to your husband's ex wife..

FS

 

[Leon]

Definitely let the visa office know what is going on. Also let the wife know that if the daughter does not get the medical, if something happens to the mother, the daughter can never join her father in Canada. Same applies when the daughter is 18 and may want to go to Canada to study, she will not be able to. Ask her if she wants to rob her child of that chance. Ask her if she thinks her daughter will thank her for this in the future.

 

[Sweetmine]

I would like to clarify that she is his ex- wife. She is an ex-girlfriend.
Thanks Parker, but we don't want to involve any lawyer. I hope we can resolve this amicably. I also wonder what are her real motives for acting like that.
Thanks for your advise FS, but I do not think a letter from the CHC would make a difference to her.
Leon, My husband spent a lot of time to explain to her the importance of the daughter being examined. She know what's at stake, but it seems as if she does not care. I am worried because we do not have unlimited time. I would feel very bad if after all the effort that we made and the delays that we incurred already go to waste because of her. I will ask my husband to try again, although I am getting desperate. She is the reason that we filed our application months later then schedule.

 

[Leon]

In any case you should immediately contact the visa office and tell them that for some reason you did not get the letter in time and explain to them that the mother of the child is not co-operating. Tell them that you will try to get the medicals done before the deadline but if you are unable to, you will understand that the child must be removed from your application and you will then get a statement to the fact that she is refusing the medicals now.

Ask the ex girlfriend straight up, either you get the medicals or you give us a statement that you are refusing the medicals. End of story. Better try to send a family member to press that point. You could even prepare a statement for her that you send to your husbands relatives and ask them to bring over for her to sign.

 

[Lasiar]

Hi Sweetmine, My husband and I have been going through a similiar story, As of right now we have given up on the medical process for his daughter.. The ex wrote letters and emails to the VO and a reply email was received stating the daughter would not require medical. We are extremely upset and disappointed as like Leon said we can NEVER sponsor her to come to canada later in life if needed.. Yesterday my husband received email with the waiver form for him to sign , knowing he cant ever sponsor his daughter in the future.. Such a happy time in our lives has been tainted because of one selfish person and the child suffers because of it.. I feel for you and your husband, hang in there. All we can do is pray things will work out in the end.

 

[djinna]

Hello everyone,

i read your comments and i have a situation but its with my mom.... She even send a message on my husband skype almost 2 weeks ago saying that she will make him problem with the embassy... she told me she will call them... so he will have a dark spot on his file if he wether come to Canada...
when we married in morroco, she was in lebanon... our relationship wasnt great but i made kind of the effort... she came back after and i went back to morroco for one month and we spoke through skype.
last march, the embassy call my husband for more info and one form i had to fill, i said that during my time in morroco, we were speaking with my mom and on the application i have told where was my mom and everything... i dont know if she just want to stress me but im afraid.

i read what you wrote Leon but my case its different.. well... what should i do?? ???

 

[OhCanadiana]

Lasiar and sweetmine - I would recommend you read section 5.12 of OP-2 which deals with this situation in detail at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf and document the refusal in detail (as Leon suggested) so that, not only will they proceed with processing your application, but you also keep the door open to potentially use H&C considerations if needed in the future.

Regarding continuing with the application (and not rejecting it)

Officers must decide on a case-by-case basis using common sense and good judgment whether
to proceed with an application even if all family members have not been examined. Some
scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be
examined or an overage dependant refuses to be examined. Proceeding in this way should be a
last resort and only after the officer is convinced that the applicant cannot make the family
member available for examination. The applicant themselves cannot choose not to have a family
member examined.

...

The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor
made a conscious decision to exclude (either by not declaring and/or not having the persons
examined) from their own application for permanent residence cannot later benefit by being
sponsored by this same person as a member of the family class.
Where, however, the applicant has declared the person and CIC chooses not to examine the
family member, for example, because of an administrative decision or for policy reasons, or due to
an administrative error, the family member is not excluded from membership in the family class.

H&C considerations in exceptional circumstances...

Where family members were declared but not examined and it is clear that the applicant/sponsor made
their best efforts to facilitate this examination and that this lack of examination was beyond the
applicant's/sponsor's control, considering the use of H&C factors may be appropriate.

and then it goes into a lot more detail.

 

[Leon]

i read your comments and i have a situation but its with my mom.... She even send a message on my husband skype almost 2 weeks ago saying that she will make him problem with the embassy...

i read what you wrote Leon but my case its different.. well... what should i do?? ???

You know your mom better than I do. What does she want from you? Does she need attention? Maybe you should talk to her and explain to her that this is very important to you and that if she wants to have a relationship with you in the future and your future children which I assume you will have at some point and will be her grandchildren, she should not try to sabotage your future. If that is not enough and she ends up trying to make trouble for you at the embassy, it could delay your application depending on what she says but if you explain that your mother is against your marriage or crazy or whatever is wrong with her, then I am sure you will prevail.

 

[djinna]

Thanks Leon for replying,

I did try to talk and we had an argument... i guess we will have to wait...

Good luck to everyone

 

[Lasiar]

Lasiar and sweetmine - I would recommend you read section 5.12 of OP-2 which deals with this situation in detail at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf and document the refusal in detail (as Leon suggested) so that, not only will they proceed with processing your application, but you also keep the door open to potentially use H&C considerations if needed in the future.

Regarding continuing with the application (and not rejecting it)

H&C considerations in exceptional circumstances...and then it goes into a lot more detail.

I have been documenting it all and keeping any and all email and letters from his ex spouse... & thank you for the link

 

[Sweetmine]

Hi Sweetmine, My husband and I have been going through a similiar story, As of right now we have given up on the medical process for his daughter.. The ex wrote letters and emails to the VO and a reply email was received stating the daughter would not require medical. We are extremely upset and disappointed as like Leon said we can NEVER sponsor her to come to canada later in life if needed.. Yesterday my husband received email with the waiver form for him to sign , knowing he cant ever sponsor his daughter in the future.. Such a happy time in our lives has been tainted because of one selfish person and the child suffers because of it.. I feel for you and your husband, hang in there. All we can do is pray things will work out in the end.

I am so sorry to hear that. This is what I am also afraid that may happen to us. Thanks for your encouragement and we will pray for our issue.
There is a member who posted link as a response to both of us. I hope that you are able to use that route successfully one day if you want to sponsor your daughter. Thanks again

 

[Lasiar]

I am so sorry to hear that. This is what I am also afraid that may happen to us. Thanks for your encouragement and we will pray for our issue.
There is a member who posted link as a response to both of us. I hope that you are able to use that route successfully one day if you want to sponsor your daughter. Thanks again

Thank you I did see the link & I have read some of it.. very imformative and helpful.. Good luck to you and your hubby.. keep me posted and ill do like wise. Fingers crossed.

 

[Sweetmine]

Lasiar and sweetmine - I would recommend you read section 5.12 of OP-2 which deals with this situation in detail at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf and document the refusal in detail (as Leon suggested) so that, not only will they proceed with processing your application, but you also keep the door open to potentially use H&C considerations if needed in the future.

OhCanadiana: Thank you so much for this very useful information. At least, we know all is not lost if we are unable to keep my step-daughter in the application this time.