How many in the midst of the appeal process?

[boyee6576]

We won our appeal on March 16, 2010. No word from Delhi yet about our case. They say misery loves company so please share at what point you are at in the process.

 

[canadianwoman]

We filed our notice that we wanted to appeal in July, 2009, and haven't heard anything yet about when the appeal will be. I want an ADR, but it seems that if they were going to give us one, they would have told us by now.

 

[boyee6576]

wow you have been waiting for a date since July 2009? I am on the east coast and so our case when through the Montreal Office. I have heard that it doesnt take as long to get ADR then a full hearing does. We got our notice of appeal letter on June 16, 2009 and waited just a few days short of the 120 days to get the huge file and that was October-November not sure. I called my case worker several times to get information and to even see if I was close to getting a date. I dont know if my calling her worked but I had my ADR on March 16, 2010. I have been trying to find out just what our status is but cant seem to find out anything which is totally frustrating. I have to have surgery in June and would really like to have my husband here. I have contacted my local MP but so far no response from them.

Does ecas update for appeals? I called CIC some time ago and they said my file number had not changed and that my file was sent by diplomatic mail to Delhi.

We are feeling pretty anxious and frustrated.

 

[maulikpatel35]

do you know why they first reject your file
it was your first marriage or second ?

 

[boyee6576]

they didnt believe our relationship was genuine. The IO was very rude and racists in her comments about our relationship.

 

[maulikpatel35]

IF YOU DON'T MIND THAN CAN I ASK YOU WHAT'S YOUR SITUATION FOR YOUR CASE ?
WHY THEY DON'T BELIVE YOU?
WHICH PHOTO DID YOU SUBMIT ?
PLEASE REPLY ME

 

[boyee6576]

I submitted many photos our traveling and marriage. We won our appeal and just waiting now for them to continue the process for his visa.

 

[maulikpatel35]

do you know how long it will take in appeal?
this is your first marriage?

 

[boyee6576]

Every case is different so cant tell. I was told that once my file arrives in Delhi it will 6 to 8 weeks before my husband hears from then. I called CIC they told me that the file arrived on April13. But when my husband emailed Delhi they told replied to him today be email saying that they had not received the file and documents saying that our appeal had been allowed. :'( They said if we wanted we could fax the documents off to them. So I faxed it off today. I dont know what is going on. How can CIC say its been received by delhi and delhi say its not there. Does it mean they havent opened the file maybe? We are so stressed that its not funny as I know most of us here are. This waiting has been going on since January 2009. Enough already my last nerve is going to pop soon lol.

 

[toby]

Hi boyee6576:

You are going through the worst part of bureaucratic nonsense: they give you conflicting information, and don't tell you exactly where you stand. I suspect they must take courses for such rudeness; it's not human.

May I ask you for the steps for making an appeal? Or -- if my wife's application for permanent residency is rejected -- will the letter outline the appeal process?

Thanks.

 

[boyee6576]

If your case is denied they will give you the reasons why outlined in the rejection letter. You and your spouse will both get one. Once you get that letter you have a form to fill out to appeal the decision and you have 30 days to do it. Once you send in the letter you will get an acknowledgment letter saying that they have received your letter to appeal. Then its waiting. CBSA has 120 or 140 days to send the record of appeal to the Appeals Board. You will also get a copy of your entire file, the application etc, that you sent in to them along with the notes from the interview that the IO took while interviewing your spouse. Then you wait yet again, to hear from the Appeals board to find out if you are going to be heard at a hearing or an alternative dispute resolution thing. They will send you information on what the steps are and what you need to do to prepare for either case. If you have the ADR then you will be a bit faster to get an appointment. Its like mediation really. They look over your case and decised if it can be resolved but ADR and if they feel it can they will give you an appointment. In either case, You to submit any NEW evidence to prove your case and prove why your spouse should be allowed to come to Canada. The reasons for rejection are addressed and you need to be well prepared for it. You can have a lawyer if you wish but its an informal meeting. They only take an hour and give you the decision at the meeting. if they feel your case can not be descided by ADR it will go to hearing before a judge. That is about 3 hours and it can take up to 90 days for them to descide. That one you really need a lawyer for. Once they agree the that your appeal should be allowed, a letter of agreement is drawn up and you have to sign it, then it goes before a tribunal at the appeals board, another document is made and signed and it has a seal on it , you will get a certified true copy. Then your file gets sent back to the visa office for them to continue the process. And its more waiting. My fear is that the same IO will purposely take her good old time processing us and will make us wait because we complained about her and she got written warning. Its a long painful process, I dont wish it on anyone. Its a nightmare

 

[canadianwoman]

I agree it's a nightmare. Too much stress and worrying and time spent apart from your spouse. I wonder if the average marriage between two Canadians could withstand the stress. The government is so concerned about whether you have a genuine marriage - I wonder if any of them stop to think that maybe the stress and waiting and time apart might destroy what was in the beginning a genuine marriage?

 

[boyee6576]

we have been in a relationship for over 7 years and you would think that it would count for something. If my husband was only looking for a way into canada I think he would have given up 6 years ago. I guess the fact that we have been hanging on and hanging in doesnt mean anything. What person in their right mind would waste 7 years of their life it is was NOT real?

You know I find it laughable. I am divorced and my ex stalked me for the longest time. I called the police and unless he did something to hurt me they wouldnt do anything. The government wouldnt protect me and my kids. Now I have someone that is good to me and my kids. I have spent alot of time with my husband BEFORE marriage and now they(government) are worried about our marriage not being real and him using me. So a Canadian can be a user and thats acceptable, threaten you and threaten to abduct the kids and its ok they dont want to get involved. but if you find someone from another country who is good and can build a life with they have to get involved. Isnt it ironic or am I just a bitter woman? LOL

 

[confused and lonely]

Hi everyone, my husband and I are in the process of waiting for an appeal date they told us that we should have gotten a court date by Feb. well that has come and gone and everyone I call tells me they can't help me does anyone out there know who to call to find out information we are going on our 3rd yr of marriage and still waiting to start our lives together. Please if anyone has some information I would love to hear from you.

 

[boyee6576]

did you call the person who is handling your case and the appeals board?