IMM 5540 Question 16, help?

[flamand_quebec13]

CIC does however say that if they strongly believe that this was a marriage of convenience, that canadian citizen will be charged with for the crime.
Which was not the case, the application got simply denied. Possibly her young age also played part in that decision.

Considering this is now 18 years later, a letter explaining that she was unaware of her husbands intentions and the pressure of his side of the family, them handling the application and eventually not hearing from him after the application got denied, will eventually put the blame more on the applicant than on her.

 

[Ponga]

CIC does however say that if they strongly believe that this was a marriage of convenience, that canadian citizen will be charged with for the crime.
Which was not the case, the application got simply denied. Possibly her young age also played part in that decision.

Considering this is now 18 years later, a letter explaining that she was unaware of her husbands intentions and the pressure of his side of the family, them handling the application and eventually not hearing from him after the application got denied, will eventually put the blame more on the applicant than on her.

Don't try to pretend that your wife was `innocent', since you already told us that she was being paid to marry the guy...come on!

If it turns out that the visa officer documented ANYTHING in her GCMS notes to the suspicion of a MOC, you should expect to have your application(s) scrutinized more than most applicants. I'm not saying you will be denied, but it will certainly be a `red flag' for sure.

 

[flamand_quebec13]

It certainly will be more difficult for the application to get processed, that I agree.
Hence the reason i am being truthfull to you guys hoping to find the best answers in what is the best way for me and her.
Now i am filling in the ATIP request, however what exactly should I ask for since there is a choice between "Notes in electronical file" or "physical file"?

 

[flamand_quebec13]

Also if there is anything in the notes mentioning a possibility of a marriage of convenience, what is then the best thing my wife should do to rectify it or anything that shows she regrets it.

 

[RajaJi]

It certainly will be more difficult for the application to get processed, that I agree.
Hence the reason i am being truthfull to you guys hoping to find the best answers in what is the best way for me and her.
Now i am filling in the ATIP request, however what exactly should I ask for since there is a choice between "Notes in electronical file" or "physical file"?

IMO and as also suggested by others, best way is to be truthful and honest. Your wife made a mistake. She realizes it and regrets it. That is past. Both of you have a relationship and a future ahead together. Do your best and accept whatever may come your way.

Request for Physical File. Your wife should make the request. She can request it under Privacy Act. There is no charge.

 

[flamand_quebec13]

Thanks RajaJi, that is indeed the most important thing right now.

What is the difference between "privacy act" and "access to information act"?

 

[RajaJi]

Also if there is anything in the notes mentioning a possibility of a marriage of convenience, what is then the best thing my wife should do to rectify it or anything that shows she regrets it.

Notes will basically be a copy of all the forms, documents, etc. your wife submitted at that time, and notes by VO/IO in the file. Since she was the sponsor, the information, documents, and any other information (notes etc.) related to the individual whom she sponsored may not be included.

There is no way to tell at this point how IO/VO will view the previous application and what influence it will have as regard to the decision this time. Lot of people get refused the first time and when they apply again approvals come without much difficulty.

It has been 17 years since your wife sponsored. Remember, it was not your wife who was refused. She was approved to sponsor. Visa was refused to the person who wanted to take advantage of the system (Your wife agreed to participate in the scheme. She regrets. No point shaming her for making the mistake.).

Gather as much as evidence of your relationship, Fill up your application and Submit along with all required documents, Fees etc. Hope for the best outcome. Good Luck.

 

[RajaJi]

Thanks RajaJi, that is indeed the most important thing right now.

What is the difference between "privacy act" and "access to information act"?

Report you get will be exactly same.

Access to Information Act:
http://www.cic.gc.ca/english/department/atip/requests-atip.asp


Privacy Act:
http://www.cic.gc.ca/english/department/atip/requests-personal.asp

 

[flamand_quebec13]

As far as I'm aware the CIC did deny her as a sponsor. The only thing she remembers was that CIC seemed to have said that she was too young to sponsor (19 years at that time).

Thanks for providing me the difference between the two acts, iIshall go with the privacy act (as i don't need to pay) and see further.
My wife and I are also considering to perhaps take a representative to make sure no mistakes are being and what the best thing is.
My wife really doesn't want me to leave and prefers to stay in Canada with me.

Also, my wife doesn't remember what the File Number was, even though the CIC does say it is required to fill it in.

 

[RajaJi]

As far as I'm aware the CIC did deny her as a sponsor. The only thing she remembers was that CIC seemed to have said that she was too young to sponsor (19 years at that time).

My mistake. You did write it in your first post.

Thanks for providing me the difference between the two acts, iIshall go with the privacy act (as i don't need to pay) and see further.

That is the right choice.

My wife and I are also considering to perhaps take a representative to make sure no mistakes are being and what the best thing is.
My wife really doesn't want me to leave and prefers to stay in Canada with me.

If you want to go with a representative, it is your choice. There is nothing much they will really add to your application except filling up the forms on your behalf. You will get more help on this forum then you will get from a paid representative.

Also, my wife doesn't remember what the File Number was, even though the CIC does say it is required to fill it in.

CIC can still look up by matching her name and date of birth. Does she have a Client ID Number / UCI?

 

[flamand_quebec13]

She doesn't remember anything of 19 years ago.
I would get grey hair for less....

In any case, ATIP Online request asks for a File ID number I cannot give.
Is there perhaps any other possibility for me to still access or request that information?

 

[RajaJi]

Does she have a Client ID Number? If not, try entering NA or Not Known and then write an explanation in the box below.