immigration refusal of Husband

[iluvlahoussine]

:-[ Hi my name is Laurie and i am looking for help , i have tried to get my husband here from Casablanca Morocco since 2006 .
We married back on December 08 2005 in Morocco , we did everything we had to do to be married , when i got home i returned to work got money together to sponcer him which i did .
I started to sponcer my husband Lahoussine in 2006 shortly after i got back , i got the ok to sponcer him and i was the happiest person so we did everything by the book for the sponcering , my husband passed his police check n his medical . My husband had his interview October 2006 and was refused so i appealed the desision , i had my appeal date with my lawyer present and we were there for 5 hours they talked to my husband and I and asked questions which were honest and truthful , my lawyer said my case looked good and told me i should have my husband soon and had to wait for a answer and i would only have to wait 3 months to get it . Well 6 months went by and i found out by mail they refused him because i am older than him and i dont speak his language and saying my husband could not speak english ( which he could ) iI am a Canadian Citizen born n raised in Toronto , but i didnt think it was such a issue about who people marry > In my appeal paers they have picked on my husband and myself saying we only married for status , which we didnt , i was sponcering my husband so i could be with him > please i need help i love my husband so much n miss him like crazy . Our Marriage is guenuine and not fake , they didnt even give us a chance to proveanything , ...... Shortly after the news i took sick almost lost my life and i am not on oxegen trying to do my best to get off it so i can travel ...... i could not travel because of health reasons , which i am trying to work on >>>>>>>> please i need help or something ....... ( we do still talk on the phone everyday and on MSN messanger with our web cams so we could see each other , and my husband knows of my illness and is very hurt he cant be here for me like a husband should be .... :-[ thanks Laurie >>>> please i need help i need my husband

 

[iluvlahoussine]

i am on oxegen

 

[scylla]

I'm sorry to hear about your husband's refusal.

Try joining the discussions on the Morocco thread. There are people on this thread who have gone through the appeal and refusal process as well - and I'm sure they will be able to give you some advice on what to do next.

http://www.canadavisa.com/canada-immigration-discussion-board/sponsoring-husband-from-morocco-t4646.4305.html

 

[iluvlahoussine]

i have to go on a moroccan site when i am a Canadain Citizen my husband is Moroccan , but the worse part i hate is how they picked on his language and our ages , when i just met a couple last night where her husband just got here from Jamaca 3 weeks ago and she is 10 years older than him and he gets in ? wheres the fairness in that , bt in my papers i see alot of discrimination in it agaist my husband and i

 

[CharlieD10]

Age difference in and of itself is not a factor that will result in a denial under Section 4. And yes, many couples with age differences from other countries are approved. Only consider that a couple from Canada and Jamaica, in spite of any age differences, will speak the same language, and therefore they have one less barrier to surmount than you and your husband.

The genuineness of a marriage is examined in several areas during the course of an appeal. These include (the Chavez factors as enumerated by IRB member Hoare):

• intent of the parties to the marriage;
• length of the relationship;
• amount of time spent together;
• conduct at the time of meeting, at the time of engagement and/or the wedding;
• behaviour subsequent to the wedding;
• level of knowledge of each other’s relationship histories;
• levels of continuing contact and communication;
• provision of financial support;
• knowledge of and sharing of responsibility for the care of children brought into the marriage;
• knowledge of and contact with extended families of the parties; and
• knowledge of each other’s daily lives.


I am sorry your application was refused, but you cannot look at anyone else's relationship and application and expect to judge your own results by it. Every relationship that is the subject of an immigration application stands or falls on its own merits.

If your appeal was recently concluded, you have the option to request a judicial review of the decision. It's up to you to present clear reasons why the reasoning behind the decision was flawed and should be over-turned.

In the alternative, you may need to consider what kind of future you and your husband will have if it does not involve living together in Canada, although by now presumably you've done so.

 

[shamsia]

Hi there,

Just curious here, came across a similiar case like yours sometime back on the Morrocco thread. Are you by any chance the wife of aziz2010? http://www.canadavisa.com/canada-immigration-discussion-board/profiles/aziz2010-u154855.html;sa,showPosts;start,45

I could be wrong, just asking

 

[Kedeisha]

Hi there,

Just curious here, came across a similiar case like yours sometime back on the Morrocco thread. Are you by any chance the wife of aziz2010? http://www.canadavisa.com/canada-immigration-discussion-board/profiles/aziz2010-u154855.html;sa,showPosts;start,45

I could be wrong, just asking

I was gonna ask that as he said his wife had surgery and couldnt fly?

 

[Stumpedmom]

i have to go on a moroccan site when i am a Canadain Citizen my husband is Moroccan , but the worse part i hate is how they picked on his language and our ages , when i just met a couple last night where her husband just got here from Jamaca 3 weeks ago and she is 10 years older than him and he gets in ? wheres the fairness in that , bt in my papers i see alot of discrimination in it agaist my husband and i

The site above for Morrocco is for people sponsoring their spouses from there, its Canadian Citizens who are going through the process to sponsor the spouses from there...

 

[ddobro2]

Well I doubt it's aziz's wife since she did mention her husband's name is Lahoussine (a Berber name, I might add).

Hi there,

Just curious here, came across a similiar case like yours sometime back on the Morrocco thread. Are you by any chance the wife of aziz2010? http://www.canadavisa.com/canada-immigration-discussion-board/profiles/aziz2010-u154855.html;sa,showPosts;start,45

I could be wrong, just asking

 

[iffi111]

As u early said that u hired lawyer services first consider what he / she is sayin i dont understand what your lawyer had did or he had just made te money from you try to consider some other law firm and describe him fully but now the chances had become rare bcz u had a refusal from immigration and appeal divison both only a qualified and experienced lawyer can take u towards the success path, But be positive if ur relation is genuine.

 

[GetUsHome]

I believe it was this one: http://canlii.org/eliisa/highlight.do?text=Lahoussine&language=en&searchTitle=Canada+%28Federal%29&path=/en/ca/irb/doc/2009/2009canlii32171/2009canlii32171.html

Hi there,

Just curious here, came across a similiar case like yours sometime back on the Morrocco thread. Are you by any chance the wife of aziz2010? http://www.canadavisa.com/canada-immigration-discussion-board/profiles/aziz2010-u154855.html;sa,showPosts;start,45

I could be wrong, just asking

 

[ddobro2]

What a typo-filled Reasons and Decisions document. Do they not have any copy editors over at the Immigration Appeal Division? And then there's: "On February 15, 2006, the Appellant applied to sponsor the Applicant as members of the family class. On February 6, 2006, the Appellant applied to be a permanent resident." Um, how did the applying for PR portion precede the sponsorship portion?

But anyway, I do see the reasons they lay out for suspecting Lahoussine was primarily interested in the marriage for economic/immigration reasons. The age thing is not a big deal, or shouldn't be. The woman being a decade older is not huge - I have seen Rabat applicants with a much bigger age discrepancy. It appears as though their main issue with that is instead the fact that, due to her age, she's now entering into menopause and won't be able to have children. Without mincing words, the CIC Rabat IOs' take on this is: the traditional Muslim wants a big family and we can't fathom the thought of this marriage just continuing childless...thus, we would assume he would leave her for a younger, fertile woman once he comes to Canada. Unless you adopt, which besides being expensive for a couple that is struggling financially, which I get the impression you are, it's not going to happen, and in any case, I'm sure the IOs have their own thoughts about "the acceptance to someone from a traditional, family-based culture of adopting children rather than conceiving them biologically" : (well, that's what I would assume they'd write). I honestly think that if you wouldn't have stated so much that you wanted children, you might have been able to convince them you were compatible on this point, because you did bring up the example of the Moroccan man known to Lahoussine who married a Christian American and has been married childless for 20 years. Sometimes these immigration people are stuck in their little typecasting of different groups and they need to be reminded that not everyone wants children, and yes, that includes even Muslim men from Morocco who don't fit into your "raised in a secular, liberal culture" framework.

And then I thought the language was the other big issue. You cannot blame CIC for wondering how you can communicate with one another, let alone get to the point where you both understand your feelings for one another and are making concrete plans for your future.....if your husband takes half an hour to write two paragraphs in English during the interview and the interviewer still can't understand what he wrote. They called your MSN chat language "cryptic" and I'm wondering exactly what that means....but it seems like maybe he was using some linguistic aides to write to you (something he could not replicate when he was put on the spot in that interview room without any supporting materials). You say he was nervous at the interview, but if the guy studied English in high school, surely he would be able to string together a few sentences that the immigration folks could understand? Did you consider the possibility of him giving the interview in French (if he speaks it) or, even better, Arabic?

I believe it was this one: http://canlii.org/eliisa/highlight.do?text=Lahoussine&language=en&searchTitle=Canada+%28Federal%29&path=/en/ca/irb/doc/2009/2009canlii32171/2009canlii32171.html

 

[rjessome]

It's too late for a judicial review of the IAD decision. The only thing she can do is apply again but without a change in circumstances or significantly more evidence, Res Judicata will apply and the case would be refused again as "already decided".

Her husband could try to qualify for one of the Economic programs if he has decent education and work experience. Other than that, not much can be done.

 

[AAL1984]

HMM I was raised in that culture myself (though not Morocco) and I too have a hard time believing that an unmarried Arab Muslim man with no children would marry a 46 year old lady then commit to her for the rest of his life?? I think CIC is saving you a lot of heartache. You have to understand, life is tough over there for some people (I say some cause others are very rich and live lavishly) people will do anything they can to get out.

Though I don't know you or your personal details, it just seems very fishy, I have no doubt you are genuine, but I dunno just being from that kinda back ground myself I find if very hard to believe that guy wouldn't ditch you as soon as he could.

So so soooooo sorry God Bless.

 

[AAL1984]

Also you could go and join him, live together for a year, maybe improve his English, take tons of pics and try and apply again? That would really prove how committed you both are.