IMMIGRATION REFUSAL

[Mrs BB]

My Husdand application was refused in port of Spain on October 30,2012. I filed an appeal on December 24th,2012. I would like to know in anyone who experience the same thing knows how long it takes for Appeal Division to respond? It was a horrible experience accompanying my husband to that interview in Port of spain. The Interview took two hours and ten minutes. I came back to Canada very sad and he went back to St Lucia feeling horrible bacause of the way he was treated by the Immigration Officer. My husband is a very quiet person and some things he just did not remember because he feel that he was red flagged. My husband lived in Canada for ten years and he has no criminal records, however his claim was turned down and he was ordered to leave. He bought his own ticket and left. I met my husband in December 2010 and we agreed to get married prior to him leaving Canada Aug 2011. I went down to Saint Lucia and we had a beautiful wedding along with his family and my family members, who accompanied me. Any suggestions please let me know because I am new on the forum.

 

[scylla]

Sorry to hear about your refusal. I would recommend you join the following thread where the subject of refusals and appeals are being discussed:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html

 

[fromadistance]

That is awful. Sorry to hear. Did they say why he was refused?

 

[Mrs BB]

The reason for refusal according to The CIC Officer is that our marriage is not genuine and do not meet the definition of a member of the family class. According to her my husband is not aware of the basic details of my previous marriage, After marriage the evidence submitted was limited although we provided them with proof of marriage arrangements, Pictures, insurance papers from both our jobs, plane tickets purchased to visit my husband, family members plane tickets to our wedding, emails,ecards, papers of barrels shipped from canada to my husband in St Lucia, receipt for my rings etc. My husband and i spoke briefly of my ex and I am not too sure what she wanted to know about my past relationship. We are in our late forties and it sucks to know that I can't even get to cuddle with my husband. Wow this is really messed up. i am planning to take a leave of absence from my jobs for two months to be with him, but I don't know how long the appeal process will take. Any suggestions?

 

[waitingsince2004]

It take normally 10-12 months depending on individual cases. Some time it is more than 2 years also. You must gather more evidences like travelling together, boarding passes, communication evidences between both of you even during the appeal process, chat scripts, insurance with the name of your husband as a nominee, more photographs, honeymoon pictures, I understood that it was your second marriage; is it second marriage of your husband too?? On what status your husband lived in Canada for 10 years?

 

[gsize]

The reason for refusal according to The CIC Officer is that our marriage is not genuine and do not meet the definition of a member of the family class. According to her my husband is not aware of the basic details of my previous marriage, After marriage the evidence submitted was limited although we provided them with proof of marriage arrangements, Pictures, insurance papers from both our jobs, plane tickets purchased to visit my husband, family members plane tickets to our wedding, emails,ecards, papers of barrels shipped from canada to my husband in St Lucia, receipt for my rings etc. My husband and i spoke briefly of my ex and I am not too sure what she wanted to know about my past relationship. We are in our late forties and it sucks to know that I can't even get to cuddle with my husband. Wow this is really messed up. i am planning to take a leave of absence from my jobs for two months to be with him, but I don't know how long the appeal process will take. Any suggestions?

time for appeal varies depending where the case will be heard. Wait times in Toronto are 2 years plus. Much shorter elsewhere. (for me 28 months from filing Appeal to Hearing date) Compassion went out the window a long time ago.

 

[hubby chubby]

With all that proof, how can a Visa officer say its not geuine?. These guys at times confuse me....

The reason for refusal according to The CIC Officer is that our marriage is not genuine and do not meet the definition of a member of the family class. According to her my husband is not aware of the basic details of my previous marriage, After marriage the evidence submitted was limited although we provided them with proof of marriage arrangements, Pictures, insurance papers from both our jobs, plane tickets purchased to visit my husband, family members plane tickets to our wedding, emails,ecards, papers of barrels shipped from canada to my husband in St Lucia, receipt for my rings etc. My husband and i spoke briefly of my ex and I am not too sure what she wanted to know about my past relationship. We are in our late forties and it sucks to know that I can't even get to cuddle with my husband. Wow this is really messed up. i am planning to take a leave of absence from my jobs for two months to be with him, but I don't know how long the appeal process will take. Any suggestions?

 

[sunsun]

I also don't understand why VO refused your husband.....

 

[gsize]

many cases are denied- 20-25 % for various reasons. The important thing now is that she can Appeal the decision. No sense trying to second guess It will eat you up inside. Waiting is the hardest part !


Good luck to all those under Appeal. Take care of yourself.....stay away from the meds and try to drink Apple Cider Vinegar (great for stress, high blood pressure)

 

[HadIer11]

its so sad and pain full for me to hear that, i like to advice you for the next time couple of things for interview,

1) Visa officer try to get you confuse with various questions, like your marriage is not genuine.

2) May be he informed you that department received a complain about you that both of you get married for immigration, Please do not get panic and do not think about any of your relative of friend to guess how do that? Actually 99% chances no one complain about your marriage. this is only a interview question to get you confuse,

3) even to speed up your case, have a meeting with your local MP. He will help you.

4) when you register a complain you must give the reason that in our community its seem very odd to talk about our xhusband or xwife.

i wish you best of luck. and wish within next year your husband be in Canada.

Allah Haifz

 

[Mrs BB]

I filed for an appeal on December 24, 2013. I just received my refusal letter today by email. The letter was sent to my old address although I notified CIC of my new address back in july. I sent them an email yesterday and thank God I received it today. I already filed an appeal with my husband's refusal letter with an explanation. This is so wrong, how can someone be away from their spouse for such long time? I am seriously planning of taking a Leave of absence to go hang with him in St Lucia. I am concerned about the appeal because I don't know how long it will take and how the Alternative Dispute Resolution works. Can someone please explain it to me? My Husband left Canada in August of 2011 and I have been in St Lucia three times. I also accompanied him to Port of Spain for his interview. I am very happy that we are both working and can afford the plane fares, but by thie time this is over we will be broke! :'(

 

[canadianwoman]

The reason for refusal according to The CIC Officer is that our marriage is not genuine and do not meet the definition of a member of the family class. According to her my husband is not aware of the basic details of my previous marriage,

This is a common question. The visa officers expect that the applicant and the sponsor will know about each other's previous relationships. They will expect both to know details such as why the previous relationship ended. If one or the other does not know, the visa officer will take it as evidence the relationship is not genuine. You can get around this by stating that you personally do not like to discuss such things, or that people in your or the applicant's culture in general don't usually discuss such things. Just saying "I don't know" when the visa officer asks something like this won't be good enough, usually.

, and maybe even the name of the After marriage the evidence submitted was limited although we provided them with proof of marriage arrangements, Pictures, insurance papers from both our jobs, plane tickets purchased to visit my husband, family members plane tickets to our wedding, emails,ecards, papers of barrels shipped from canada to my husband in St Lucia, receipt for my rings etc.

The visa officer seems to think you have enough evidence about the wedding ceremony itself, but was not satisfied with your evidence about your relationship before and after the wedding.
For your appeal, gather more evidence of your relationship as it developed, and as it continued after the wedding.

i am planning to take a leave of absence from my jobs for two months to be with him,

This is very good. Spend as much time with him as possible, and keep all documentation of your visits with him and any communication with him.

It can take about a year for an appeal, and maybe two if it is in Toronto. If they decide to hold an ADR instead, it should be much faster than that. Get on the phone with the Immigration Appeal Board that is handling your appeal and try to talk to whoever is dealing with your file. Tell them you want an ADR. An ADR is an informal hearing. They will discuss your case with you - you can show evidence that the relationship is real, and try to convince them it is. If the government lawyer still does not agree, then you will be scheduled for a full appeal.

 

[MadeInCanada]

The reason for refusal according to The CIC Officer is that our marriage is not genuine and do not meet the definition of a member of the family class. According to her my husband is not aware of the basic details of my previous marriage, After marriage the evidence submitted was limited although we provided them with proof of marriage arrangements, Pictures, insurance papers from both our jobs, plane tickets purchased to visit my husband, family members plane tickets to our wedding, emails,ecards, papers of barrels shipped from canada to my husband in St Lucia, receipt for my rings etc. My husband and i spoke briefly of my ex and I am not too sure what she wanted to know about my past relationship. We are in our late forties and it sucks to know that I can't even get to cuddle with my husband. Wow this is really messed up. i am planning to take a leave of absence from my jobs for two months to be with him, but I don't know how long the appeal process will take. Any suggestions?

I am really sorry to hear you were refused. If you dont mind may I ask what they asked your husband in regards to your previous marriage? And what was his answer that they would see as too basic?

I dont mean to come across as uncompassionate, perhaps others including myself might learn from your experiance.


Thank you, good luck and god bless.

 

[Mrs BB]

I finally received a response from the IAD. I need to know if all spousal sponsorship is considered for an ADR. I got in touch with my MP and ask for his support in getting this Immigration nightmare over as soon as possible. Any ideas????? Much appreciated.

 

[canadianwoman]

The IAD will look at your file and consider whether they think it is appropriate for an ADR. I believe the Canada Border Services Agency also has a say in that. Being given an ADR is not automatic. I would stay in contact with the IAD and ask for one, repeatedly.