Interview Failed..

[China Spouse]

My wife went to an interview and after 10 to 20 minutes it was refused... such bull$%#..

I wont go into the reasons...

What are my options here? I am thinking to re-apply... I can't afford a lawyer or to wait 2 years through the courts..

 

[wilson]

,

I suggest please don't waste money and time with lawyer.

Try your luck with re-applying.

 

[kuku]

@china spouse

sorry to hear that..!!!

thats weird...

did they tell her any reason for the refusal ??

 

[locolynn]

Is there a reason you can't appeal? It takes about another year but with re-applying - unless you can prove something has changed she'll be refused on the same grounds. It would be helpful to know why she was refused in order to give you adequate advice.

Lynn

 

[RobsLuv]

Seriously, you first have to wait until you receive information on why the application was refused. If it was that they suspect that yours is not a "bonafide" relationship - and you can provide additional information in support of the relationship - you can reapply, or submit that information as part of the appeal process and benefit from humanitarian and compassionate discretion. Officers processing an application through the embassy do not have H&C discretion - you can only get that through appeal.

Yes, it's a long wait - but you have to measure how long a wait for processing of a new application as opposed to the wait for an ADR hearing, which is normally how they deal with appeals for non-genuine relationships. If you can convince them at ADR, with your proofs, that your relationship is genuine, your appeal can be allowed and then you move forward with a reprocessing and they cannot refuse for the same reason again. If you take your chances and simply reapply through the same embassy, they can refuse again on "non-genuine" grounds.

 

[locolynn]

You are much better appealing than resubmitting a new application IMHO. I would gather up all the evidence of a genuine relationship you have - download and print those pictures off the website... keep any and all skype calls/email/phone cards etc...and you probably want to get a lawyer.

Lynn

P.S. you mention the cost of going to China - was your wife in Canada with you? Was immigration aware of that?

Lynn

 

[toby]

I’d (1) get the CAIPS notes to know what the real reasons were, (2) write a refutation by email to Hong Kong, and if that failed (3) appeal rather than re-apply. But I don’t know your living situation: are you together now, or apart? If together, another long delay for an appeal is more easily tolerated.

Appealing gets you away from Hong Kong, and hopefully in front of more-impartial people.

You know that Canada won’t open electronic files, so only the printed photos of your wedding were taken into account. But my wife and I had a minimal wedding, so that reason surely cannot be the main one for refusing you. Again, wait until you get the CAIPS notes and tell us more about Hong Kong’s reasoning. Then we will be able to offer you more pointed advice than simply “gather more evidence that your relationship is genuine.

 

[scylla]

It was not a electronic file.. it was a public website...

Unfortunately it doesn't matter. Online evidence isn't accepted or reviewed either. All evidence must be printed.

 

[steaky]

P.S. you mention the cost of going to China - was your wife in Canada with you? Was immigration aware of that?

Lynn

I think his wife is in China and that's why the interview was in Hong Kong. I think they live apart.

 

[inflex]

My wife's visa was denied in April 2010. At first I was very sad and depressed. However, it didn't take too long for those emotions to turn to anger and defiance. There was no doubt in my mind that I will appeal the decision. I wanted to prove the genuineness of my marriage and shove it down the officers throat. To me reapplying means I'm agreeing with the officer's decision. I wasn't willing to go that route. At least not after spending thousands of dollars in marriage related costs and a wedding attended by over 400 guests. My MP's assistant even advised me to reapply but I refused.
To proceed, I hired a good immigration lawyer and I didn't wait to receive the refusal letter from the embassy. I just went ahead and filed for the appeal without the refusal letter. I did that based on the information I obtained from my wife about the interview experience. Apparently, the visa officer told her after the interview that her visa will be denied because it wasn't genuine. That was enough information for me to proceed with the appeal process. Not waiting for the refusal letter probably shaved off 2 months of waiting time. Of course, I turned in the letter when I received it 2 months later. In total, I waited for 11 months before my my court date.
Even though I submitted new evidence about my marriage for the hearing in the end my demonstration of the knowledge of my wife and vice versa is what won the day for us. Lawyers help a lot but bear in mind that I'm the one that answered all the questions from my lawyer, the Minister's counsel and the Judge. I performed well that the Minister's Counsel didn't have much to ask and eventually conceded that it was a genuine marriage and I got the favorable decision on the spot.
I hope my experience helps you in making your decisions.

 

[kuku]

@inflex

That is indeed an inspirational story...

an out of curiosity question --which visa office was that ?? I have heard some of the visa offices are very strict in issuing the visa..

 

[inflex]

Kuku thanks. The Visa office is Accra. It has one of the highest denial rates.

 

[China Spouse]

Can someone tell me what lawyers charge for representation in an appeal?

I got a quote for $7500

 

[steaky]

Have you asked the owner of this forum for a quote?

 

[China Spouse]

I think he's in Montreal.. I am on the west coast..

Anyone can recommend someone in Vancouver?