LA Interview from Toronto

[pauly65]

I just wanted to ask this question as I am frustrated. I am a Canadian and my wife is American.
We went through the process since march 2013 and finally after being told last year our file has been moved to LA from Ottawa we got an email for an interview. Now my wife has been back and forth and she was called for an interview and asked to bring in proof of marriage etc. The issue is the letter states its recommended that the sponsor ( me Canadian) should attend the interview and we cannot ask for an alternate date. I have work and a child here how can I just drop everything and go? They did not give me an option and this is upsetting. Anyone go through this and what if I do not attend the interview?
Thanks.

 

[Hasan9999]

Check this thread:
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-interview-questionaires-experience-preparations-t220698.0.html;msg3929901#msg3929901

 

[Ponga]

IMHO, not attending the interview could lead to her PR application being denied.

Wow...they must have serious doubts about your relationship, since the vast majority of Americans are approved without an interview.



Good luck!

 

[pauly65]

Hi all I am back again. My wife went to the interview and the officer was pissed that I did not attend!
Now my lawyer who gave me free advice told me I didn't have to so now we are screwed!
Also my wife stayed here more than 6 months and is over her visitor status. Given the fact that she traveled out of the country and came back she was told at the border she has 6 months but we do not know if anything is in her file as she was told in the interview that she was in Canada illegally over her time.

I need some advice on finding a good lawyer now, and I am off work now so I have to borrow money from family so advice on a decent lawyer please!
I am in Toronto and also anyone with similar experiences please fell free to share.

Thanks!

 

[sariss]

How much notice did they give you?

Now that it's over, what came of the interview? Or have they gotten back to you?

 

[epmarshall]

Sorry for all your troubles, it sounds rough. Any idea why they would be suspicious of your relationship? I'm no expert, but I was under the impression it was easier for Americans.

 

[canuck_in_uk]

Hi all I am back again. My wife went to the interview and the officer was pissed that I did not attend!
Now my lawyer who gave me free advice told me I didn't have to so now we are screwed!
Also my wife stayed here more than 6 months and is over her visitor status. Given the fact that she traveled out of the country and came back she was told at the border she has 6 months but we do not know if anything is in her file as she was told in the interview that she was in Canada illegally over her time.

I need some advice on finding a good lawyer now, and I am off work now so I have to borrow money from family so advice on a decent lawyer please!

There is no point in retaining a lawyer now, as they could do absolutely nothing for you at this point.

If your app is refused, it's usually easier to address the refusal reasons and submit a brand new app instead of paying thousands of dollars and waiting years by appealing.

Your wife's overstay will not affect the PR app and she is now back in status. This time around, if the PR app hasn't been approved when her 6 months is approaching, apply to extend her visitor status so that she doesn't become illegal again.

 

[surleplateau]

Wow, do you have any ideas or guesses why you and your wife got flagged for an interview? I was under the impression that most US-Canada couples get their interview waived, so I wonder what CIC was concerned about...?

 

[rhcohen2014]

Wow, do you have any ideas or guesses why you and your wife got flagged for an interview? I was under the impression that most US-Canada couples get their interview waived, so I wonder what CIC was concerned about...?

i know someone who's husband got pegged for an interview because of some random comment made to a cbsa officer when they called a family member during a crossing once. it was noted in the system, and raised suspicion about the authenticity of the relationship.

the other reasons are usually because of dependant issues and criminality issues. i don't think the interview letter tells the reason.

 

[keesio]

Another common reason is misrepresentation/errors in the application somewhere. Even if it seems minor and is purely accidental.

 

[pauly65]

Someone mentioned issues of dependents.
My wife has a disabled daughter and this may have been the issue as she is a fully dependent on us.
I really dont know any other reason so I am am lost here and
about the only thing both my wife and I have had are parking tickets so no issues with the law.
We have not heard anything yet so who knows how long they will take.

I have to make one point as we have had to redo all medicals and fingerprints and police checks prior to this interview because they took 2 and a half years to give us an interview and that stuff is only valid for 15 months!

 

[chakrab]

if it was required for the sponsor to attend (as stated in the letter), then it was a big mistake not to attend. shows even more than there isn't harmony between the spouses. next time when you apply (in case rejected), do attend the interview. one day of missing work shouldn't have been a problem.

for inland, all spouses have to miss a day of work, that's a given.

 

[pauly65]

There is no point in retaining a lawyer now, as they could do absolutely nothing for you at this point.

If your app is refused, it's usually easier to address the refusal reasons and submit a brand new app instead of paying thousands of dollars and waiting years by appealing.

Your wife's overstay will not affect the PR app and she is now back in status. This time around, if the PR app hasn't been approved when her 6 months is approaching, apply to extend her visitor status so that she doesn't become illegal again.

Thanks for the advice. So they denied our application saying she does not fit under family class because I did not attend!
Is my wife allowed to have a work permit as a visitor now that she has 6 months along with the fact that I will appeal and/or submit a new application?
How do we go about her getting a work permit?

 

[scylla]

Thanks for the advice. So they denied our application saying she does not fit under family class because I did not attend!
Is my wife allowed to have a work permit as a visitor now that she has 6 months along with the fact that I will appeal and/or submit a new application?
How do we go about her getting a work permit?

No - she doesn't qualify for a work permit. You are confusing TRVs and TRPs. She is here as a visitor (TRV). Only those who hold TRPs qualify for a work permit under the six months rule. TRPs are a special class of permit that allows someone to enter Canada who is otherwise inadmissible (typically due to a crime).

 

[SenoritaBella]

Pretty unfortunate situation. To find reason(s) for interview, your wife can request her GCMS notes (since she's currently in Canada) under the Privacy Act for free (since she's currently in Canada). Here: http://www.cic.gc.ca/english/department/atip/requests-personal.asp

If your wife is able to find an employer willing to apply for a LMIA (Labour Market Impact Assessment) for her and if approved, can apply for a 'closed' work permit (i.e. tied to a specific employer). The LMIA is not easy to get with the high fee ($1000 or more) employers have to pay but not impossible if the person is highly skilled. Best wishes in everything.

Thanks for the advice. So they denied our application saying she does not fit under family class because I did not attend!
Is my wife allowed to have a work permit as a visitor now that she has 6 months along with the fact that I will appeal and/or submit a new application?
How do we go about her getting a work permit?