Mexico

[mc1234]

mc1234 - I'm a hero now, party at your house??

LOL, come on over

 

[mc1234]

Hey gricelanora

I am one of those that had to appeal, so I'm well aware with how it works. Basically they send the sponsor (I'm assuming you) a copy of the decision with the appeal instructions, and you have to file an appeal within 30 days of receiving this document. The embassy in Mexico City never sent my wife the instructions, so it wasn't until I sent a very demanding email that they gave me a pdf and a word file with the appeal instructions. If you ever need them, send me a PM and I'll email you a copy.

The process is relatively simple compared to what you had to go through to fill up the PR application.

You just have to fill out one sheet requesting the appeal, and send it along with a copy of the embassy's refusal.
There are three offices and you WILL have to travel to one of these for the hearing, which will be 8 - 12 months after you file the appeal, in my case it took around 16 months since Toronto was busy and had many applications.

Anything East of Montreal, and Ottawa, you will send your appeal to the office in Montreal.
If you live in Ontario (Except Ottawa) you will send your application to Toronto.
Anything west of Ontario will be sent to Vancouver.

The purpose of the appeal is to prove that the Immigration Officer in Mexico City is wrong, for example if you get denied because he doesn't trust the relationship is genuine, then you will have to gather additional information and also explain the reasons why he denied you and why the IO is wrong.

20 days before the hearing date, you will have to mail copies of any evidence to the Minister's counsel and to the IAD (Immigration Appeal Division, TO, MTL or VAN)

My appeal was very simple really, my wife went to Toronto and brought along several family members as witnesses, after questioning her, my mother-in-law and my sister-in-law, they called me and they put me on speaker phone and I spoke to the Judge (Decision maker, as he calls himself) and the Minister's counsel. They were incredibly nice to me, though the minister's counsel was trying to be a bit more serious, but she couldn't resist laughing to my funny jokes and adventures about when I was in Canada

They'll ask you questions that you probably never imagined, so if it's fake, they'll find out. They asked me stuff such as when we started getting intimate, on what side of the bed I sleep, where does she work, how many hours does she work per week, what are our plans for the future, Who cooks when we're down here in Mexico, to which I replied "The guy working kitchen at Subway" and they started laughing out loud. 8)

I guess confidence and a good sense of humor goes a long way!

Needless to say, immediately after I hung up my wife called me to tell me I was accepted and they were allowing the appeal. The Judge told my wife that it would take like 6 - 12 months for me to be back in Canada, of course this all depends on the embassy in Mexico City.

Now I'm at this stage of my process, I just got the appeal allowed and I'm waiting to hear from the embassy here. Hope this helps!

If you have any more questions then I'll be glad to help. However I do think you're getting ahead of yourself Worry about the appeal only if you get denied.

@edgar why was the application denied in the first place??

 

[itscoezy]

@ edgar why was the application denied in the first place??

He said this in a previous post
" Background info on me:

I moved as a minor with my family (dad, stepbrother, stepmom) to Canada and my dad applied for Refugee status, it was denied as well as Humanitarian and compassionate grounds, we didn't apply for the PRRA, we left voluntarily after this and we paid for out own tickets to get back home. Now according to this I would need an ARC, but I've read some conflicting laws saying that only the main applicant (my dad) needs one. Not even the embassy knows, they told me on an email (I still have it) that I didn't need one, but that an error in the system was saying I needed one, they advised me not to travel to Canada while they fixed it, when I asked again about the status, they told me that I did, in fact need one, but that they wouldn't charge me for it. When I had my interview at the embassy the lady told me that they would let me know if I needed one when they send me the decision by mail, they didn't include that. so I'm confused as to whether I need one or not.

I really hope I don't, considering all the terrible stories of people getting the ARC denied, and having to appeal AGAIN for them to give it to you, this is just so confusing, I've been at this for 2 and a half years.

If I can help anyone in anyway, let me know, and if anyone has any input on my case, I will appreciate it.

Edgar"

 

[mc1234]

@itscoezy - Thanks

 

[edgarsitow]

@ edgar why was the application denied in the first place??

Hi mc1234

What itscoezy replied to was for the refugee claim which was abandoned long ago.

What was denied was my sponsorship application, that one was denied because the IO (the same rude woman everyone has discussed here) determined that I wasn't serious with my relationship and that I would leave my wife once I gained PR (ridiculous) also because we didn't have support from my wife's parents, which is another lie.

They weren't able to attend the wedding due to passport problems, not because of a lack of support, however the IO didn't bother to ask me any questions regarding this or my relationship at all. The only question I was asked about the relationship was "How did you guys meet?" and everything else was regarding my past refugee claim made by my dad.

To make a long story short, the judge determined that the IO made arbitrary assumptions regarding the relationship and granted the appeal.

 

[mc1234]

Hi mc1234

What itscoezy replied to was for the refugee claim which was abandoned long ago.

What was denied was my sponsorship application, that one was denied because the IO (the same rude woman everyone has discussed here) determined that I wasn't serious with my relationship and that I would leave my wife once I gained PR (ridiculous) also because we didn't have support from my wife's parents, which is another lie.

They weren't able to attend the wedding due to passport problems, not because of a lack of support, however the IO didn't bother to ask me any questions regarding this or my relationship at all. The only question I was asked about the relationship was "How did you guys meet?" and everything else was regarding my past refugee claim made by my dad.

To make a long story short, the judge determined that the IO made arbitrary assumptions regarding the relationship and granted the appeal.

How awful . I heard people talk about this VO officer in passing but i dont know much about her.. Does she deal with the majority of the applications for spousal/common-law?

 

[itscoezy]

Hi mc1234

What itscoezy replied to was for the refugee claim which was abandoned long ago.

What was denied was my sponsorship application, that one was denied because the IO (the same rude woman everyone has discussed here) determined that I wasn't serious with my relationship and that I would leave my wife once I gained PR (ridiculous) also because we didn't have support from my wife's parents, which is another lie.

They weren't able to attend the wedding due to passport problems, not because of a lack of support, however the IO didn't bother to ask me any questions regarding this or my relationship at all. The only question I was asked about the relationship was "How did you guys meet?" and everything else was regarding my past refugee claim made by my dad.

To make a long story short, the judge determined that the IO made arbitrary assumptions regarding the relationship and granted the appeal.

Woooops =D so sorry, I obviously got that mixed up!

That's terrible they just automatically assumed all of that! How long have u guys been together?

 

[edgarsitow]

How awful . I heard people talk about this VO officer in passing but i dont know much about her.. Does she deal with the majority of the applications for spousal/common-law?

I know she's in charge of a high amount of Sponsorship applications given what I've read in this forum, but when I went to the embassy, there were two other officers dealing with applications.

Woooops =D so sorry, I obviously got that mixed up!

That's terrible they just automatically assumed all of that! How long have u guys been together?

We've been together since early 2007. And nothing out of the ordinary in how we meet (at school, her locker was fairly close to mine so I'd see her regularly, she'd spend the night at my place sometimes, I've been able to speak English for as long as I can remember, etc.) Sometimes it's just not enough.

 

[robrod]

Thx for sharing your story, Edgar. Especially how an appeal works.
It's then easy for them to realize someone there made a mistake. But if it's the same person doing them, something should be done about it, you know what I mean?.
I'm sure you delighted them with your stories and good to know you even made them laugh.
No funny matter that woman refused you, of course. But now it's just matter of time for you to become a PR.
Congrats!,
Rob.

 

[edgarsitow]

Thx for sharing your story, Edgar. Especially how an appeal works.
It's then easy for them to realize someone there made a mistake. But if it's the same person doing them, something should be done about it, you know what I mean?.
I'm sure you delighted them with your stories and good to know you even made them laugh.
No funny matter that woman refused you, of course. But now it's just matter of time for you to become a PR.
Congrats!,
Rob.

Thanks for your reply Rob.

Yeah I totally get what you mean, I'm not sure what her motives are and in a way I appreciate that Canada doesn't just let in anyone who applies, but I was brought up to treat people with respect, and I believe that a polite and respectful treatment should be a given. A lot of people get frightened when someone treats them poorly.

I certainly wasn't laughing when I got denied, though I kinda knew the answer already since I felt that I got robbed of my interview, but at least the guys in Toronto were fair. There is a clause in the decision they sent my wife that said the IAD went into the hearing with the appeal approved, but they wanted to hear me out just to verify what they had known all along.

On another topic, The letter the IAD sent to my wife has a date of 08/Feb/2012, and she got it on the 17th of that same month. They were sending a copy to the embassy so they could continue with the paperwork, it's been a month and I haven't heard from them. I did go on 16-Jan to the embassy and left them a letter telling them of my new address and asking them what were the next steps. Haven't heard from them yet.

Do you think it's time for me to send them an email? Honestly I'm wary of the snail mail here in Mexico, and I live in an apartment building so I don't trust the Mexican Post Office.

I just don't want to get them all angry, but I'm not sure what's an acceptable time to wait before contacting them.

 

[robrod]

I've been to the embassy myself there and I think it will be ok for you to drop by and ask what's the status of your case. The ones working behind the glass windows there are mexican, they are not the ones running the show. I went there once myself and they read to you what they have in front of them in the computer.
And yes, what about if the letter got lost in the snail mail?. I know how reliable the mail is there, I'm mexican.
You have every right to go there and ask. And if there's no answer, your wife should go to her MP here in Canada to formally enquire what's the hold up...

 

[edgarsitow]

Alright thanks Rob.

I'll bring a copy of the decision that was mailed to my wife and will go there on Tuesday or Wednesday.

Sending them an email usually worked for me, but they didn't reply the last one I sent, perhaps because they hadn't received the copy of the decision from the IAD. Also 20 business days for a reply seems kinda long. I'll go there next week and if I don't get an answer then I'll send them another email.

 

[gricelanora]

thank you so much edgar for letting us know how appeals work. and congrats this is almost over for you .....

yes i know that maybe i m getting a little ahead of myself, i try keep a positive mind, but with everything going wrong i cannot help to think the worst
and believe me i hope with all my heart that the letter holds good news for my hubby and i...... once again thank you and yes if i do need any help i will keep in touch.

 

[mc1234]

thank you so much edgar for letting us know how appeals work. and congrats this is almost over for you .....

yes i know that maybe i m getting a little ahead of myself, i try keep a positive mind, but with everything going wrong i cannot help to think the worst
and believe me i hope with all my heart that the letter holds good news for my hubby and i...... once again thank you and yes if i do need any help i will keep in touch.

Your in my thoughts grice.. please let us know what happens.. all the best!

 

[itscoezy]

We've been together since early 2007. And nothing out of the ordinary in how we meet (at school, her locker was fairly close to mine so I'd see her regularly, she'd spend the night at my place sometimes, I've been able to speak English for as long as I can remember, etc.) Sometimes it's just not enough.

Wow that's tough What a journey immigration is taking you guys on! we haven't sent our application in yet.. Is there any advice you have, or anything you wish you had of done differently/included in your application to make it stronger? I know hindsight is always 20/20 and we'd all love to learn from the more experienced. Anything you can share would be appreciated!