NAIROBI CHC: I NEED PEOPLE WHO CAN CRACK THIS ROCKET SCIENCE CASE.

[wowsers]

Dear Naomi 39, I am sorry if I have hurt your feelings. However you do not appear to understand that the advice I have given you is designed to help your case. My post contained two important points. (1) if your marriage is invalid, you do not need a divorce. A divorce can only dissolve a valid marriage. You can get validly married to your husband without getting a divorce.(2) If as I understand is the case your husband's proxy marriage was in the DRC and the DRC does not recognize proxy marriages (which is what you are now saying), it seems to me unlikely that Canada will recognize your husband's proxy marriage as valid. As I understand Canadian law _ I have already told you that I am not a Canadian lawyer- Canada recognizes the validity of a proxy marriage if it is recognized by the law of the jurisdiction where the marriage was celebrated. It follows that if the proxy marriage was not valid by the law of DRC, it is not valid either by Canadian law. If you do not understand the argument, check it out with a Canadian lawyer. But do it quickly: there is very little time left.

 

[jomz]

wowers. Since you are saying the spouses 1st proxy marriage was invaid, than how on earth did he get a divorce decree on it. Based on this fact alone it would seem that her husbands first proxy marriage was valid in the country where it took place.

2. if in that country multiple marriages are valid, than Naomi will most likely need to divorce under those country rules as she cannot marry the same person she is married with. this is of course only applicable if the marriage to her husband is valid in the country it took place.

Recognition of marriage by Canada at this point has nothing to do with it.

 

[wowsers]

wowers. Since you are saying the spouses 1st proxy marriage was invaid, t

Recognition of marriage by Canada at this point has nothing to do with it.

You misrepresent what I wrote. It was Naomi 39 who said that DRC does not recognize proxy marriages: she says that that advice was given her by a lawyer. I do not know one way or another whether DRC law recognizes proxy marriages: I simply point out the consequences if she is right. And Canadian law has everything to do with it!

 

[Naomi39]

Thanks Dear Wowsers, I really appreciate your advice. I am putting pressure on my husband to find a good lawyer in Canada. He told me that he consulted two lawyers already who could not help him at all. However, one of them tried to help him by formatting a letter and gave it to my husband so that he can email that to Nairobi. My husband did exactly what that lawyer told him to do. I will tell him to keep looking for a good one who can understand and help us. I always report to my husband every good advice I get from you guys. Again I did not mean to be rude to you Wowsers or to anyone else because you guys really helped me. Any question I ask will help me at the time we will reapply for PR since our case has a strong likelihood to be rejected. I really appreciate people who helped me so far such Jomz, Rob-T, Wowsers, Zardoz, Canadianwoman and many more.

 

[Naomi39]

I would really advise you to just get remarried now. It can be a simple civil ceremony. Then send evidence of this remarriage to the visa office to be added to your file, with an explanation. If you wait until you get the rejection letter, you will have to reapply or appeal, both of which will take a long time. If you send the evidence now, that might lead to the visa officer approving the visa.

Is it a good idea for him to come remary me before their decision? Wouldn't this be a 100% chance of rejecting the whole thing? My husband is still a PR and he is 4.5 years in Canada now. Thanks

 

[wowsers]

Remarriage now before the decision would certainly amount to an admission that your marriage was invalid. There are however two possible advantages (1) The VO might take the view that the re-marriage cures the defect in your application and might lead to a decision in your favour. I am afraid that I cannot predict whether that would indeed be the result of remarriage. I do not know the answer to that. Possibly someone with more experience than I of the way VOs operate can advise about that? (2) At the very least if you have to re-apply you gain some valuable time by getting rid of the problem before re-applying.

 

[canadianwoman]

Is it a good idea for him to come remary me before their decision? Wouldn't this be a 100% chance of rejecting the whole thing? My husband is still a PR and he is 4.5 years in Canada now. Thanks

I would, then send the proof of the remarriage to the visa officer with an explanation. A PR can leave Canada for a short time while sponsoring. If he has been with you for more than 6 months, then yes, that would be a problem for sponsoring.

 

[Naomi39]

I understand as wowsers suggested about the second question, I will need anyone who has a vast knowledge on OP2 before I ask my husband to come down here and remarry me if that would save this application. Canadianwoman I already endorsed what you said I will need two different people who will come up with more light on the second question I asked. My husband already applied for his citizenship 6 months ago. It is fine if he can leave Canada just for 3 weeks then go back.

 

[Amanda10]

Naomi,

I am positive that something good is on your way, because I still don't understand why they didn't send a rejection letter to you on 2 occasions as you mentioned it. For example, On September 18, 2013 I am very positive that your CHC pulled up your file and processed it as the divorce document arrived at the embassy. There was a BF'D of October 30,2013 as you mentioned. In case they did not processed your file against the divorce certificate on either September 18th or October 30th, 2013 then I don't know why the file was assigned a BF'D of October 30th? To me, I assume that they might have overlooked the details of your marriage vs his divorce's dates. Another assumption is that they might have voided the first marriage and validate your marriage which is the second option. This is how I am looking at the case because I don't understand why they still don't want to send a rejection letter, but send your husband an email after the BF'D stating that your file is on queue for further processing. I may be wrong but guys that is how I see this case.

 

[Naomi39]

Naomi,

I am positive that something good is on your way, because I still don't understand why they didn't send a rejection letter to you on 2 occasions as you mentioned it. For example, On September 18, 2013 I am very positive that your CHC pulled up your file and processed it as the divorce document arrived at the embassy. There was a BF'D of October 30,2013 as you mentioned. In case they did not processed your file against the divorce certificate on either September 18th or October 30th, 2013 then I don't know why the file was assigned a BF'D of October 30th? To me, I assume that they might have overlooked the details of your marriage vs his divorce's dates. Another assumption is that they might have voided the first marriage and validate your marriage which is the second option. This is how I am looking at the case because I don't understand why they still don't want to send a rejection letter, but send your husband an email after the BF'D stating that your file is on queue for further processing. I may be wrong but guys that is how I see this case.

Hi Amanda, nice to hear form you girl. I am sorry to respond so late because I was away from the forum for couple days. As you described this situation, I am also confused about what the CHC is doing. We sent few explanation letters about how we are found in this situation. We are also waiting for our CAIPS notes to come soon then we will know if they have already completed that stage of reviewing the divorce certificate since they got it September 18, 2013. Thanks for your input by the way Amanda.

 

[Naomi39]

I wished I could see everyone's faces how they look like lol, because some comments posted on my threads really scare me to death when I read them. It's been 2 weeks since my last known BF'D went by without any sign of a rejection letter friends!!!! and I am also 2 weeks shy from getting my CAIPS notes. MED have recently expired which I believe they have extended them already. As I know myself I am in good health and the doctor confirmed it too. I feel squeezed because my hubby's MP said it would be immature to write to CHC soon because she recently sent an email on our behalf last October 30th, 2013 and received that email which is above November 01, 2013. Wowsers we did what you said and still waiting for them to contacted us.

 

[Naomi39]

I have few questions guys:

1. How many officers can review an application?
2. When requested documents arrive at CHC, is it the officer who go pick up them or there is someone from the registry who will bring those documents to the officer?
3. Now I have my own UCI which I received in two previous letters the visa office sent to me. Does it mean if they had to reject my application, do I still need to use this when we reapply for the second time?

 

[zardoz]

I have few questions guys:

1. How many officers can review an application?
2. When requested documents arrive at CHC, is it the officer who go pick up them or there is someone from the registry who will bring those documents to the officer?
3. Now I have my own UCI which I received in two previous letters the visa office sent to me. Does it mean if they had to reject my application, do I still need to use this when we reapply for the second time?

1) One usually I believe. However I am not aware of any limit.
2) I think that they are managed by clerical staff but can't prove it.
3) Yes

 

[Naomi39]

Thanks Zardoz for your comment.

 

[Amanda10]

Hey Naomi, any news from CHC Nairobi about your application? you are deadly quite, all the best.