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need advice: submitted additional information, no replies yet; what to do?

stevelo

Star Member
Apr 7, 2012
82
1
Category........
Job Offer........
Pre-Assessed..
Previous post had too many questions, but anyway let's try again, more focused...

Situation: Applying outland, from outside of Canada. I am Canadian, spouse is Korean. We are living in the US currently while waiting for her PR application to go through.

1. Received email from Seoul embassy seeking additional information on Feb. 2nd. Information needed were[/b]
a. Passport biopage
b. sponsor's intent to return to Canada
c. spouse's legal right to stay in US
d. mailing address in Korea
The email also contained a file which stated COPR should be issued after additional info was submitted.


2. Sent all information by email on Feb. 6th. About intent to return, submitted that I have apartment in Canada and family and friends there.
Nothing happened for a long time...

3. Eventually emailed Seoul office asking what's going on, March 5th.

4. Got email back of scanned physical letter dated March 5th, stating intent to return was insufficient. Decision to be made within 30 days of letter, will reject application unless more substantial proof provided. Main concerns were:
a. I work in the US and my work visa expires in 2014
b. I don't have a job waiting for me in Canada

The letter would eventually arrive in the mail on March 22nd, however since we got the email scan on March 6th we were able to reply in 15 days (March 20th).

5. Sent reply by email on March 20th detailing every aspect of intent to return we could get including
a. quitting US job / My(Sponsor)'s US visa will expire automatically when I quit my current job
b. job hunt efforts past year
c. arrangements to travel back to Canada + moving
d. financial status showing proof of funds
e. Banks accounts, Credit Card and cell phones in Canada is active
f. Residency (I bought a Condominium in Canada currently rent out, Letter from my close friend who invited us for staying his place until our apartment will be able to move in )


6.Current situation:

Second letter stated a decision would be made in 30 days from March 5th; so a decision should have been made by/on April 4th. However, they should've also had our email since the 20th, and if there are no complications could have made a decision then.


Questions:

1. At this point we haven't received any further response. Some people have mentioned we might have to submit the passport biopage again; but if they don't ask us for anything this time what does it mean? How long should we wait before emailing them to ask what's going on?

2. Spouse's medical was done on March 31st, 2011. Since this is taking longer than expected, but just over the limit, will they ask us to do another medical or will they extend the date? I've read some posters who have had their dates extended; would this situation warrant an extension? Is there any way to find out?

3. Our passport biopage was last submitted Feb. 6th; will they need to ask us to submit again?

4. Prior to all this, my wife was trying to extend her study visa in Canada; we were waiting for an appeal when we decided to just move down to the US temporarily until the PR was completed. Actually she was called in for an interview for the study visa extension which we chose not to attend (since we weren't in Canada anymore) and as a result our appeal got rejected (around September 2011). We did submit proof that we left Canada 3-4 months before the rejection was made.

Will it affect our situation if we try to come into Canada this time (assuming our process isn't done yet)? As a Korean she should be visa-exempt, but will this history affect it?
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
Hi stevelo.

Check your PMs - I had written a reply to your note with several suggestions on trying to find out if her medical has perchance been extended and general approach.

In addition to that, I will add that the rejection of the prior student visa extension which you explain here and the fact that you've applied for a spousal visa will affect her entry into Canada as the notes are most likely in her record for the immigration officer to consider. A visa just grants the ability to get to Canada but the determination of whether she is admissible and arriving as a visitor temporarily is the discretion of the officer on duty. The precise impact depends on the person on duty (customs officers are human, after all) and her travel pattern since you moved away (have you gone back for holidays, etc.) but decisions are not made in a vacuum.

Also, the 30 days were the time limit for the decision to be made assuming you didn't send any additional information back to them (the BF date - bring forward date - that they were going to shelf the application until). However, by sending info you reset the clock on your application and got around the refusal so they may have gotten as far as deciding to leave the case open for review instead of taking a final decision on the spot (or you may have a letter in the mail).

I would suggest reaching out to them, especially since they've been very responsive to you before, but first figure out exactly what you want to ask them (beyond whether they've taken a decision you may want to provide additional explanations including why you've done certain things like a short answer to their questions based on your consultant's recommendations not lack of caring, or not following up on the student visa because you thought you'd stay in the US until the spousal visa was approved). I went into this in a lot more detail in my PM based on the details you shared so I won't repeat those ideas here.
 

Fencesitter

Champion Member
Sep 29, 2011
1,761
52
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
April 13, 2012
AOR Received.
AOR2 July 25, 2012
File Transfer...
July 13, 2012
Med's Done....
Mar 1, 2012
Interview........
WAIVED!
Passport Req..
Aug 28, 2012
VISA ISSUED...
Sept 24, 2012
LANDED..........
Jan 30, 2013
Submit everything you can...don't leave any doubt..even mention you will go as far as moving back to Canada before the PR visa has been issued (though you prefer to go with your wife)...write a lengthy persuasive essay...buy plane tickets...include as much evidence as your can...

FS