Need advice, what kinds of new evidences to help for appeal

[truelove]

I already filed my appeal forms as it is approach 30 days.

During the application, we gather all the documents to support our case as we can.
For the appeal, I can only provide more converstation history or phone bill or parent's referrence or webcam pics or some more pictures took after our refusal or EMS bill of sending gift to each other. (not sure if it helps)

How can we pursade IAD my husband comes to canada is because of me not study permit? Or what kind of evidence will be useful?

Anyone can suggest a good consulant or lawyer in toronto for appeal, please?



Here is my refusal reasons:

Based on the letter, reasons of the refusal are:

1- Visa officer juded our relationship is not genuine caused my parents don't know I married and my parents never see my husband, our marriage is not following to our culture which is unusual
Explain: There is some conflict btw me and my parents, I scared they disagree my marriage because that was my first time to see my husband and married right after 7 days I met him, I knew they will not agree with my decision that why I did it sercetly. After the refusal, I am facing lots pressure over the year and I decided not to give up our relationship and knowing that this is an factor cased our application refusal, I decided to be honest to my parents and they actually accept us. However, my dad are working and not available to travel China and my husband has no way to visit Canada to see my parents.

2- We have short courtship
Explain: The letter mentioned I stayed with him 2 weeks which is wrong. Right after our marriage I need to come back for my convaction, therefore, I can only stay about 3 weeks after marriage. We met only for a long period, very stable relationship and communication. During 2008-2011, I was in University. By the time we met each other, we felt very comfortable. We actually lived together since the first day. After the refusal, I stayed another 3 weeks and my parents requested me to back Canada.

3- My husband applied study visa and refused and he has a big interested to come to canada for study and that why he married with me
Explain: My husband applied study visa after close to 3 years communication with me online, he applied study visa because he wanted to upgrade himself while he can have chance to get long with me. If he really want to study, he can simply go apply for third time study visa or try other countries. He has no need married with me caused of study. It cost such more work and time.

4- We are both first marriage, we are very young and thought sponsorhip is the easier way for us to live together then we did something without lot of consideration then got refusal. However, we are in true love and don't want to give up.

5- We submitted lots of documents to proof since 2008 to present and Vsia officer seem not care about it. During the interview, she does not asked any futher questions but ONLY about my parents. I spoke English and she kepts asking me to repeat the same sentence over 4 times. I saw no respect during the interview and rude. She kepts my original copy of marriage certificate and not return.

6- Study visa refusal should not became the primary refusal reason... (maybe by law?)

Here are just too much concern and diffuclt for me to stay in China for long period. I lost lots of job opportunity in Canada as a new graduated study, I lived in Canada over 18 years and it does not make sense to reject my application.



Background about our relationship:
We met each other via internet (an education forum) during 2008.
Applicant applied study permit during December 2010 twice and refused.
We married during May 2011 then submitted application during September 2011.



Documents that provided for the application:
Necessary documents (police cert. marriage cert. medical examination, option , landing fee etc.)
Love story from both of us
Conversation history since 2008 until present (including MSN and Emails)
Phone Bills (cellphone and VOIP)
Western union or PayPal or Bank statement (approx. 90thousand USD saving)
Pictures (such as honey moon pictures, wedding pictures, webcam pictures etc.)
Bills to prove we purchased gifts to each other (including EMS recepits) over the few years

 

[Fencesitter]

Were you refused as the sponsor? Or was the applicant refused?

Your case seems tough...as you married after 7 days. Who does that? Nobody I know...it is definitely strange.

I think meeting on the internet is fine...but I think cases where folks met in person (real life, sort of speak) are much stronger.

I have no other advice to give, as your case seems quite complicated, seeing as your parents didn't even know you were married.

FS

 

[vechappell]

Is he applying for a study visa or are you applying for sponsorship?

If it is the study visa he is wanting he will be refused again, CIC will expect this is the only reason you are married, because a lot of things you mentioned are quite weak (parents not knowing/meeting and you married after only 7 days).

If you are a genuine couple apply for sponsorship, then afterwards if everything works out well and he still wants to study he can apply as a PR.

But at the moment your case is very weak.

 

[missmini]

no matter the outcome do go for the appeal with or without lawyer (better with)...the main problem is the fast marriage and that ur parents did not know....u need to address all the refusal points (like u did here) in preparing ur appeal, u need to b confident and show them ur true love and that ur husband is the most imp....young people do get married in crazy ways no need to judge (the officers did that already), explain that; explain that after seeing each other every day online and talking u felt like u know urselves in person.....if that's how it was otherwise don't lie

also did ur husband mentioned he knows u in his study permits applications? if not it's another problem if yes use that also as a proof

 

[Fencesitter]

young people do get married in crazy ways no need to judge (the officers did that already)

Really? It's extremely odd, for anyone, of any age, to get married after 7 days.

FS

 

[soldier313]

no 1 knows whats cookin in the mind of the husband...i agree with the decision of CIC...why the quick marriage?

 

[canadiangirl78]

no 1 knows whats cookin in the mind of the husband...i agree with the decision of CIC...why the quick marriage?

I agree too. Something is off and I doubt CIC will approve the visa.

 

[missmini]

Really? Did you think I was judging because I said "Who does that? Nobody I know...it is definitely strange." If opinions are considered judgements, I guess I am guilty, but from where I stand, this is obviously a marriage of convenience. Have you ever known someone who got married after 7 days and met online? Come on...

FS

i did hear of people who got married during the first visit....now maybe it was longer visit but it was still during the first time they met real....what abt the arranged marriages those people didn't meet at all before right or no? ....anyway some cases like this do pass and get visa but it's getting harder and harder....it depends how u present urself and if it's common from where u come or not...i didn't mean that people judge vs giving ur opinion and i didn't even quote u : i just don't like when people discourage more others when obviously they r in distress and going through a hard time....they come here for some advice and maybe comfort, there r different ways in telling someone a bad news :

 

[missmini]

no 1 knows whats cookin in the mind of the husband...i agree with the decision of CIC...why the quick marriage?

that's true....now it's her time to balance the relationship and make sure the genuine feelings r from both

 

[soldier313]

that's true....now it's her time to balance the relationship and make sure the genuine feelings r from both

i know how it is...It is now hard to apply as FSW...so these guys come on student visa and pick up Canadian Citizen chicks here...I am a citizen and been living here since 20 years...my coworker...he is an "Indian" on student visa....he tells me that these days he is trying to pick up a Canadian chick....he is going to marry her and then just let her go....

 

[madatito2000]

Fisrt of all iwould like to tell u that u must know that this visa office is one of most bad visa offices around world n it always 1000000% doubt about everybody and they doin that bcz what they faced n met durnig that past 10 years with the applicants starting with fake stories pics realationship till paying money 2some poeple who have ppr card or canadian citezenship with triple fake realationship so you need to put that point in your head Second thing isuggest u to use lawyer n here in that forum another thread about poeple who appeal so go join them they willbe verymuvh helpful third thing about how can u bulid good appeal u need to know that u must look at reasons of refusal n answer it n prove n explaine thats its wrong n not true for example isaw that they consider that urspouse married wz u bcz he want to come canada bcz he applied for student visa and according to what iuderstood thats not true bcz he applied for that after long pirod sine he got married wz u or meet u bcz if he did that before he ever met u then their doubt will true so for proving u can attach any copies prove dates different between both of events urmarriage n his applying for student visa so try to prove to the judge who will judge in ur appeal that all reasons isnt true
one really important more thing iwant to tell u about getting married after 7days ihop iunderstood u good .so iunderstood that after long realationship together online u decide 2meet eachother so u went china then after 7days from arriving u got married right?
If its .iwould like to tell u that is not bad sign or thing proof that itsnot true realationship and visa office is wronge n that poeple here who saying oh CIC IS right sorry its not
im Egyptian and i married mywife like that yes we still processing in our application but ican tell u i had friend who are same as me n he got PPR couple weaks ago n he didnt even take more than 8 month although CAIRO VISA OFFICE take officially accroding to what they wrote in cic.gc.ca its 15 months and the funny that his wife just only visited him just one poor time n for only 2weaks idare u that its same as what u said except that ur husband applied for student visa plus he is from chima plus the age n they didnt asked him for interview nothing no extra documents or proof nothin
i had another friend who meet his wife over 6years ago n his wife visited him 5times n in the first time they didnt got married and his application is so perfect i was helping doin it and he still in process n he went through interview month ago they didntrespond him till now and he couldnt join his wife bcz he was doing his military sevice for 3years so just trust urself put more proof evidences see why they refused u and defeat urself dont listen to negative voices

 

[canadianwoman]

Between now and the date of the appeal you will have time to gather proof your relationship is genuine. The appeal date might be a year or more from now, so you have lots of time.
Continue your relationship and gather evidence of all your contact: phone bills, letters of reference from friends and family, webcam pics, EMS receipts are all good evidence.
I suggest you go visit him for as long as you can. Do your best - this is not the time to try to save money. Every visit keep: your eticket and boarding passes, copies of your visa if needed and entry and exit stamps, hotel/restaurant/activity receipts (hotel with both your names on it) showing what you did while you visited him and that you actually were with him and not visiting someone else, lots of photos together and of both of you with friends and family. When you visit him, DO NOT go visit other people without him, because if you do the government lawyer will say you went to China to visit these other people, not him. Visiting relatives and friends WITH him, however, is good. You also have to prove your relationship is generally known by family and friends, especially since your parents didn't know you were married, so any proof you can get that others know about your marriage and consider it to be genuine is good.
You must show that your parents have now accepted your relationship. Have them and your husband develop a relationship of their own. If they cannot go to China to see him (try to get them to do so at some point during the waiting time for the appeal), at least have them talk to him on Skype or by phone. Document any contact they have.

How can we pursade IAD my husband comes to canada is because of me not study permit? Or what kind of evidence will be useful?

Any previous failed attempts to enter Canada (or other Western countries) can hurt a PR application. The visa officer thinks he wants to come to Canada as a PR so he can study with Canadian tuition rates, not the rates for foreigners.
So point out your husband applied for a study visa only after knowing you online for a long time. Document when your online relationship started, and stress that he applied for the study permits only because he thought it was a good way to get to know you in real life. If you have IMs or emails or whatever where you discussed this, show them and explain their significance. If you don't have this evidence, you will just have to explain at the appeal hearing about how his purpose was not really just to study in Canada - he wanted to come to Canada for you. Your husband will also have to talk about his motives at the appeal hearing.
1. Your marriage not following your culture: explain why you chose the type of ceremony you did. It is not necessary to have a traditional wedding or a big wedding, but in some countries the visa officer will consider it an issue. You must explain why.
Explain about your parents as you did here, and show that they now approve of the marriage (as discussed above).
You and he will have to explain why you decided to marry so quickly after meeting in real life. Your explanation here - that you felt you knew each other well after years together online - is fine.
2. Get proof of how long you have stayed with him. Don't stress about how the letter is wrong - mention that it is, but proving how long you did stay together is the important thing.
3. The judge also knows that tuition is lower for PRs than for foreigners on a study permit. Again, explain your husband wanted to come to see you, not just to study.
5. They ask the same questions over and over because they know this kind of stress can lead people to admit the truth if they are lying. Being rude is also quite common. The government lawyer and judge at the appeal may well be the same. You have to try to not get rattled. If they ask the same questions over and over, keep your answers the same. It is normal to get nervous and change your answer - but don't, because this will be seen as evidence you were lying.
At the appeal the judge does not usually believe people when they say the visa officer was rude, so I would not bother saying much about that. Just do your best to explain your situation.
6.The visa officer can refuse the PR visa if he/she thinks the applicant just wants to immigrate to Canada and is not in a genuine relationship. So those refused study visas are a red flag.

Really try to spend as much time with him as possible before the appeal date. This is the best evidence you will have that your relationship is real
If he has now graduated and started a job, this could also be seen as evidence that studying was not his primary concern when he applied for his PR through you.