Need Help On Spousal Sponsorship! Very Critical Situation

[user786]

OK, I need suggestions on a very critical situation related to Spousal sponsorship , I know a girl she is a Canadian citizen.She sponsored her husband , he got interview letter they both went on the interview and Were asked interview questions one by one .......... because of mismatching on the answers they got refusal letter....... they appealed........ when she came back to Canada, she found out that she is pregnant from her ex boy friend not from her husband .... she gave birth to the baby without telling the truth to anyone and even didn't disclosed to immigration .... now the problem is the that the hearing date is coming near and lawyer is suggesting that she could be in trouble if immigration blamed her for misrepresenting herself and hiding the fact that whose the father of her child ........ that she should think about to go on the hearing ........ So now i want know what she should do go on the hearing or not and if not when she will reapply what should they do to solve out the case, Your suggestions can help her to settle her life .......... Thank you friends.

 

[canadianwoman]

If it is obvious from the timing that the baby could not be her husband's biological child, she will have trouble both at an appeal and if she reapplies.

If it is not obvious, then the question of who the father actually is may never come up at the appeal, in which case they could win the appeal.

 

[Leon]

She would not be in trouble. She is a Canadian citizen and there is no law against marriage fraud in Canada. Not that I know for sure if this is marriage fraud or not but it sounds like she cheated on the husband she is trying to sponsor with her ex boyfriend which doesn't make it sound like she is really devoted to her husband.

If immigration discovers that she lied about the paternity of the child, they can not really blame her husband because he probably does not know but this will mean that they see the marriage as a fake on the behalf of the wife and will deny their appeal.

Another thing, if it really were their baby, they would offer immigration proof of the baby as additional proof that their relationship is real. If they don't do that, immigration may be suspicious and if they do, they risk that immigration will say fine, lets do a paternity test then. Especially if the baby looks nothing like her husband. So who does the baby look like? Are both men similar in race and looks to the point that you can not tell? Could the husband possibly be the father?

 

[user786]

She has not went on appeal , What should she do next to avoid complications ......?

 

[canadianwoman]

She can reapply, but will have to explain why she abandoned the appeal. Saying she thought reapplying would end up being faster might be enough.
She will have to submit a lot of proof that her marriage is genuine. Is it? Does her husband know he is not the father of her child? They should also submit a lot of proof that the applicant is involved in the child's life. Just hope the visa officer does not ask for a DNA test.

 

[PMM]

Hi

She can reapply, but will have to explain why she abandoned the appeal. Saying she thought reapplying would end up being faster might be enough.
She will have to submit a lot of proof that her marriage is genuine. Is it? Does her husband know he is not the father of her child? They should also submit a lot of proof that the applicant is involved in the child's life. Just hope the visa officer does not ask for a DNA test.

or invoke res judicata

 

[HoneyBird]

whose name is on the birth certificate for the father? thats the crucial problem if they ask for the birth certificate.

 

[user786]

Not sure but May be she can give the birth certificate without parental information !!! ?

 

[Baloo]

Not sure but May be she can give the birth certificate without parental information !!! ?

Misrepresentation, not good.

 

[user786]

Before this appeal date Lawyer was saying that on the online status ..... one dependency is being shown..... is it possible that they gained any info about baby or what should be the info or how much .... any idea !!!