Re-apply

[CanadianJeepGuy]

Thank you so much, gladiateur19. I appreciate your help. Now I got one more question. Can Applicant change her/his mailing address to Sponsor's address? Because applicant lives in a remote village where the postal mail usually get lost. Visa office might send the package of evidences back to applicant with PPR.....and applicant might miss the mail. What is the best option in this type of cases? Please help. Thanks in advance.

I don't think the COPR can be sent to anyone other than the applicant. I would inquire whether it would be possible to pick up the COPR package at the embassy in person.

 

[singaporeVO]

I don't think the COPR can be sent to anyone other than the applicant. I would inquire whether it would be possible to pick up the COPR package at the embassy in person.

Hi CanadianJeepGuy: ohhhhh man, applicant has to fly 6 hours to get the COPR from Singapore.
Local embassy does not process immigration visas! So sad. Thank you.

 

[gladiateur19]

Thank you so much, gladiateur19. I appreciate your help. Now I got one more question. Can Applicant change her/his mailing address to Sponsor's address? Because applicant lives in a remote village where the postal mail usually get lost. Visa office might send the package of evidences back to applicant with PPR.....and applicant might miss the mail. What is the best option in this type of cases? Please help. Thanks in advance.

i dont think that's possible,,,you should think of another option...i really hope nothing get lost

 

[steerpike]

Appeal is better because it is 99% sure to succeed. They dont deny appeals unless there is a serious unredeemable problem, like for example you are already married to someone else and not divorced and marry a second person and try to sponsor both of them as your spouses. That wont succeed on appeal because its crazy.

 

[gladiateur19]

Appeal is better because it is 99% sure to succeed. They dont deny appeals unless there is a serious unredeemable problem, like for example you are already married to someone else and not divorced and marry a second person and try to sponsor both of them as your spouses. That wont succeed on appeal because its crazy.

no that's not true,that's not the only reasons,,,if the judge can't be convinced that the marriage is genuine,the appeal could be dismissed,,,http://www.canlii.org/en/index.html
you can try that your self,,,just put spousal sponsorship appeal dismissed and do search and you will see the real stories

 

[steerpike]

no that's not true,that's not the only reasons,,,if the judge can't be convinced that the marriage is genuine,the appeal could be dismissed,,,http://www.canlii.org/en/index.html
you can try that your self,,,just put spousal sponsorship appeal dismissed and do search and you will see the real stories

Judges are much much more accepting of any evidence of genuine relationship. The cases of appeals being dismissed are almost always because there were serious problems with qualifying as a sponsor.

Basically, if you cant win on appeal you will never be accepted by reapplying (unless the situation has changed).

But if you dont appeal and just apply again, your case will be looked at by a VO not a judge and a VO is much more likely to deny an application based on a vague feeling that the marriage may not be genuine.

 

[CanadianJeepGuy]

Judges are much much more accepting of any evidence of genuine relationship. The cases of appeals being dismissed are almost always because there were serious problems with qualifying as a sponsor.

Basically, if you cant win on appeal you will never be accepted by reapplying (unless the situation has changed).

But if you dont appeal and just apply again, your case will be looked at by a VO not a judge and a VO is much more likely to deny an application based on a vague feeling that the marriage may not be genuine.

This is true I believe. A judge has to render a judgement based on facts whereas a VO can make decisions from a visceral perspective.

 

[Mrs. Hope]

Thanks guys! I talked to the lawyer and he advised me to re-apply instead because if I am going to appeal it will take 2 years and need to spend a lot of money. I'm a christian and my husband is a Hindu but I converted to Hindu before we get married in their religion.But the VO wasn't convinced that our marriage certificate is valid because when he asked my husband if I am following the Hindu religion here in Canada or the Christian religion,of course my husband didn't lied to him and told him that I am following Christian for now cuz I am new in this religion and I am waiting for my husband to come to Canada and guide me in this new religion.The VO told my husband to write in a piece of paper saying that I am Hindu and my wife is following Christian,which make our certificate invalid cuz in Hindu marriage Act Christian can't get married to Hindu.That's the evidence he had have to issue as a refusal letter,which is for me its ridiculuos, he got denied just because I didn't go to temple here or practicing the new religion.So i went back to India and get married again.
I hope everything will be ok this time.

Thanks guys for the advised!

 

[Abe1004]

Thanks guys! I talked to the lawyer and he advised me to re-apply instead because if I am going to appeal it will take 2 years and need to spend a lot of money. I'm a christian and my husband is a Hindu but I converted to Hindu before we get married in their religion.But the VO wasn't convinced that our marriage certificate is valid because when he asked my husband if I am following the Hindu religion here in Canada or the Christian religion,of course my husband didn't lied to him and told him that I am following Christian for now cuz I am new in this religion and I am waiting for my husband to come to Canada and guide me in this new religion.The VO told my husband to write in a piece of paper saying that I am Hindu and my wife is following Christian,which make our certificate invalid cuz in Hindu marriage Act Christian can't get married to Hindu.That's the evidence he had have to issue as a refusal letter,which is for me its ridiculuos, he got denied just because I didn't go to temple here or practicing the new religion.So i went back to India and get married again.
I hope everything will be ok this time.

Thanks guys for the advised!

I dont think VO has a right to judge your marriage based on the your religious status. In the end of the day, its not the religious but the lawful aspect of it, that matters. Simply put, if you had to convert in order to register your marriage, that should be proof enough for the VO. People dont convert from their faith unless they really love someone (or so I want to believe). I personally wouldn't do it for sake of marriage either (but thats me and I am not judging you).

Either way I feel like you should appeal rather than re-apply, because unless something changes about your "religious status" I feel like you may get denied again based on old history CIC will possess, but if lawyer says to re-apply then do so.

 

[keesio]

man... they refused the OP on some wording technically. That is rough...

 

[Melisaa]

Hi,

I'd also say appeal. I know it takes so much time and money, but I think you'll have a better chance of approval. Since your first application and the new one you are preparing, technically nothing have changed. You were married and you are still married. So the new officer might think the same. Honestly the officer's decision was really akward and even beyond the limits, so I think you'll have a successfull appeal. You might not need to go for a full hearing since your situation is pretty straightforward. In this case you'll have a much faster appeal.

I know your lawyer said to re apply. No offence, but most immigration lawyers are useless, including the one I had before. Basically he was a major reason my old application got denied by giving me wrong information...and now I don't trust any lawyer, and decided to do everything on my own for my new app.

I'd say talk to other experts about this before making a decision. Perhaps different lawyers. Personally I found some of this forum users a lot more helpful than those expensive lawyers. Try asking PMM or Leon who are experts here in this forum. Good luck.

 

[Melisaa]

I agree with above posters. Judges are a lot more understanding. You'll have a chance to tell your story in details. Whereas Officers only go through papers and sometimes rely on their feelings. They use whatever information available in front of them.