Replying to Visa Office Objection (Spouse' visa)

[Sumbul]

Dear All,

I have applied for immigration to Canada on the basis of Family Class Sponsorship. I got married to my cousin (Canadian citizen) last year. At the time only Nikah was done and not the Rukhsati. My husband left for Canada to continue his job and we initiated the Immigration process. We planned for Rukhsati after obtaining the immigration visa. Now that around a year has passed since then, I received a letter which quotes:

'"Dear applicant this refers to your application for permanent residence in Canada. Your application for permanent residence visa has been reviewed based on the information provided with your application. It appears that you may not meet the requirement of section IV, of the regulations.

You and your sponsor got engaged on 20th June 2001. You stated that you have been maintaining your relationship through chatting, email and phone. Your marriage ceremony was held on 1st January 2009 and sponsor returned to Canada on 12th January 2009 without Rukhsati being held. You have stated that your Rukhsati will not take place until your immigrant visa is issued. Please advise what plans you and your sponsor have if your immigrant visa is not approved. Please advise if your sponsor has visited you since 12th January 2009. At this time it appears that your marriage is not genuine and was entered primarily for the purpose of acquiring status and privilege under the act.

You are being given an opportunity to respond to these concerns and provide any further information within 45 days from the date writing at the top of the letter....If you do not respond to this request within the time outlined above a decision will be made based on the information included with your application at that time which may result in the refusal of your application."


This letter is quite a shock for me and for the entire family. We referred some immigration lawyers who have suggested us the following:

1) 'To plan Rukhsati within 45 days and provide the evidences (tickets, ceremony photo shoots etc).'

2) 'To appeal for a stay to increase the deadline period of providing evidence.'

3) 'To withdraw the application and re-apply after Rukhsati.'


So given the above mentioned scenario, please guide me with your experience/ knowledge about which option to go for? In case we decide to withdraw the application will it affect my chances of getting a visa next time we apply?

Thanks.

 

[iarblue]

Well did he revisit you since JAN 12th?And i assume that the Rukhsati is the most formal of the ceremonies in your culture?And you may have shot yourself in the foot when you stated to them that the Rukhsati would not happen until you got the visa.
Now you need to prove your love to eachother more than before,so thats what you need to do.Cancelling the app and then doing it again after the Rukhsati may make them look at it more that your are really doing it for the visa.
Can we ask why you are waiting to do the Rukhsati?Why you didnt do it their when he was there?
Thats what they are wondering why it was not done if he was there for two weeks and you didnt do it.I dont think they will increase a time for you to provide evidence but you can try if you like.
So i think rushing the ceremony now will not help as they may see that you rushed it just for the visa,withdraw and reapply your old app will be a reference to them,and appeal for more time they likely wont as they are just asking you to reply to their letter as to why this was not done.
If he did visit since Jan that would be your best defence if he didnt then i have no idea what you might do to help,maybe someone else does.

 

[Sumbul]

Thanks!

The Rukhsati in our culture is the ceremony after which Bride moves to Groom's residence permanently. As my Husband didn't have residence in our homeland so we decided to celebrate this ceremony once I get the immigration and then move to his place in Canada Permanently.

He didn't revisit since Jan 12 because of some work commitments, but his father did visit our place in March to make plans for the event. The plan was that their whole family would visit for the function after I get the immigration which I mentioned in my application.

Now that they have such reservations against our relation so it seems that Rukhsati has to be performed soon which might support my relationship. For Rukhsati we have two options:

1) Either my husband family visit within 45 days?
2) Or we may inform that we will perform Rukhsati in December as planned before?

Which option is more suitable?

Please tell me that once we provide them all the plans that we have and based on that they make a decision and if it results in refusal, then can we appeal against the decision?

 

[RobsLuv]

Yes, you can appeal - but it's a long process and quite expensive. To be honest, I can see why the immigration officer has doubts about your "genuine" relationship. What the officer wrote indicates that they believe that during the 7+ years you were engaged, you never saw your husband-to-be and only communicated by phone or online. When he came to your country to marry you, he stayed for a total of 11 days and then left again - and you haven't seen him since. This is all very strong evidence of a marriage of convenience - only entered into so that you can immigrate to Canada, even without the complication of one of the important cultural parts of your marriage ceremony not being completed.

Now, it could make sense that you thought to have the Rukhsati ceremony after you could actually move from your home into your husband's residence - which you were prevented from doing because you can't go to Canada until you have a permanent resident visa and that's where his residence is (and he is required to be there in order to be eligible to sponsor you). This could be a good explanation, however, even though the letter asks for your explanation of why you did not complete the Rukhsati ceremony, you're trying to avoid giving what might be a reasonable explanation and, instead, rushing the ceremony within the 45 days so you can say you did it. That's really not the issue - and what would that say about your reasons for not doing the Rukhsati in the first place? It doesn't make them seem very legitimate. You still cannot move into your husband's residence.

So, IMHO, having the ceremony now is not going to convince the officer assessing your application that yours is a genuine relationship. Honestly, I don't know how you should handle it - but if you are truly a genuine couple, the two of you should be able to find a way to demonstrate that without abandoning your plan to experience your ceremony in a way that honours what you say is important to you . . . important enough to put it off until later . . . you moving into your Groom's residence and establishing your marriage.

 

[iarblue]

Yeah i think Robs is right your going to have a hard way to change their feelings about the app now.But all you can do right now is write them a letter explain the whole situation,The lack of him coming to see you over the seven year period is going to be hard.
I can suggest one thing to you.It might not be what you want it to be but it will be quicker than an appeal.Withdraw the app or write the letter and see what happens.One it is refused or you withdraw then reapply but you both need to make better decisions this time.You cant get here to perform the ceremony so your going to have to figure out a way to do it without coming here.He is going to have to visit again and do things that prove your case stronger.
To be honest if this is what you sent in as an app that you have been engaged for 7 years he comes to see you once and then leaves right after he marries you,and applies,they were well in the lines it was a marriage of convience.Maybe its not,but were not the ones you needed to convince.
Sorry but when you put your app together and put yourself in their shoes and ask yourself would you believe the app if it look like that?