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SPONSORSHIP FAMILY CLASS GOT DENIED BY Alternative Dispute resolution!

Jan22345

Newbie
Oct 21, 2013
8
0
Becki567 said:
Just being honest here but there are some strange things about your story.

I imagine it would be a red flag to the CIC two people getting married in a third country that neither of them lives in after a tourist visa was rejected. Had you met your husband in person before this marriage?

The other strange thing from your story is that your dad says you left the country 10 months ago. And you say you applied for a tourist visa to the USA but are now living there so your husband can visit. Is that not overstaying your visa? A tourist visa isn't supposed to be for the person to continue living in that country. That is the reason most TRV's are rejected when the person is married (or intends to marry) a Canadian.
Me and my husband know each other for more than 4 years. I was on a work and study permit for 2 years in Vancouver. And we don't have a problem to prove that we know each other that long. Also I didn't have a problem with USA visa because I applied for extension of my stay after 6 month.
We applied for Tourist visa again from USA to Canada just because we were advised to do so from the Immigration lady who is working for MP in BC. She said to us should not be a problem and that she will follow up with a call to the Canadian Embassy in LA...but they lied again and I got another reject 3 month later. So there is no justice in my case...and it is all started from the unfair decision in my case!
 

Jan22345

Newbie
Oct 21, 2013
8
0
nervousme said:
1 Immigration Topics / Family Class Sponsorship / Appeal due to sponsorhip refusal help please on: October 24, 2013, 11:54:52 pm

I was hoping someone could shed some light on my case.
We received a refusal letter on the 29th of September, due to the fact that the representative (an immigration consultant) that we were using did not submit some documentation after we had signed it not once but twice. We did remove her as our representative before we got the refusal letter but had no idea that this documentation was outstanding. anyhow I have lots of proof to back our end except the receipt that she indeed did send the requested documentation.
I just sent an appeal to Vegreville today and am wondering what will happen next and how long it will take to hear anything back?

The schedule A background check is what was missing. It asks for info about prior work history. We though she sent it twice. We have the copies we signed and they are different looking because the one we signed in December was an older version, the second time we signed I believe is an updates form.



In my case it took 120 days for Alternative Dispute Resolution...and after they made decision: to let you through or schedule a full hearing which will take to wait for about 8 - 12 month if they want to challenge something.

The reason for refusal was not due to our relationship so I am wondering if we have any chances.
I am furious with the Immigration Consultant and cant even begin to describe the nerves I feel. Any help form anyone please!!!
Thank you all so much in advance. This forum really is helpful and a great support for one another. Glad I found it.
This is the first post I am posting and I don't even know if I am doing this correctly.Any assistance is greatly appreciated
 

POLICAP

Star Member
Mar 6, 2012
136
4
Jan22345 said:
It is been for about 2 years that my husband (who is Canadian born) and I ( I am Ukrainian) fighting against immigration system to be together!!
We tried everything we could going from lawyers to MP , from MP to the Main Immigration Lady ( who is working for MP).
There was absolutely no support from anyone!!! They all don't care about our situation and they all take each others sides! (Wrote 2 letters to MP- no reply at all!)
The Canadian Embassy in Kiev never send me a formal denial letter on a date they said so for Tourist visa...as a result not knowing anything they charge me with misrepresentation after we applied for Family Sponsorship Application. It was a shocking news!
We got all the evidence how Canadian Embassy in Kiev lied for what they did! After all the stress we applied right away for appeal and my husband parents had a chance to talk to a Lady who is working on Immigration cases she said that the case is easy and she will be able to help us because husband and wife should be together! After all it was all bull*censored word*!! She told me to apply again for Tourist visa so I could at least visit my husband.
But in the end after 3 month waiting we got another denial letter from the Embassy. This time they said because I am married to Canadian they think that I will overstay...!! What a ridiculous reason!!!!! They simply are trying to break our family apart! WHY FAMILY SHOULD BE SEPARATED? It is not fear that on injustice grounds we can not be together yet we are legally married!!! So after all...3 month later we got another bad news as a denial letter from Alternative Dispute Resolution..now they said that they want to challenge our marriage and go to a full hearing which we have to wait another year!!!!!!!!!!
I can't stop my tears and I only left with a prayers each day so one day I could finally be with my husband!!!!!!

Jan 31 - 2012 - Applied for Tourist Visa at the Canadian Embassy in Kiev (Ukraine)
June 15-2012- Received my passport with no visa stamped and no denial letter
August 25 -2012- Applied for Sponsorship Family Class Application
November 27-2012- Husband approved to sponsor me
April 19-2013- I received letter of rejection for Sponsorship Family Class Aplication
April 21-2013- Received another reject letter -charged with misrepresentation from tourist visa ( which I applied on Jan 31,2012)
April 31- 2013- Applied for Appeal
May 1-2013- Ask the Embassy to send our case
June 18 2013- Applied for Tourist Visa ( as Immigrationa lady told us who is working for MP)
August 1 2013- Received Reject for Tourist visa
October 15-2013 - Reject from Alternative Dispute Resolution.
October 16-2013 Applied for Full hearing
WAITING >>>WAITING...no end of this.....Please help!!!!!

I will strongly advise that you get FOSS Notes.
 

Jan22345

Newbie
Oct 21, 2013
8
0
scrls5 said:
Wow, I'm deeply sorry for this. Have you ordered your GCMS notes? they might contain more information that could help you in your case.
Thank you, yes our lawyer got everything.. He is still surprising himself that they did that!
So me and my husband decided that because we can not get any help from anyone....we are thinking to take them to court!
This can not go like this anymore...
 

canadianwoman

VIP Member
Nov 6, 2009
6,211
291
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
I have read many, many appeal decisions. This is my advice based on that and on my own appeal.
1. The appeal judge usually does not believe the sponsor and applicant when they start complaining about how they were mistreated by people in the visa office. My advice is do not even bother talking about this. Anything you have to mention to tell your story, do so in a neutral way. Your case is very upsetting and stressful, but talking like you are here in court will not help you.
2. Get proof of anything you say. You should be able to get some proof that you were working where you said you were; at least an affidavit from the boss or a coworker.
3. Is the appeal because of the misrepresentation? Or is it also because they do not believe your relationship is genuine? If it is both, get evidence for both, and present both aspects separately and clearly. That is, prove you did not misrepresent yourself in the TRV application - again, an affidavit from your boss may be enough. Then present proof that your relationship is genuine. It sounds like you have a lot of that type of evidence.
4. The MP assistant who suggested you apply for another TRV did not do anything wrong (unless I am missing something). This was a valid suggestion, which unfortunately did not work out in your case. It is also irrelevant to your appeal. At the appeal, if you are asked why you applied for another TRV, you can say because you really wanted to see your husband. You can also mention that an assistant to your MP suggested it might work out this time - but you could also omit this. Applying for another TRV is OK, but you should be clear that the reason was so you could visit your husband.
5. I do not know who you were thinking of taking to court, but it will be a big waste of time and money. (Especially if you were thinking of suing embassy staff.) Concentrate on preparing your appeal.
 

Jan22345

Newbie
Oct 21, 2013
8
0
canadianwoman said:
I have read many, many appeal decisions. This is my advice based on that and on my own appeal.
1. The appeal judge usually does not believe the sponsor and applicant when they start complaining about how they were mistreated by people in the visa office. My advice is do not even bother talking about this. Anything you have to mention to tell your story, do so in a neutral way. Your case is very upsetting and stressful, but talking like you are here in court will not help you.
2. Get proof of anything you say. You should be able to get some proof that you were working where you said you were; at least an affidavit from the boss or a coworker.
3. Is the appeal because of the misrepresentation? Or is it also because they do not believe your relationship is genuine? If it is both, get evidence for both, and present both aspects separately and clearly. That is, prove you did not misrepresent yourself in the TRV application - again, an affidavit from your boss may be enough. Then present proof that your relationship is genuine. It sounds like you have a lot of that type of evidence.
4. The MP assistant who suggested you apply for another TRV did not do anything wrong (unless I am missing something). This was a valid suggestion, which unfortunately did not work out in your case. It is also irrelevant to your appeal. At the appeal, if you are asked why you applied for another TRV, you can say because you really wanted to see your husband. You can also mention that an assistant to your MP suggested it might work out this time - but you could also omit this. Applying for another TRV is OK, but you should be clear that the reason was so you could visit your husband.
5. I do not know who you were thinking of taking to court, but it will be a big waste of time and money. (Especially if you were thinking of suing embassy staff.) Concentrate on preparing your appeal.

Thank you so much for your advice! I will take it into consideration!!!