SPONSORSHIP FAMILY CLASS GOT DENIED BY Alternative Dispute resolution!

[Jan22345]

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 bullshit!! 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!!!!!

 

[tabbru]

Your story isn't clear. Why would they charge you for misrepresentation?

 

[scylla]

Unfortunately it's quite normal to be refused for a visitor visa/TRV if you have a spouse in Canada. I wouldn't bother applying again.

I would focus on your appeal and would suggest you join the discussions in the appeals thread of this forum:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.1680.html

 

[tabbru]

My husband is a PR and I was granted TRV last year (multiple entry). I was able to visit him for six weeks.

Although yeah, I've heard that many have been denied visa. I am just curious about the 'misrepresentation' thing.

 

[Catou]

My husband is a PR and I was granted TRV last year (multiple entry). I was able to visit him for six weeks.

Although yeah, I've heard that many have been denied visa. I am just curious about the 'misrepresentation' thing.

Maybe she didn't tell them that she had a husband in Canada? Applying for a tourist visa without saying you are married to a Canadian and intend to visit your husband *could* be seen as misrepresentation. I don't know - just guessing from what the OP has written.

 

[Rob_TO]

Maybe she didn't tell them that she had a husband in Canada? Applying for a tourist visa without saying you are married to a Canadian and intend to visit your husband *could* be seen as misrepresentation. I don't know - just guessing from what the OP has written.

The misrepresentation seems to be because they applied for a tourist visa, and were denied but never received an actual denial letter, just their passport back with no visa attached to it. So I assume they answered "no" to the the question on if you've ever been rejected for a travel visa since they never got a denial... but they actually were denied to should have answered "yes". Hence the misrepresentation accusation.

 

[truesmile]

That is my understanding of reading her story also.

 

[Jan22345]

To make my story more clear so..
I applied for Tourist Visa because my husband was my bf at that period of time...he send me an Invitation letter and I never lied about my intentions coming to Canada on a application form. We were planing to get married when I would come to visit him!! As Canada doesn't give much choice like other countries to be with your loved one! ( NO FIANCE VISA)
So the problem with a Canadian Embassy in Kiev was that they said by the rules it will take only 21 day for them to review applications for tourist visa. Me and my husband were waiting for almost 4 month....and they never contact me or anything. I decided that I want to withdraw my case because I could not do anything or go anywhere as they had and kept my passport for all 5 month.....! When I requested to give it back to me...they refused to do so...because they told me on a phone until the final decision will be made u can not get your passport back! I thought this is ridiculous!
So my husband ( bf at that time) called the Embassy in Kiev and request to withdraw my case because it was getting out of control.
A week later I received my passport back with no visa and no reject letter or anything..just my receipt attached that I paid for that visa.

Apparently this was not over...So as I got my passport back and I already had a Tourist visa to USA. So we decided to get married in USA (because trying to get a visa to Canada was not successful at all) We got married on July 2, 2012. And in August our lawyer submit our application. 9 month letter after receiving reject for Sponsorship Visa Application, Canadian Embassy in Kiev send to my parents house a telegram.. It is says there YOUR DOCUMENTS ARE READY! PLEASE PICK THEM UP. I was absolutely devastating I call my lawyer right away and he said that this is very weird! As I was still living in a states ( so at least my husband could visit me once in a week) my parents have to go and picked it up from the Delivery office! The lady who is working there said to my father that they have this envelope here for about 6 month!!!!!! And they said Ohh we could not deliver because your address was incorrect!!!! I could not believe in that!!! ( the question is and still I am asking them how did they deliver this stupid telegram then...) that was not all....
On the envelope it says that it is include documents and one passport!!! My dad said to the lady right away like how can you have my daughter passport if she left the country 10 month ago!!! ! The lady in the office claimed that she doesn't know anything! After all the date on the ENVELOPE was 15 of June 2012!!! And when we open the envelope there was no passport of course but the reject letter charged with misrepresentation DATED 3 of SEPTEMBER 2012!!!! How come letter dated 3 of September 2012 was in the Envelope dated June 15 2012!!!
They said that they are charging me with misrap because the job I put on my Tourist Visa application was not valid!! and because of that they also reject our Sponsorship Application! I have no respect or other words to say for what Canadian officer in Kiev did to me and my husband as I truly work at that job I put on and I had all the evidence!!! But still can not get help from anyone...like I mentioned MP never replied to our letters!!

 

[Jan22345]

Your story isn't clear. Why would they charge you for misrepresentation?

Because I applied for Tourist Visa before ( when my husband was my bf at that time) we wanted to get married in Canada when I would come to visit him.
But they charged me with injustice misrap because of one of the jobs I have put on on my Tourist visa application! ( and because of that they also reject our Sponsorship Application.

 

[tabbru]

Because I applied for Tourist Visa before ( when my husband was my bf at that time) we wanted to get married in Canada when I would come to visit him.
But they charged me with injustice misrap because of one of the jobs I have put on on my Tourist visa application! ( and because of that they also reject our Sponsorship Application.

So basically there is inconsistency between the job history that you put in your TRV application and PR application. I wonder if the discrepancy is really that "serious." If you can be more specific probably we'd understand. May we know exactly what type of job is in question here?

 

[Jan22345]

So basically there is inconsistency between the job history that you put in your TRV application and PR application. I wonder if the discrepancy is really that "serious." If you can be more specific probably we'd understand. May we know exactly what type of job is in question here?

I was hired to do an administrative job for the restaurant,but the restaurant was still in the stage of opening...I help to do the promotion part and other things. So in end of this all...the Embassy never contact my boss...but they told me that they talk to someone else and they don't give a name of that person...and that person apparent by their words said that she or he don't know me....that's why they decided to charge me with misrap on my Tourist visa and than automatically gave me reject for Sponsorship Family Class for 2 years!

 

[scrls5]

I was hired to do an administrative job for the restaurant,but the restaurant was still in the stage of opening...I help to do the promotion part and other things. So in end of this all...the Embassy never contact my boss...but they told me that they talk to someone else and they don't give a name of that person...and that person apparent by their words said that she or he don't know me....that's why they decided to charge me with misrap on my Tourist visa and than automatically gave me reject for Sponsorship Family Class for 2 years!

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.

 

[Becki567]

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.

 

[nervousme]

Unfortunately it's quite normal to be refused for a visitor visa/TRV if you have a spouse in Canada. I wouldn't bother applying again.

I would focus on your appeal and would suggest you join the discussions in the appeals thread of this forum:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.1680.html

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.

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

 

[Catou]

@nervousme - I'm so sorry that you are having this experience. This thread is probably not the best one for you - I suggest you copy your post over to the spousal appeals thread: http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html
It will get seen there by people who are going through similar situations to yours and you are likely to get better help there. Luckily for you, your situation is very different to the situation being experienced by the person who started this particular thread.