Spousal sponsorship visa rejected

[Jewel]

My sister in law (living in Edmonton, Canada- PR since April, 2012) applied for her Bangladeshi husband through OutLand process around 1 year ago, initially application was sent to Mississauga and after approval this was forwarded to Singapore for further processing, her husband was called for interview on last month (May), immigration officer took more than 2 hours to verify everything and was asking lot of question, some of them really like insulting questions (why you got marry her? what is your intention ? even you got married why you should go to Canada? why your wife not coming back to BD ?) understand that immigration officer was not listening him properly and was asking supplementary question one after another, though the applicant had video CD with him of their marriage ceremony, additional photos, phone cards, Skype session history but she (immigration officer) did not feel interest to verify all those proofs and was asking why you do not have court marriage certificate ? the applicant only had notarized marriage certificates issued by religious priest which should be accepted but in this case she ignored that.
fyi, in Bangladesh usually, no court registered marriage happened for Hindus,Buddhist and Christian peoples.

Finally, we received a refusal letter on June 13 without showing any valid cause of visa refusal, they only mentioned the visa officer is not satisfied of the documents submitted to proof the relationship.

We strongly believe this the mistake of the visa officer dealt this file.

Do you have any idea why CIC behaved like this ? we are wondering how we should proceed now ? should we go for appeal by ourselves or through a lawyer ?

would appreciate your advise...

 

[scylla]

Join the appeals thread:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.7530.html

 

[mikeymyke]

My sister in law (living in Edmonton, Canada- PR since April, 2012) applied for her Bangladeshi husband through OutLand process around 1 year ago, initially application was sent to Mississauga and after approval this was forwarded to Singapore for further processing, her husband was called for interview on last month (May), immigration officer took more than 2 hours to verify everything and was asking lot of question, some of them really like insulting questions (why you got marry her? what is your intention ? even you got married why you should go to Canada? why your wife not coming back to BD ?) understand that immigration officer was not listening him properly and was asking supplementary question one after another, though the applicant had video CD with him of their marriage ceremony, additional photos, phone cards, Skype session history but she (immigration officer) did not feel interest to verify all those proofs and was asking why you do not have court marriage certificate ? the applicant only had notarized marriage certificates issued by religious priest which should be accepted but in this case she ignored that.
fyi, in Bangladesh usually, no court registered marriage happened for Hindus,Buddhist and Christian peoples.

Finally, we received a refusal letter on June 13 without showing any valid cause of visa refusal, they only mentioned the visa officer is not satisfied of the documents submitted to proof the relationship.

We strongly believe this the mistake of the visa officer dealt this file.

Do you have any idea why CIC behaved like this ? we are wondering how we should proceed now ? should we go for appeal by ourselves or through a lawyer ?

would appreciate your advise...

You should also get their side of the story as well. It's quite possible that maybe the husband just didn't answer their questions well enough. The questions they're asking might seem offensive, but it's only to see how genuine their marriage is. Those questions you mentioned, some of those can be difficult questions to answer, such as the "Why?" questions. But a question like why your sister in law didn't visit her husband, it would have to be a very good reason why.

Although there are times where the interviewer would be completely unreasonable, you should also get their side of the story also. I came across two people who have similar situation:

One guy had a wife who was refused at the interview, he says "How could they refuse? There probably isn't a more genuine marriage than ours". Then after he got the GCMS notes, he found out that the wife couldn't even describe what he does in Canada.

Another one had a woman sponsor her husband, he got refused, she got her GMCS notes to say that he also wasn't able to describe what she does in Canada.

 

[happydayagain]

The CIC does have to assess valid marriages. The sponsor in this case could have registered the marriage under the laws of the country.
But it is true that in general many marriages are not registered.
A first step is to go to the competent legal authorities and register the marriage.
The marriage once registered under the appropriate marriage law becomes a contract.
You can present this to the CIC at time of next interview.
Marriages performed in a ceremony such as a Confucian ceremony in South Korea is not legally binding.
The next step would be to go to the appropriate government office and register the marriage.
So lets say an Canadian married a Korean in Seoul under a Confucian ceremony.
Later the Korean applies to become a PR with an Canadian sponsor.
If the Canadian and Korean had not registered the marriage with the appropriate authorities they would not be deemed to be married under South Korean law.
And if they did not go to the Canadian Embassy with the Korean documents and register the marriage properly according to Canadian law then according to a Canadian CIC official the marriage is not valid.

So work on appropriate registration of the marriage in the country and then report it to the nearest Canadian embassy.

A marriage performed under certain religions may not be codified according to the law.

Like in the case of the Confucian wedding ceremony.
This would be true in other ceremonies where a wedding is I guess a sacrament rather than a contract.
You need to think contractually and get the marriage registered in that sense.
I just read a paper written in 1998 that states many weddings in Bangladesh are not registered but that
was written 18 years ago so a bit dated.

best wishes

 

[JJ416]

File your appeal. To file the appeal is usually an easy process and you can do it for yourself.

After you file the appeal, they will send you a huge package with Visa Officer's detail rejection reasoning.

You can then see what went wrong and if you can correct those errors, you will definetly win the appeal.

I have seen three rejections and two of them have been won without having to go full hearing. The third one is underway.

Good luck.

 

[Hasan9999]

My sister in law (living in Edmonton, Canada- PR since April, 2012) applied for her Bangladeshi husband through OutLand process around 1 year ago, initially application was sent to Mississauga and after approval this was forwarded to Singapore for further processing, her husband was called for interview on last month (May), immigration officer took more than 2 hours to verify everything and was asking lot of question, some of them really like insulting questions (why you got marry her? what is your intention ? even you got married why you should go to Canada? why your wife not coming back to BD ?) understand that immigration officer was not listening him properly and was asking supplementary question one after another, though the applicant had video CD with him of their marriage ceremony, additional photos, phone cards, Skype session history but she (immigration officer) did not feel interest to verify all those proofs and was asking why you do not have court marriage certificate ? the applicant only had notarized marriage certificates issued by religious priest which should be accepted but in this case she ignored that.
fyi, in Bangladesh usually, no court registered marriage happened for Hindus,Buddhist and Christian peoples.

Finally, we received a refusal letter on June 13 without showing any valid cause of visa refusal, they only mentioned the visa officer is not satisfied of the documents submitted to proof the relationship.

We strongly believe this the mistake of the visa officer dealt this file.

Do you have any idea why CIC behaved like this ? we are wondering how we should proceed now ? should we go for appeal by ourselves or through a lawyer ?

would appreciate your advise...

The appeal thread will be very helpful and so many applicants are getting good results.

1) Submit appeal through a competent lawyer within 30 days deadline.
2) Try for ADR instead of full hearing.
3) Prove by all means that the relationship is genuine.

Nothing to worry...if proper filing is done with all evidences she will definitely get a positive result.

Hasan