Spousal visa rejection needs help

[scylla]

No maybe am not being understood. She will be coming back in 2 weeks it’s ok to be here for 7 to 8 months permanently i already secured her a residence permit based on our marriage here. Am simple asking if staying with me for that long say maybe 1 year can overcome that thinking that it’s for immigration purposes only. During this 2 years we have had a trip to Dubai, Tanzania. We also working on a start up here . So is appealing the decision a wise one or we wait and reapply from scratch because i think the burden is to proof the relationship was not entered too for immigration purposes only considering my immigration history

I don't think any of us here can advise you on whether it's better to submit a new application or appeal. That's really a personal choice. if you want advice on which is better, I think that's a conversation you should have with an immigration lawyer. Good luck.

 

[armoured]

It’s worth mentioning at the end of interview she said she believes our relationship was genuine but she is concerned it’s for the purpose of immigration benefits giving my previous history

Ok thanks for the information. I think the issue here is about immigration intent not how genuine maybe am wrong but it does say she does not believe I didn’t enter the relationship just for immigration benefits. Any information would be helpful we have 30 days to appeal so we don’t know our options if we appeal or just start new application maybe after a year or 8 months

These statements that you claim the officer made during hte interview are not really consistent with the refusal (IMO). Were you both together in the same room for the interview? And heard the same comment? This may be a matter of precise wording, not what you interpreted the officer meant.

When was the interview? Was this before your spouse's longer visit of several months? When did you submit the original application?

You don't specify but my hunch is that the start of your relationship (the first year etc before the five month stay) was thin. Did you meet online? How many times had you met and spent time together before you submitted the application?

I also have no idea whether better to appeal or apply anew. Again my hunch is that the application was mostly evaluated on basis of the first (thinner) part of your relationship history, where it would be easier to conclude that you sought out the relationship for immigration purposes.

But I'm reading between the lines of the history that leaves out a lot. I don't rule out they had other information I don't know about.

You could consider ordering GCMS notes.

 

[steaky]

N

Not sure if I understand the meaning of 4 to 5 calendar month. If you mean it she can stay permanently for 4 to 5 months ? If that’s the case she would be here from January 20 to September 2025

No, you said "it’s ok to be here for 7 to 8 months permanently". What about the remaining 4 to 5 calendar months? Why is it not okay for her to be with you permanently for the remaining 4 to 5 calendar months? So in this case, why she cannot be with you from September to December 2025?

 

[armoured]

No, you said "it’s ok to be here for 7 to 8 months permanently". What about the remaining 4 to 5 calendar months? Why is it not okay for her to be with you permanently for the remaining 4 to 5 calendar months? So in this case, why she cannot be with you from September to December 2025?

Why do you think 12 months is critical compared to, say, 8 months? Honest question.

This isn't a common law issue of min 12 months.

 

[canuck78]

Am sad but optimistic

brief history of my case
Married an American before and divorced her after 4 years
Seeked refugee status in USA and was denied
Now married to a Canadian two years now.
She has visited 4 times and last time spend 5 months

but our application got rejected. They asked for an Interview in the Ghana embassy after which the letter said it she believes it was entered for immigration purpose and given us 30 days to apeal . Any suggestions?

Assume you mean the Canadian embassy in Ghana. Were you deported from the US and when? What is the timeline from your asylum claim, deportation and when you started corresponding with your Canadian wife? When did you get married on this timeline? Were the visits all to Ghana or to the US as well? Are there are other red flags when it comes to your relationship status? Age differences? Different religions? Differences in education levels? How is your wife supporting herself?

 

[canuck78]

Just as an FYI I assume your spouse is aware that she must meet a residency obligation in order to be entitled to access healthcare in her province. A valid health card does not mean she is entitled to free public healthcare. If she wants to access healthcare in Canada in the near future she needs to look into how much time she can spend abroad.