Spousal visa rejection needs help

[kingsley99]

I do not understand your question, really. As far as I'm aware, as I hinted before, the genuine relationship is usually sufficient answer to rebut the 'entered into for immigration status.' I beleive they decided your relationship was NOT genuine.

That doesn't mean that living together now / new app IS proof that [both those things]. But it has a better chance now that there is new information that wasnt in the first app.



I make a big distinction, as I think the lawyer is, between an appeal vs a new application. And I think the info was helpful, even if you did not recognize it.

Most appeals, I believe, do not succeed (i.e. the 20% figure).

Your immigration history WHEN THE OFFICER CONSIDERED IT didn't include all the time you spent together. (This was my point is that on appeal, they COULD decide the decision was correct when the officer made it. Which would basically be telling you that you MIGHT be successful with a new app.)

While you can't 'clean' that history, the time together that you now have/are in process of establishing with spouse living with you is - I think - an answer to the genuine relationship (and hence immigration purposes).

Therefore - as it seems your lawyer was telling you - a new application is preferable.

This isn't a guarantee, it's not certain, etc. (And it's my opinion, although it doesn't sound that different from lawyer).

One question: did your lawyer offer a service of helping with a new application (no appeal), and if so, at what cost?

That’s nice

during the consultation with the lawyer he said we have to decide if want to appeal or not but the chance is 20% giving that the findings is about immigration status and now how genuine the relationship is. So we asked what other options and if we could file a new application he said if we do the findings would still be there and the new application would result in same decision.
I asked him does it mean we can’t live together in Canada or what does that mean he said is my wife willing to move to another country with me ? But we didn’t understand why he asked that .
he said 6000$ is his fees and he can do the appeal for us .

 

[steaky]

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.

Why do you think spending over $6000 in lawyers fee is the solution? Honest question. Yet, you didn't know OP's question. Not sure why you even replied.

12 months together is a more cheaper solution..

 

[kingsley99]

Why do you think spending over $6000 in lawyers fee is the solution? Honest question.

12 months together is a more cheaper.

Exactly what my wife said . 6000$ for something he says 20% is risky besides if rejected again it adds to the complexity. So we wanted to be sure which route we can follow and to proof that the relationship though genuine, was not entered for immigration status .

 

[steaky]

Exactly what my wife said . 6000$ for something he says 20% is risky besides if rejected again it adds to the complexity. So we wanted to be sure which route we can follow and to proof that the relationship though genuine, was not entered for immigration status .

Listen to your wife. $6000 + is not worth. 12 months together is a cheaper solution.

 

[armoured]

Why do you think spending over $6000 in lawyers fee is the solution? Honest question. Yet, you didn't know OP's question. Not sure why you even replied.

12 months together is a more cheaper solution..

I don't think the $6000 is the answer and did not say it was. Dont' understand your q about the 'OP's question.'

Simple question to you: is there something specific about 12 months vs 10 or 11 or 9? Why 12 months specifically. This isn't an attack, I just don't get what you're getting at.

are you saying that 12 months is in fact the solution, i.e. that 12 months will result in approval?

 

[canuck78]

She is a Canadian citizen so I don’t know much about. Does it mean she can’t live out of Canada for that long? I got her a 10 years residency here in Ghana to avoid her seeking for visa back and forth to visit her husband and Ghana only approved based her on marriage to a Ghanaian

She needs to look at eligibility requirements to qualify for healthcare in her province. She may no longer qualify for healthcare in Canada at this point. The other issue is how long has your wife lived in Canada and how did she receive citizenship? How did you get to the US if your spousal application was still being processed? The year in detention and the asylum claim and the short timeline until marriage with a Canadian are all huge red flags for Canada. If you qualified to immigrate on your own why did you not pursue that first or have you attempted to immigrate yourself to other countries?

 

[armoured]

Exactly what my wife said . 6000$ for something he says 20% is risky besides if rejected again it adds to the complexity. So we wanted to be sure which route we can follow and to proof that the relationship though genuine, was not entered for immigration status .

To be blunt, I think I've been clear that the lawyer costs are not really worth it, in my opinion. Up to you. Spending more time together and applying anew will be cheaper and better - I think.

 

[armoured]

during the consultation with the lawyer he said we have to decide if want to appeal or not but the chance is 20% giving that the findings is about immigration status and now how genuine the relationship is. So we asked what other options and if we could file a new application he said if we do the findings would still be there and the new application would result in same decision.

The bolded part is what I disagree with. A new application with new information will have different chances of success.

The previous rejection is not 'permanent', although it does/can make subsquent application more difficult.

 

[steaky]

I don't think the $6000 is the answer. Dont' understand your q about the 'OP's question.'

Simple question to you: is there something specific about 12 months vs 10 or 11 or 9? Why 12 months specifically. This isn't an attack, I just don't get what you're getting at.

are you saying that 12 months is in fact the solution, i.e. that 12 months will result in approval?

Neither do I understand your question compare to OP's question.

How about you send an application to try that out? First you send the application after 8 months together. I.e. 8 months will result in approval? Trial and error. If not, then 12 months. Was it worth to wait 8 months and then 12 months? Your call.

 

[kingsley99]

Sh

She needs to look at eligibility requirements to qualify for healthcare in her province. She may no longer qualify for healthcare in Canada at this point. The other issue is how long has your wife lived in Canada and how did she receive citizenship? How did you get to the US if your spousal application was still being processed? The year in detention and the asylum claim and the short timeline until marriage with a Canadian are all huge red flags for Canada. If you qualified to immigrate on your own why did you not pursue that first or have you attempted to immigrate yourself to other countries?

she lived in Canada moves to Canada as a permanent resident and later one became a citizen last year

to USA was through Mexico as an Asylee based on my political opinion.
I qualify for express entry my French is good but my wife and i thought the spousal route would be ideal so I withdrew my profile back then.

 

[canuck78]

Sh


she lived in Canada moves to Canada as a permanent resident and later one became a citizen last year

to USA was through Mexico as an Asylee based on my political opinion.
I qualify for express entry my French is good but my wife and i thought the spousal route would be ideal so I withdrew my profile back then.

The fact that you flew to Mexico and tried to enter that way and claim asylum all while having a sponsorship application in process created even more concern that you are trying to move to North America. How did your spouse get PR in Canada or how did her family get PR in Canada? How long has she lived in Canada? The fact that she left soon after receiving citizenship also creates red flags for immigration chains for Canada. Also may create challenges in terms of ties to Canada if she has minimal time in Canada.

 

[kingsley99]

The fact that you flew to Mexico and tried to enter that way and claim asylum all while having a sponsorship application in process created even more concern that you are trying to move to North America. How did your spouse get PR in Canada or how did her family get PR in Canada? How long has she lived in Canada? The fact that she left soon after receiving citizenship also creates red flags for immigration chains for Canada. Also may create challenges in terms of ties to Canada if she has minimal time in Canada.

no . In Mexico I didn’t have any application in process I rather got married 4 years later so it’s not the case. My wife moved to Canada through express entry in 2019 she became citizen in 2024

she left after citizenship off course to be with her husband i think that is understandable and again she did not move permanently here she only came so we could try to have our child together and it lasted for 5 months since we needed some Medical procedures.
It’s hard on her to live here feels more like family separation

 

[armoured]

I qualify for express entry my French is good but my wife and i thought the spousal route would be ideal so I withdrew my profile back then.

You can apply for one or other or both, there's no restriction on that. If you believe you qualify for express entry, apply for that (also in my opinion).

 

[armoured]

but my wife and i thought the spousal route would be ideal so I withdrew my profile back then.

Could you please clarify (simple questions, just dates):
-when did you and your spouse apply for the spousal sponsorship?
-when did your spouse first come and join you in Ghana to remain for longer visit?
-This most recent visit of five months - when did it begin and end?

 

[kingsley99]

Could you please clarify (simple questions, just dates):
-when did you and your spouse apply for the spousal sponsorship?
-when did your spouse first come and join you in Ghana to remain for longer visit?
-This most recent visit of five months - when did it begin and end?

Yes sir let me give details

Timeline

married January 20th 2023

Wife stayed till February 22

honeymoon June 29 202

filed for application July 14 2023

Wife came to Ghana

june 10 ,2024 to September 20th
September 20th to September October 3rd wife went to visit family in Belgium

October 4th wife back in Ghana

December 16 wife return to Canada to visit family

January 30th wife is expected back in Ghana to be here maybe for 6 months to a year

we trying to see if she can get a remote job before coming