Spousal visa rejection needs help

[armoured]

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

All right, this is now more clear. Given your history, applying relatively early in your marriage/relationship with not much time together definitely was too little.

As I understand, you had the interview in Ghana in fall 2024, and it seems unclear how much IRCC officer took this into account. Clearly not enough to overcome the previous impression about bona fides.

Applying anew, carefully, with up to date info, with your spouse living with you (go for a very complete and careful application, so it cannot be misunderstood that you are living together) has a better chance. Significantly so, in my view. That does not mean a guarantee - so see previous point about express entry app. Show your spouse as now having residency in Ghana.

I am agnostic about whether a few extra months is enough or 12 months total is needed (as @steaky seems to believe); more time residing together is better, of course. Choices you and sposue have to make - noting that given your previous refusal it will not be processed very quickly.

Note, again, will have to show that spouse intends to return to live in Canada.

 

[canuck78]

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

5 months and a return to Ghana in January means that she likely has minimal ties to Canada for example a home, utility bills, a job that requires her to be in Canada, etc. She likely has more ties to Ghana given her recent immigration and a spouse in the country. She will need to prove that you will be relocating to Canada if you are granted sponsorship.

Could you clarify your timeline? I thought you mentioned your spouse didn’t visit you in detention so you got divorced. If you claimed asylum, then got deported, then married a US citizen and tried to get sponsored and then soon after divorce you married a Canadian citizen or PR after your first visit you have created a huge immigration red flag.

When did you claim asylum at the Mexicans border and did you apply to visit the US first and when?

When were you deported from the US?

When did you marry your US wife and did you get married on the first in person visit? Was it in Ghana?

When did you apply for sponsorship to the US?

When did you get divorced?

When did you meet your new wife online?

 

[kingsley99]

5 months and a return to Ghana in January means that she likely has minimal ties to Canada for example a home, utility bills, a job that requires her to be in Canada, etc. She likely has more ties to Ghana given her recent immigration and a spouse in the country. She will need to prove that you will be relocating to Canada if you are granted sponsorship.

Could you clarify your timeline? I thought you mentioned your spouse didn’t visit you in detention so you got divorced. If you claimed asylum, then got deported, then married a US citizen and tried to get sponsored and then soon after divorce you married a Canadian citizen or PR after your first visit you have created a huge immigration red flag.

When did you claim asylum at the Mexicans border and did you apply to visit the US first and when?

When were you deported from the US?

When did you marry your US wife and did you get married on the first in person visit? Was it in Ghana?

When did you apply for sponsorship to the US?

When did you get divorced?

When did you meet your new wife online?

yes sir my mentioned my spouse didn’t visit me in detention I referring to my ex wife

Let me make another timeline

June 2012 married an American
June 2015 file for USA visa (for those 3 years she never visited Ghana was a big problem for the visa officer USA embassy) though communication was daily
April 2016 USA visa rejection

Feb 2017 political crisis move to Mexico Seeked asylum in USA detained till march2018

Divorced October 2018

fast forward

2023 married to my current spouse

new wife was not met online we are from same community here in Ghana

During the 5 months she was here she lost her job

she lives together with her elder sister in same house maintained same address

she’s trying to get a remote job before coming to Ghana January 15

all this because we want to be together so it’s straining our relationship

 

[armoured]

By the way you/your sponsor should order GCMS notes (access to information release of the IRCC case management notes) for your existing app. You should do this now.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

 

[steaky]

5 months and a return to Ghana in January means that she likely has minimal ties to Canada for example a home, utility bills, a job that requires her to be in Canada, etc. She likely has more ties to Ghana given her recent immigration and a spouse in the country. She will need to prove that you will be relocating to Canada if you are granted sponsorship.

But a home, utility bills and sometimes jobs (especially posted abroad & working remote) does not require someone to be in Canada, etc., so not sure what you mean minimal ties.

 

[canuck78]

But a home, utility bills and sometimes jobs (especially posted abroad & working remote) does not require someone to be in Canada, etc., so not sure what you mean minimal ties.

Most people do not keep all these things when abroad for an extended period of time. Most jobs are not remote with no in person requirement.

 

[kingsley99]

By the way you/your sponsor should order GCMS notes (access to information release of the IRCC case management notes) for your existing app. You should do this now.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

Ok that is ideal

 

[kingsley99]

E

But a home, utility bills and sometimes jobs (especially posted abroad & working remote) does not require someone to be in Canada, etc., so not sure what you mean minimal ties.

Exactly. So having my wife with me for year she would have to be working here in Ghana or depend on me financially which is ok. But how can she sponsor me without any income in Canada, address, utility bills ? That’s a big question I need to understand

 

[kingsley99]

To address the rejection of your spousal sponsorship application, you have 30 days to file a sponsorship appeal at the Immigration and Refugee Board of Canada. Gather evidence to prove your relationship is genuine, such as photos, videos, correspondence, and joint financial records. Provide a clear explanation of your relationship and emphasize your spouse's ties to Canada.

thank you very much for the input. We have all of those items mentioned and even more . She has a permanent residence card here in Ghana as my spouse with my name as her last name which can only be issued to a spouse of a Ghanaian valid for 10 years so she won’t require any visa in Ghana. But i think the concern here is how to proof the marriage was not entered into for immigration benefits only those items proof bonafide relationship only . If someone can point me to what documents or things can proof our marriage was not for immigration purposes. As I think the whole thing boils down to my immigration history only . But again how can someone proof intent ?

 

[armoured]

E

Exactly. So having my wife with me for year she would have to be working here in Ghana or depend on me financially which is ok. But how can she sponsor me without any income in Canada, address, utility bills ? That’s a big question I need to understand

Read the instructions. Basically the two of you will need to show capacity to support each other once in Canada (as well as other intent aspects like where you might live, etc). Job history, education, savings, etc., are all factories they will consider. Her work experience in Canada and your own, your resumés with education, along with at least some basic savings would likely be sufficient (obviously as long as these are credible).

 

[canuck78]

thank you very much for the input. We have all of those items mentioned and even more . She has a permanent residence card here in Ghana as my spouse with my name as her last name which can only be issued to a spouse of a Ghanaian valid for 10 years so she won’t require any visa in Ghana. But i think the concern here is how to proof the marriage was not entered into for immigration benefits only those items proof bonafide relationship only . If someone can point me to what documents or things can proof our marriage was not for immigration purposes. As I think the whole thing boils down to my immigration history only . But again how can someone proof intent ?

If you qualify for PR through other pathways that is probably your best option at the moment. If not live together for a few years and reapply for spousal sponsprship. Your spouse can always return to Canada before you go find employment and secure housing if necessary as proof of intent to settle in Canada.

 

[armoured]

If someone can point me to what documents or things can proof our marriage was not for immigration purposes. As I think the whole thing boils down to my immigration history only . But again how can someone proof intent ?

You are overthinking, I think. But do some research if it helps. I think the main thing is to show that the relationship is genuine.

But first you need to decide whether to appeal or not. I've stated my opinion, make up your mind.

-There is, of course, no way to 'prove' intent. There's only question of degree to which they show likelihood (or if you prefer, sufficient proof).
-In my simplistic interpretation, the PRIMARY way they determine intent is by inferring intent from the relationship - is it genuine? (note that relationship being genuine is a separate requirement, too).
-This mainly works because why else would the fake relationship be entered into? (Since they don't have to get to 100% proof, that's enough - even though the logic is a tiny bit circular)

In other words, mostly, is the relationship genuine? If not, deny.

Now, to determine whether relationship genuine, they can also infer motive from other things - like has someone been denied immigration elsewhere (demonstrated motive/incentive to immigrate somewhere), previous fake relationship, previous fake asylum claims, etc.

[Now a side note: you may not think your previous relationship started as one for immigration purposes, but it turned out to be not a genuine relationship, which your other actions reinforced.]

Yes, it is possible to overcome the inferences they make from your previous immigration cases (USA and Canada). Not easy, but possible. Basically the only/best way is to demonstrate it's a real relationship. Your previous attempt did not do so, because (in my opinion) you applied early in the relationship and before you'd spent much time together.

Side note: very much agree you should apply under the other immigration programs, if you qualify.

 

[kingsley99]

You are overthinking, I think. But do some research if it helps. I think the main thing is to show that the relationship is genuine.

But first you need to decide whether to appeal or not. I've stated my opinion, make up your mind.

-There is, of course, no way to 'prove' intent. There's only question of degree to which they show likelihood (or if you prefer, sufficient proof).
-In my simplistic interpretation, the PRIMARY way they determine intent is by inferring intent from the relationship - is it genuine? (note that relationship being genuine is a separate requirement, too).
-This mainly works because why else would the fake relationship be entered into? (Since they don't have to get to 100% proof, that's enough - even though the logic is a tiny bit circular)

In other words, mostly, is the relationship genuine? If not, deny.

Now, to determine whether relationship genuine, they can also infer motive from other things - like has someone been denied immigration elsewhere (demonstrated motive/incentive to immigrate somewhere), previous fake relationship, previous fake asylum claims, etc.

[Now a side note: you may not think your previous relationship started as one for immigration purposes, but it turned out to be not a genuine relationship, which your other actions reinforced.]

Yes, it is possible to overcome the inferences they make from your previous immigration cases (USA and Canada). Not easy, but possible. Basically the only/best way is to demonstrate it's a real relationship. Your previous attempt did not do so, because (in my opinion) you applied early in the relationship and before you'd spent much time together.

Side note: very much agree you should apply under the other immigration programs, if you qualify.

This is to helpful thank you . I think we would not Apeal , we will resubmit after 8 months or a year . Meanwhile my French is good I will take the TCF test and IELTS i do have a bachelors degree though age 39 i think that should be enough giving I have 2 years experience as a scrum master or project manager, 3 years a sales manager, 1 years as General manager and currently self employed in my own company for the past 1 year , hopefully the French stream works for me while we do the application for spousal sponsorship later depending on how the Express entry goes.

now for express entry I do have a step son

most of my proof of funds has been invested into my current business but I to have the minimum required amount for 2 members which has been available just over 2 months so do I have to wait for 6 months before express entry ? I do not want to rush anything just to make sure it’s ok

 

[steaky]

now for express entry I do have a step son

most of my proof of funds has been invested into my current business but I to have the minimum required amount for 2 members which has been available just over 2 months so do I have to wait for 6 months before express entry ? I do not want to rush anything just to make sure it’s ok

But you probably don't need to sponsor your step son because he has Canadian citizenship already (through his mother).

 

[kingsley99]

But you probably don't need to sponsor your step son because he has Canadian citizenship already (through his mother).

No son from my previous relationship 11 years ago before married