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Spousal visa rejection needs help

kingsley99

Full Member
Dec 24, 2024
21
0
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?
 

steaky

VIP Member
Nov 11, 2008
14,840
1,772
Job Offer........
Pre-Assessed..
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?
Why not have your spouse spend a full year with you in the home country?
 
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Naturgrl

VIP Member
Apr 5, 2020
45,510
9,742
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?
You have not spent enough time together & IRCC doesn’t believe it is genuine given your past history. Spouse should move to your country & live together for a year.
 

kingsley99

Full Member
Dec 24, 2024
21
0
You have not spent enough time together & IRCC doesn’t believe it is genuine given your past history. Spouse should move to your country & live together for a year.
thanks so she has been here for 6 months since june she has gone back to spend christmass with her sibblings so she returns january for another 6 months does that help if we refil an application ?
 

kingsley99

Full Member
Dec 24, 2024
21
0
Why not have your spouse spend a full year with you in the home country?
she has been here for 6 months she just went back for vacation with sibblings she would be back this january so if she spends another 6 months that would sum up to a year right? and we can reaply ? meaning we do not appeal now since we have 30 days ?
 

kingsley99

Full Member
Dec 24, 2024
21
0
bellow is the conclusion she gave us before refussal

At the end the interview with both you and your sponsor, that took place on November 28, 2024, I informed you of my concerns that your relationship may have been entered into primarily for the purpose of acquiring a status or privilege under the Act. I provided you with the opportunity to address these concerns. I have examined your responses, and all the information contained in your application. I am not satisfied that you have alleviated these concerns. On the basis of the information before me, I am not satisfied on the balance of probabilities that your relationship with your sponsor was not entered into primarily for the purpose of acquiring a status or privilege under the Act. I am, therefore, not satisfied that you are a member of the family class on the basis of your relationship with your sponsor.
 

kingsley99

Full Member
Dec 24, 2024
21
0
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
 

Naturgrl

VIP Member
Apr 5, 2020
45,510
9,742
bellow is the conclusion she gave us before refussal

At the end the interview with both you and your sponsor, that took place on November 28, 2024, I informed you of my concerns that your relationship may have been entered into primarily for the purpose of acquiring a status or privilege under the Act. I provided you with the opportunity to address these concerns. I have examined your responses, and all the information contained in your application. I am not satisfied that you have alleviated these concerns. On the basis of the information before me, I am not satisfied on the balance of probabilities that your relationship with your sponsor was not entered into primarily for the purpose of acquiring a status or privilege under the Act. I am, therefore, not satisfied that you are a member of the family class on the basis of your relationship with your sponsor.
IRCC believes marriage is not genuine being married for 2 years and spending only 6 months together. She has left again and will return. Should stay at least 8-10 months next time.
 

kingsley99

Full Member
Dec 24, 2024
21
0
IRCC believes marriage is not genuine being married for 2 years and spending only 6 months together. She has left again and will return. Should stay at least 8-10 months next time.
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
 

scylla

VIP Member
Jun 8, 2010
96,294
22,438
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
bellow is the conclusion she gave us before refussal

At the end the interview with both you and your sponsor, that took place on November 28, 2024, I informed you of my concerns that your relationship may have been entered into primarily for the purpose of acquiring a status or privilege under the Act. I provided you with the opportunity to address these concerns. I have examined your responses, and all the information contained in your application. I am not satisfied that you have alleviated these concerns. On the basis of the information before me, I am not satisfied on the balance of probabilities that your relationship with your sponsor was not entered into primarily for the purpose of acquiring a status or privilege under the Act. I am, therefore, not satisfied that you are a member of the family class on the basis of your relationship with your sponsor.
As said in the refusal, it's your overall profile that has created the issue here. Your profile can give the impression that you are looking for any means possible to secure immigration status in North America and this has cast doubt on the genuiness of your current marriage.

You have a decision to make now on whether you chose to appeal the refusal or try to submit a new application with strong proof of evidence that your marriage is genuine. If you decide to appeal, I would strongly recommend you hire an immigration lawyer to assist you.
 

kingsley99

Full Member
Dec 24, 2024
21
0
As said in the refusal, it's your overall profile that has created the issue here. Your profile can give the impression that you are looking for any means possible to secure immigration status in North America and this has cast doubt on the genuiness of your current marriage.

You have a decision to make now on whether you chose to appeal the refusal or try to submit a new application with strong proof of evidence that your marriage is genuine. If you decide to appeal, I would strongly recommend you hire an immigration lawyer to assist you.
I think maybe we can wait as my wife is 2 months pregnant now we might wait till after
 

steaky

VIP Member
Nov 11, 2008
14,840
1,772
Job Offer........
Pre-Assessed..
I think maybe we can wait as my wife is 2 months pregnant now we might wait till after
Being pregnant does not stop her from traveling. Why don't you go with her in the traveling and have your wife stay with you full time continuously regardless in home country or any vacation destination.
 

kingsley99

Full Member
Dec 24, 2024
21
0
Being pregnant does not stop her from traveling. Why don't you go with her in the traveling and have your wife stay with you full time continuously regardless in home country or any vacation destination.
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
 

steaky

VIP Member
Nov 11, 2008
14,840
1,772
Job Offer........
Pre-Assessed..
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
Why is it not okay for her to be with you permanently for the remaining 4 to 5 calendar months?
 

kingsley99

Full Member
Dec 24, 2024
21
0
N
Why is it not okay for her to be with you permanently for the remaining 4 to 5 calendar months?
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