Visa Denied. Advices please !!!

[questionforyou]

I'm working into get my wife and daughther from US into Canada. We applied and everything went fine til the interview that my wife had today. We were both asked to attend but I have just PR in Canada and my visa to USA was denied. So she went by her self and since tha lady steped into the office told her that she did not have a genuine relationship.

In this process we have tried to do everything by the book and some how they did not see it that way...

Now as per my lawyer we can appeal that or apply again as inland application. Here are the problems:

1. My wife just have GC from US and if she stay here even close to 6 months they will send her to the inmigration office in US when going back and even take the GC away from her.
2. If we file for inland after 6 months she will loose her GC and she wont be able to go to US to visit her family or travel back home(I know that inland can take a lot of time)

What you think that I should do. We are completly sure that our relationship is genuine, we presented with pics, our daughther, CC Bills where I paid for her stuffs, trips together and so but the officer wanted Join Bank Accounts, Join Lease Agreement, as you know you can not provide this one if you are as a visitor. Nobody will give them to you.

Thank you all and sorry for the long email

 

[h741108]

what kind of questions did they ask during interview? Did your wife explain that you will unable to provide Join Lease Agreement as a vistor?

You can still get join bank account as a vistor from some bank, we got one from HSBC.

 

[ColorMePanda]

what kind of questions did they ask during interview? Did your wife explain that you will unable to provide Join Lease Agreement as a vistor?

You can still get join bank account as a vistor from some bank, we got one from HSBC.

Actually if he was trying to apply into the US, I can see where it would be hard to get a joint account there.
Most of the time unless you have a temporary working number, they will not let you open an account.

Such things are much easier to obtain in Canada as a visitor.

As far as the relationship goes.
You could apply with an Outland application and since she has a green card for the US I am assuming she would be allowed to apply through the Buffalo office. The application would be mailed to Mississauga first though and then they would send it to Buffalo to finalize the application.

Buffalo has a very short processing time. If she would like to be able to keep her greencard without lossing it then she could stay in the US during the processing of the application. Then if she wants she can stay for a few months and return home that way to ensure she doesn't lose her status in the US.

Hope this helps. I am certain that other members will be able to assist you as well and they will help you to decide on the best route to go in your circumstances. Best of luck!

 

[diana90]

Hi,

So sorry about your situation. Unfortunately, I don't really have any advice but just want to say that we applied inland - it took almost 2 years! We didn't have joint lease but joint bank account. I think the whole situation is so ridiculous. Especially, as I understood, if you have a child together... Isn't it a better prove of your genuine relationship than any lease, etc?

I hope, you'll find a solution soon. Best of luck!

I'm working into get my wife and daughther from US into Canada. We applied and everything went fine til the interview that my wife had today. We were both asked to attend but I have just PR in Canada and my visa to USA was denied. So she went by her self and since tha lady steped into the office told her that she did not have a genuine relationship.

In this process we have tried to do everything by the book and some how they did not see it that way...

Now as per my lawyer we can appeal that or apply again as inland application. Here are the problems:

1. My wife just have GC from US and if she stay here even close to 6 months they will send her to the inmigration office in US when going back and even take the GC away from her.
2. If we file for inland after 6 months she will loose her GC and she wont be able to go to US to visit her family or travel back home(I know that inland can take a lot of time)

What you think that I should do. We are completly sure that our relationship is genuine, we presented with pics, our daughther, CC Bills where I paid for her stuffs, trips together and so but the officer wanted Join Bank Accounts, Join Lease Agreement, as you know you can not provide this one if you are as a visitor. Nobody will give them to you.

Thank you all and sorry for the long email

 

[questionforyou]

Guys going for ADR today. Wish me the best of lucks. Hopefully the Minister Counsel will listen to our information.

 

[robrod]

Best of luck!.
I wonder if this interview his wife attended was "The Interview" prior to the "Landing Examination Interview"?.

 

[lynw]

. Especially, as I understood, if you have a child together... Isn't it a better prove of your genuine relationship than any lease, etc?

Not really - lots of people produce children together and have no kind of relationship. However if you are living together, sharing bank accounts etc, that proves a trusting relationship of some kind, at the very least.

 

[lynw]

Guys going for ADR today. Wish me the best of lucks. Hopefully the Minister Counsel will listen to our information.

The very best of luck! Hope it goes well for you.

 

[ilovemywife]

Guys going for ADR today. Wish me the best of lucks. Hopefully the Minister Counsel will listen to our information.

GOOD luck!!!! hope all goes well

 

[Godblesswife]

So sorry to hear this has happened. like I always say Immigration seems to be the luck of thee straw.land application


An outland application may be your best option right now.

hope you guys come up with something quick so your family can stay together.

All the best.

Godbless

 

[RobsLuv]

I'm working into get my wife and daughther from US into Canada. We applied and everything went fine til the interview that my wife had today. We were both asked to attend but I have just PR in Canada and my visa to USA was denied. So she went by her self and since tha lady steped into the office told her that she did not have a genuine relationship.

In this process we have tried to do everything by the book and some how they did not see it that way...

Now as per my lawyer we can appeal that or apply again as inland application. Here are the problems:

1. My wife just have GC from US and if she stay here even close to 6 months they will send her to the inmigration office in US when going back and even take the GC away from her.
2. If we file for inland after 6 months she will loose her GC and she wont be able to go to US to visit her family or travel back home(I know that inland can take a lot of time)

What you think that I should do. We are completly sure that our relationship is genuine, we presented with pics, our daughther, CC Bills where I paid for her stuffs, trips together and so but the officer wanted Join Bank Accounts, Join Lease Agreement, as you know you can not provide this one if you are as a visitor. Nobody will give them to you.

Thank you all and sorry for the long email

Typically joint lease agreements and joint bank accounts are required of couples as proof of common-law qualification - to show that they have lived together for at least one continuous year. Spousal applicants are NOT required to live together - so you should not be required to submit a joint lease agreement or bank account to prove your relationship. Normally what they're looking for is proof that the relationship has been "continuing" and that the couple has spent a significant amount of time together - whether by communication (email, text, instant messaging, phone calls) or through visits to see one another. There also might be proofs of one partner sending money to the other; cards, gifts, photos, etc. It's apparent - because an interview was required - that the "proofs" you submitted with the application was not sufficient to prove to the processing officer that the relationship was not just about getting your wife status in Canada. Simply being married (and even having a child together) is not proof that the relationship is "genuine".

Your best option is to appeal the decision and hope to have your appeal allowed on humanitarian and compassionate grounds. Be prepared to submit additional proofs of the development and continuing nature of your relationship at the appeal, and be prepared that you may have to wait a year or more for your day in court.