Visa refusal

[chineygal]

My son sponsored his wife and 2 children from the United States In 2010. She had been in the US since she was a child going to school. She also went to college before she became pregnant. They were married in 2006. The oldest child is 8 the youngest is 6+. Our family has never collected government aid since we migrated to Canada. My daughter in law only got Medicaid for her children since she was by herself in the US while my son was working in Canada to sponsor them. When the documents were filed they were approved in Canada, however my daughter was refused the application as the Visa Officer said she could not prove how she was going to support herself in Canada. I hired an attorney to represent her and got a date in Sept of 2012 for an ADR ( alternative Resolution dispute). The day before the relevant authorities was to meet the CIC represented refused to attend because she said the Marriage was not genuine. I still cannot comprehend why she said this they are connected . She has 2 children for my son. They have met at my house in the US when he comes over here. I bring the children to Canada with me all holidays. They meet in Buffalo when they have to meet. I don't understand the issue here. It is now going to appeal which I understand can take a long time. Can anyone shed some light on this for me?

 

[zardoz]

Order the GCMS notes and find out what was going on behind the scenes.

 

[marlasinger]

Hmm, your son's wife doesn't need to prove how she'd support herself in Canada. It's up to your son to sign the undertaking and basically promise not to allow her to go on social assistance, and he obviously did that. If he was approved as her sponsor then it sounds like CIC thought he could. So that wouldn't be a reason to refuse her PR. If they don't believe the relationship is genuine, however, then that would be a reason and people can easily be refused based on the VO believing or not believing what they say about their relationship. Children don't necessarily mean the relationship is real. Did they get called in for an interview? Definitely order the GCMS notes on their application to find out the real situation and better prepare for the appeal. Good luck.

 

[lovindahubby]

Hmm, your son's wife doesn't need to prove how she'd support herself in Canada. It's up to your son to sign the undertaking and basically promise not to allow her to go on social assistance, and he obviously did that. If he was approved as her sponsor then it sounds like CIC thought he could. So that wouldn't be a reason to refuse her PR. If they don't believe the relationship is genuine, however, then that would be a reason and people can easily be refused based on the VO believing or not believing what they say about their relationship. Children don't necessarily mean the relationship is real. Did they get called in for an interview? Definitely order the GCMS notes on their application to find out the real situation and better prepare for the appeal. Good luck.

I was just reading this thread and its interesting. Yes most VO refused people because relationship isn't genuine.
In your statement you said Children don't necessarily mean the relation ia real! My question is if its not real why would you go sleep with a person, have intercourse and kids then? Would they be that desperate or so helpful to give a parson an open way to canada? Just a question though! I just think its odd!

 

[canuck_in_uk]

My question is if its not real why would you go sleep with a person, have intercourse and kids then? Would they be that desperate or so helpful to give a parson an open way to canada? Just a question though! I just think its odd!

Some people are so desperate to leave their country, they will do anything and everything, including having a child with someone from Canada or a similarly developed country. Generally, the spouse from the developed nation has no idea of the fact that their "loved one" is taking such advantage of them and lives in complete ignorance until they are abandoned.

 

[ortom]

Its my understanding that the person in question has two children ages 8 and 6, so if they are still together how can it be because "she is so desperate to leave her country"

Some people are so desperate to leave their country, they will do anything and everything, including having a child with someone from Canada or a similarly developed country. Generally, the spouse from the developed nation has no idea of the fact that their "loved one" is taking such advantage of them and lives in complete ignorance until they are abandoned.

 

[canuck_in_uk]

Its my understanding that the person in question has two children ages 8 and 6, so if they are still together how can it be because "she is so desperate to leave her country"

I didn't say she was. My post didn't refer to her or anyone specific at all. lovindahubby asked a general question and I provided a general answer.

 

[Rob_TO]

Its my understanding that the person in question has two children ages 8 and 6, so if they are still together how can it be because "she is so desperate to leave her country"

I totally agree. 2 kids together over an 8+ year marriage, applicant is resident of USA, and the visa officer used income of the applicant as basis for their decision which is not even relevant to a PR app. Something seems very strange about this whole case as in any other situation a long term marriage with 2 kids involved would be a no-brainer approval of PR. Sorry but nobody will go through 2 kids and almost a decade married to someone... just to get Canadian PR status when they are already resident (I assume legally) of a wealthy country like the US.

I would definitely order GCMS notes to see what's going on and the reason for why the VO thinks it's not a real marriage. Perhaps there are other issues here we're not aware of, or the VO is just being a jerk, who knows.

 

[SenoritaBella]

There are two cases on the forum where the visa officer refused the application on the basis of financial inadmissibility on the part of the sponsored spouse. The two members are 'gango girl' and 'sivu'(I believe).

What will be important to know is:
1. was the sponsor working?
2. if sponsor wasn't working, did they provide a long term plan for how they would support themselves?
3. Did the sponsor's income fall below the LICO amount for his family size at any point during the processing? A sponsor must continue to meet the requirements even after sponsor approval.

If the visa officer is concerned about the possibility of either spouse going on welfare, they will ask the sponsored spouse to proof they can take care of their entire family. Failing this, they will reject the application.

Also, the undertaking signed by the sponsor and their spouse has obligtions for both spouses. Look under, "Obligations of the person to be sponsored".

I think marlasinger was trying to say children alone is not likely to convince a visa officer one way or the other. There have been stories on the forum of people who had interviews and talked about their pregnancy or pregnant spouse and allegedly, the officer said something to the effect of, "if the baby is yours".

Canada has a lot to offer to some "living in a wealthy country". Likewise, not everyone living in a "non-wealthy country" is unhappy or desperate to leave.