I hope someone from this forum can advise us. We are in a devastating situation here in Los Angeles.
Here is some back ground; I applied to become PR under protected person. My refugee claim was accepted in 2006. I met my wife in Toronto and got married in 2008 (my application to become PR is still in process and has received AIP). I added my wife in my PR application as my spouse in Nov 2008 and paid $550. She was successfully added into my PR application and received AIP from CIC Scarborough. We applied for her WP Vegreville, AB and an open WP was issued for her.
She needed to travel outside Canada in 2009 - She applied for a TRV at Buffalo, NY from within Toronto by mail. She was issued a TRV until validity of her WP. We both traveled to Mexico/US back to Mexico and flow back to Toronto in 2009 without any issues at all.
Feb 2010 her WP was expiring and she applied for renewal of her WP to Vegreville, AB. Her work permit was renewed till Feb 2011 (1 Year). Her TRV was expiring at the same time so we sent an application for TRV to Buffalo, NY. TRV was issued till the validity of her WP from Buffalo office. Application was sent by mail.
We traveled back and forth few times between US and Canada mainly for shopping and pleasure. Never stayed in US for more than 2 days.
Her WP was expiring again in Feb 2011 and we sent an application for Vegreville, AB for renewal of her WP. An open WP was issued again till Feb 2012. She had a valid TRV on her passport till Feb 2012.
We applied for her work permit to Vegreville, AB by mail. An open work permit was issued valid till Feb 2013.
We left Canada on Jan 13 Friday from Pearson Intl. to travel to Los Angeles, CA for 3 weeks holidays trip. Since her TRV was expiring in Feb 2012, we decided to apply for a TRV from Los Angeles office. Filled up the TRV application attached all required document and submitted the TRV application in Los Angeles office in person. She was told to come back next day (Today) to pick up her passport. We visited the Canadian counsel today and to our surprise her TRV application was refused by the VO. VO also cancelled her existing valid TRV along with her valid WP good through Feb 2013. She was given a refusal letter with this explanation.
a) Your travel history
(her travel history is in order with each enter/exit stamp by all officials from 3 countries i.e US/CAN/MEX
b) Your Immigration status
(her immigration status has always been in order within all required laws set out by IRB/CIC acts.
Have every single piece of paper for records)
c) Purpose of visit
(I am confused about this myself; what does it mean? I asked VO this question and she did not answer anything)
d) I am not satisfied that you have answer truthfully all question put to you
(Not satisfied how is that even possible? Everything can be verified based on our existing application for PR and AIP.
Her pervious WP's, TRV's, T4's, Pay Stub's, Lease agreement, Copy of marriage certificate etc. etc.)
e) Your current application for permanent residence in Canada is not approved in principle and not in the initial approval process.
As a result, I am not satisfied that your current work permit issued on basis of this initial approval is valid.
(There has not been any change in our application for PR – Called and confirmed by the CIC call center agents)
I asked to speak to the program manager at the Los Angeles office. We were told that there is nothing they can do for her and she cannot return back to Canada. We were told to apply again for a TRV with any NEW information pay another $150. Just to be fair another officer will review the application.
VO decision cannot be over ruled and this application was closed as per this VO.
I called CIC Canada and asked to see if there were any changes in our application to become PR of Canada. I was told that there is no change at all and our application is still in process. My wife is still listed as my spouse and dependent in our application. It was also confirmed to me by the call center agent that indeed our application has received AIP.
I spoke to my lawyer back in Toronto and this is what she said:
a) She should not have applied for a TRV from Los Angeles
My explanation was that her TRV was expiring within 45 days hence we decided to apply for a TRV while we are here in Los Angles.
b) Ask to see a manager in the visa office and explain the situation that indeed our application has been AIP our home is in Canada and request for a TRV to be issued so we can come back home to Toronto.
I did that today and was told by visa officer that a TRV will not be issued to her. She must reapply with the NEW information for a TRV in Los Angeles or anywhere in USA. I explained the reason and our ordeal with this issue. VO in LA said to add all of my reasoning in the new TRV application as NEW information. I am confused there is no NEW information, it has been the same. She is my wife we have been married for almost 4 years. Marriage took place in Toronto and I have the marriage certificate to prove. Her previous work permits and TRV shows the same notes. “Application for PR has been AIP”. She has that on all of her previous work permits. I actually have a folder with all of her paper work including medical tests, police clearance and AIP letter from our immigration officer in Scarborough office.
Few facts to consider for your important input:
I hold a valid CRTD and with valid 5 Years US B1/B2 visa with valid I-94 from Dept. of Homeland and Border USA. Have traveled to USA in past with no issued to come home and enter in USA.
My wife holds a valid Mexican Passport with 10 Years US B1/B2 visa with valid I-94 from Dept. Of Homeland USA. She has traveled to USA in past with no issues to come back an enter in USA.
She had in total 3 TRV's and 3 open WP in past.
We both have traveled together to Mexico and return back with no issues at all.
Her valid Canadian TRV and her valid WP was cancelled this morning by the VO in Los Angeles.
We don't have any family in USA except some friends. We don't want to stay in USA because our home/work is in Canada.
She doesn't want to go to Mexico and wait over there for outcome of my existing application for PR of Canada. She doesn't have any family or place to stay in Mexico. I do not want to her stay away from me in any case.
My application to become PR of Canada is still in process at Scarborough office. I have called them this morning and they confirmed that there has NOT been any change since I left Canada. My wife is still listed as my spouse and dependent in my application. Call center agent cannot provide any help or advise related to my wife's issue. I was told that I am on the mercy of visa officer abroad. A VO can cancel TRV's/WP upon their on desecrations.
I want to ask if anyone can provide some much needed advise to us since this has become a nightmare for both of us. We just came for 3 weeks holidays and there is no possible way that I am to leave my wife here alone or even let her travel to Mexico and wait over there for an outcome of my PR application.
I want to come home with my wife. What will be the way for us to return home together?
Here is some back ground; I applied to become PR under protected person. My refugee claim was accepted in 2006. I met my wife in Toronto and got married in 2008 (my application to become PR is still in process and has received AIP). I added my wife in my PR application as my spouse in Nov 2008 and paid $550. She was successfully added into my PR application and received AIP from CIC Scarborough. We applied for her WP Vegreville, AB and an open WP was issued for her.
She needed to travel outside Canada in 2009 - She applied for a TRV at Buffalo, NY from within Toronto by mail. She was issued a TRV until validity of her WP. We both traveled to Mexico/US back to Mexico and flow back to Toronto in 2009 without any issues at all.
Feb 2010 her WP was expiring and she applied for renewal of her WP to Vegreville, AB. Her work permit was renewed till Feb 2011 (1 Year). Her TRV was expiring at the same time so we sent an application for TRV to Buffalo, NY. TRV was issued till the validity of her WP from Buffalo office. Application was sent by mail.
We traveled back and forth few times between US and Canada mainly for shopping and pleasure. Never stayed in US for more than 2 days.
Her WP was expiring again in Feb 2011 and we sent an application for Vegreville, AB for renewal of her WP. An open WP was issued again till Feb 2012. She had a valid TRV on her passport till Feb 2012.
We applied for her work permit to Vegreville, AB by mail. An open work permit was issued valid till Feb 2013.
We left Canada on Jan 13 Friday from Pearson Intl. to travel to Los Angeles, CA for 3 weeks holidays trip. Since her TRV was expiring in Feb 2012, we decided to apply for a TRV from Los Angeles office. Filled up the TRV application attached all required document and submitted the TRV application in Los Angeles office in person. She was told to come back next day (Today) to pick up her passport. We visited the Canadian counsel today and to our surprise her TRV application was refused by the VO. VO also cancelled her existing valid TRV along with her valid WP good through Feb 2013. She was given a refusal letter with this explanation.
a) Your travel history
(her travel history is in order with each enter/exit stamp by all officials from 3 countries i.e US/CAN/MEX
b) Your Immigration status
(her immigration status has always been in order within all required laws set out by IRB/CIC acts.
Have every single piece of paper for records)
c) Purpose of visit
(I am confused about this myself; what does it mean? I asked VO this question and she did not answer anything)
d) I am not satisfied that you have answer truthfully all question put to you
(Not satisfied how is that even possible? Everything can be verified based on our existing application for PR and AIP.
Her pervious WP's, TRV's, T4's, Pay Stub's, Lease agreement, Copy of marriage certificate etc. etc.)
e) Your current application for permanent residence in Canada is not approved in principle and not in the initial approval process.
As a result, I am not satisfied that your current work permit issued on basis of this initial approval is valid.
(There has not been any change in our application for PR – Called and confirmed by the CIC call center agents)
I asked to speak to the program manager at the Los Angeles office. We were told that there is nothing they can do for her and she cannot return back to Canada. We were told to apply again for a TRV with any NEW information pay another $150. Just to be fair another officer will review the application.
VO decision cannot be over ruled and this application was closed as per this VO.
I called CIC Canada and asked to see if there were any changes in our application to become PR of Canada. I was told that there is no change at all and our application is still in process. My wife is still listed as my spouse and dependent in our application. It was also confirmed to me by the call center agent that indeed our application has received AIP.
I spoke to my lawyer back in Toronto and this is what she said:
a) She should not have applied for a TRV from Los Angeles
My explanation was that her TRV was expiring within 45 days hence we decided to apply for a TRV while we are here in Los Angles.
b) Ask to see a manager in the visa office and explain the situation that indeed our application has been AIP our home is in Canada and request for a TRV to be issued so we can come back home to Toronto.
I did that today and was told by visa officer that a TRV will not be issued to her. She must reapply with the NEW information for a TRV in Los Angeles or anywhere in USA. I explained the reason and our ordeal with this issue. VO in LA said to add all of my reasoning in the new TRV application as NEW information. I am confused there is no NEW information, it has been the same. She is my wife we have been married for almost 4 years. Marriage took place in Toronto and I have the marriage certificate to prove. Her previous work permits and TRV shows the same notes. “Application for PR has been AIP”. She has that on all of her previous work permits. I actually have a folder with all of her paper work including medical tests, police clearance and AIP letter from our immigration officer in Scarborough office.
Few facts to consider for your important input:
I hold a valid CRTD and with valid 5 Years US B1/B2 visa with valid I-94 from Dept. of Homeland and Border USA. Have traveled to USA in past with no issued to come home and enter in USA.
My wife holds a valid Mexican Passport with 10 Years US B1/B2 visa with valid I-94 from Dept. Of Homeland USA. She has traveled to USA in past with no issues to come back an enter in USA.
She had in total 3 TRV's and 3 open WP in past.
We both have traveled together to Mexico and return back with no issues at all.
Her valid Canadian TRV and her valid WP was cancelled this morning by the VO in Los Angeles.
We don't have any family in USA except some friends. We don't want to stay in USA because our home/work is in Canada.
She doesn't want to go to Mexico and wait over there for outcome of my existing application for PR of Canada. She doesn't have any family or place to stay in Mexico. I do not want to her stay away from me in any case.
My application to become PR of Canada is still in process at Scarborough office. I have called them this morning and they confirmed that there has NOT been any change since I left Canada. My wife is still listed as my spouse and dependent in my application. Call center agent cannot provide any help or advise related to my wife's issue. I was told that I am on the mercy of visa officer abroad. A VO can cancel TRV's/WP upon their on desecrations.
I want to ask if anyone can provide some much needed advise to us since this has become a nightmare for both of us. We just came for 3 weeks holidays and there is no possible way that I am to leave my wife here alone or even let her travel to Mexico and wait over there for an outcome of my PR application.
I want to come home with my wife. What will be the way for us to return home together?
