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Harmonia View Drop Down
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Points: 609 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jul 2010 at 11:44am
Trainman - I would strongly suggest getting some form of qualified representation (immigration lawyer).  They have far more experience in fighting appeals than you do, and might have some tricks up their sleeve that you might not think about.  Make sure that when you choose an immigration lawyer that they have actual hands-on experience with cases similar to yours, and moreso - that they have been successful.
 
And yes - I agree with you - if you can prove the relationship is genuine, that should be good enough -- but sadly, the I/O didn't share that opinion.
 
Sometimes I wonder if they are secretly told to delay what they might consider 'non-conventional applications' - just to add enough stress to the situation to 'weed out' the non-genuine apps.  It's just a thought - and in no way indicitive of reality - but I've seen a few legit couples be denied, and that bugs me.
 
Again we ask the question:  how on Earth can someone "validate" a relationship with only a paper file, a 90 minute interview, and ZERO personal insight?  The entire process has more holes than swiss cheese. 
 
I can understand perhaps being able to identify 'high-risk' sponsors (i.e. people who have already sponsored one spouse into Canada, and are now trying for another) --- but how they make concrete decisions without concrete facts is beyond me.
 
It cant be an easy job though.  I am sure they realize that they are holding peoples' lives in their hands... lives that they can ruin at the flick of a pen.  I have not (yet) been at an interview - so I have no idea how the I/O's conduct the assessments.  They are just people - and while some people are compassionate, some are not.  I'm sure that they all get faced with challenges where there is a conflict between their own personal beliefs and CIC policy. 
 
Rather than identify that on-the-fly, they have the appeals process. 
 
Perhaps they would do better having a 'buddy system' for PR applications - where both parties need to agree on the outcome, and if they are deadlocked, a third party is brought in to swing the balance.  Nice idea - and relatively fair too - but can you imagine how long the process would take if they did that?
 
 


Edited by Harmonia - 02 Jul 2010 at 11:46am
Citizenship App Sent: December 2012
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trainman View Drop Down
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Points: 75 		Post Options Post Options   Thanks (0) Thanks(0)   Quote trainman Quote  Post ReplyReply Direct Link To This Post Posted: 30 Jun 2010 at 6:08pm
yeah i will join.  hey do you think it is a good think to get a lawyer or not?  i mean if you can prove your relationship is geniune, shouldnt that be it?
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tunisianbride View Drop Down
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Points: 122 		Post Options Post Options   Thanks (0) Thanks(0)   Quote tunisianbride Quote  Post ReplyReply Direct Link To This Post Posted: 30 Jun 2010 at 3:53pm
Originally posted by trainman trainman wrote:

oms i feel your pain.  however i am happy i will be seeing my wife very soon. i will deal figuring out a way to pay for it later.  and i call that number too to see if anyone can  help me too.  i need a good lawyer.  anyways is it true does anyone know if you have a good lawyer or something an appeal will happen faster?

 
I hear ya trainman (about figuring out how to pay for things later).  I suggest you join the "IAD appeals, ADRs..." thread now - the people in there are so helpful and we're all going thru the same pain.   Some have won without a lawyer - I may have to go it alone because I can't afford to keep flying down to Tunisia every 6 months 'and' pay for a lawyer. 
Oct.08/09-Appl.sent CPC-M
Nov.04/09-Approved
Dec.29/09-ECAS 'in process'
Jan.07/10-AOR-Paris
Apr.19/10-interview May 5th
Jun.15/10-Decision Made
Jun.25/10-'Refused'!
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trainman View Drop Down
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Points: 75 		Post Options Post Options   Thanks (0) Thanks(0)   Quote trainman Quote  Post ReplyReply Direct Link To This Post Posted: 30 Jun 2010 at 3:29pm

oms i feel your pain.  however i am happy i will be seeing my wife very soon. i will deal figuring out a way to pay for it later.  and i call that number too to see if anyone can  help me too.  i need a good lawyer.  anyways is it true does anyone know if you have a good lawyer or something an appeal will happen faster?
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tunisianbride View Drop Down
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Points: 122 		Post Options Post Options   Thanks (0) Thanks(0)   Quote tunisianbride Quote  Post ReplyReply Direct Link To This Post Posted: 30 Jun 2010 at 6:56am
I'm so sorry Oms to hear that your wife got a refusal letter.  It's really heartbreaking, I know.  Which visa office did you go thru?  You can call the Law Society of Upper Canada at 1-800-268-8326 and they will give you the name of an immigration lawyer in your area, and you can call them and get a 30 minute free legal consultation.  You can ask at that time, what the lawyer would charge, to represent you in the appeal.  Good luck and don't give up!
Oct.08/09-Appl.sent CPC-M
Nov.04/09-Approved
Dec.29/09-ECAS 'in process'
Jan.07/10-AOR-Paris
Apr.19/10-interview May 5th
Jun.15/10-Decision Made
Jun.25/10-'Refused'!
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Oms View Drop Down
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Points: 1 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Oms Quote  Post ReplyReply Direct Link To This Post Posted: 29 Jun 2010 at 11:21pm
tunisianbride, sorry to hear the bad news... I feel your pain and your frustration.
My wife got a refusal letter this morning and I can't think straight right now.
Same reason, they're not convinced that the marriage is genuine.
I really dont know how he made his decisions, since he refused to see all the documents my wife brought with her to the interview.
I guess my only option now is to appeal and wait a few more years
If someone knows a good immigration lawyer, please share..

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trainman View Drop Down
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Points: 75 		Post Options Post Options   Thanks (0) Thanks(0)   Quote trainman Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2010 at 7:44pm
is there anything about appeals on the canada immigration website?  i would like to find more info on it and i don't believe i would be able to my mp would help me, they weren't much help the last time i talked to them they didn't even know what caips was.
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rosa_bella View Drop Down
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Points: 95 		Post Options Post Options   Thanks (0) Thanks(0)   Quote rosa_bella Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2010 at 7:11pm
tunisianbride,
so sorry that you were refused.if you live in the toronto area,you can appeal before you get your copy of the refusal letter. you can get your hubby to send you a copy of his by fax you can bring it with you to victoria street at the immigration appeal office. let them know you are still waiting for your copy.the sooner you get it in there,the better.sometimes ADR takes upto a year,but you may be lucky to get an earlier date.go to your mp and see what they can do for you,i did and it helped me,i got a date within 4 months.i wish you the best of luck with your appeal.it's long road ahead,but never give up.
Our best successes,comes after our disappointments.
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rosa_bella View Drop Down
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Points: 95 		Post Options Post Options   Thanks (0) Thanks(0)   Quote rosa_bella Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2010 at 7:03pm
trainman,
               they will send you a copy of the refusal letter soon and in it will be instructions on how to appeal.sometimes it takes a while to get to you,if that's the case you can go down to the immigration appeal office in your area.you just need to get your spouse to fax you a copy of her letter and bring it with you.it took me a while to get my refusal letter;so i appealed without it,and they accepted it. good luck.
Our best successes,comes after our disappointments.
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trainman View Drop Down
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Points: 75 		Post Options Post Options   Thanks (0) Thanks(0)   Quote trainman Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2010 at 3:19pm
yeah i plan to appeal i am not too sure on where to find out about the appeal.  can someone give me a quick summer of what will happen?  i read i need some to represent more or something?  anyone know what they mean?   anyways, i plan to go to moscow as soon as i can to be with my wife, so i can cheer her up.  it's been tough on both of us.  let me just say, they the canada immigration screwed my plans and yeah i love my wife enough that we will fight this, i hope everyone here can help me out during this tough process.  we started to get some documents already.  i am ready for war.    
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