Bad News...

RobsLuv wrote: Yes, appeals do take a long time - but re-applying will go through the same embassy that already refused him and that can be a strike against him as they're going to be interested in justifying their original decision again.  I don't know that tunisianbride could feel confident that the application would be dealt with fairly - and it would be devastating to go through a whole new application just to come out on the other end with the same decision.  Believe me, I know how devastating this whole process can turn out to be - and  how unfair it sometimes seems that we have no control over what they decide . . . no opportunity to address concerns - and this actually goes against the Guidelines for Procedural Fairness that are included in Section 8 of the OP1 Processing Manual.  We have found, at least in regards to our embassy, an extreme lack of communication.  Our legitimate inquiries - both during the initial processing and now, during reprocessing after 2 years in the appeal system - are met with silence.  I don't know if they are just overworked, or if this is a deliberate refusal to provide information or "help" - but the results, in our case, have been disastrous and I find myself wondering if it's going to be more of the same in the months to come.  The Canadian government desperately needs to appoint an advocate for Canadian sponsors so that someone besides the MP's office can help sponsors when there are questions/concerns. Your husband's letter will tell the reason for the refusal - probably they weren't convinced, after the interview, that he is not just using the relationship to get into Canada.  You will receive a very similar letter yourself, and information on how to appeal the decision.  Most MOC cases go to an Alternative Dispute Resolution hearing where you can submit more evidences of the genuine nature of the relationship and ask to have the case allowed on Humanitarian and Compassionate grounds.  It takes about a year to get an ADR hearing.  If the Minister's Counsel is not convinced at the ADR, s/he will refuse to "consent" and you can either abandon the appeal or go on to a full hearing.  It's typically another year until you get to a full appeal.  Whether you win at ADR, or later through a full appeal, the case goes back to the original visa office for reprocessing afterwards and they can't refuse for the same reason.

You're right Robsluv - I talked to my husband at length last night on the internet, and he told me that the letter said, that they weren't convinced after the interview, that our marriage was genuine, and that he was just using me to come to Canada.  First of all, if my husband married me just to come to Canada, I am sure he would've kept searching until he found someone closer to his age, that wasn't married at the time (but separated), and that hadn't already sponsored someone before.  He's not stupid, and knew that it wouldn't be easy, and maybe even impossible, but when you're in love, you go for the impossible sometimes.  Initially, I was going to go live with him in Tunisia, as he was expecting a rather large inheritance, but that didn't come thru as planned and is now tied up in the courts.  He wanted to buy a small farm in Tunisia and he knew he could make a comfortable living from that, and be able to support me too.  But our plans changed once he knew he wasn't going to get this money probably, for quite some time. 

trainman, am sorry to hear this but can you share your timeline and possible the reason given inthe letter.

Girl!! sorry about the sad news and please don't give up, You will get it at the end of this long dark tunnel, and lots of us here will guide you thr this difficult moment. I know how hard and how sad you are right now.  Send in the appeal letter as soon as you got the refusal letter. and if financial available, try to get a immi lawyer to help, that will make a difference.

hey guys let me ask you this how come, some of us who are lucky enough find somebody we truly love and then get married, then get denied.  while other such as some of my friends who i know get married in an arranged marriage get married are allowed right away.  i have two friends who got married in india and iraq and then it was like 4 months their wives were heard.  and the worst part is one of my friends admitted to me he has no feelings for his wife at all.  makes you wonder.  do they also basis it on if they view if the marriage will work out kind of thing?

Yes, appeals do take a long time - but re-applying will go through the same embassy that already refused him and that can be a strike against him as they're going to be interested in justifying their original decision again.  I don't know that tunisianbride could feel confident that the application would be dealt with fairly - and it would be devastating to go through a whole new application just to come out on the other end with the same decision. 

Believe me, I know how devastating this whole process can turn out to be - and  how unfair it sometimes seems that we have no control over what they decide . . . no opportunity to address concerns - and this actually goes against the Guidelines for Procedural Fairness that are included in Section 8 of the OP1 Processing Manual.  We have found, at least in regards to our embassy, an extreme lack of communication.  Our legitimate inquiries - both during the initial processing and now, during reprocessing after 2 years in the appeal system - are met with silence.  I don't know if they are just overworked, or if this is a deliberate refusal to provide information or "help" - but the results, in our case, have been disastrous and I find myself wondering if it's going to be more of the same in the months to come.  The Canadian government desperately needs to appoint an advocate for Canadian sponsors so that someone besides the MP's office can help sponsors when there are questions/concerns.

Your husband's letter will tell the reason for the refusal - probably they weren't convinced, after the interview, that he is not just using the relationship to get into Canada.  You will receive a very similar letter yourself, and information on how to appeal the decision.  Most MOC cases go to an Alternative Dispute Resolution hearing where you can submit more evidences of the genuine nature of the relationship and ask to have the case allowed on Humanitarian and Compassionate grounds.  It takes about a year to get an ADR hearing.  If the Minister's Counsel is not convinced at the ADR, s/he will refuse to "consent" and you can either abandon the appeal or go on to a full hearing.  It's typically another year until you get to a full appeal.  Whether you win at ADR, or later through a full appeal, the case goes back to the original visa office for reprocessing afterwards and they can't refuse for the same reason. 


Edited by RobsLuv - 25 Jun 2010 at 4:10pm