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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 12:13pm
I'm so sorry... I can't imagine what you must be feeling right now.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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Saya View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Saya Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 12:35pm

I'm sorry about the outcome. It's so stupid and makes me mad that it's up to one person to deterime one's fate. This is a step that seriously need to be revaluated! I'm sorry that you have to go through this.

Meds - Apr 13/10
App rec'd CPC-M - Apr 21/10
Sponsor Aprvd - May 27/10
App In Process/Meds Rec'd - Jun 16/10
DM - July 27/10
PPR via Email - Aug 4/10
PP w/ VISA - Aug 24/10
CommonLaw - London
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justina View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote justina Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 1:16pm
tunisianbride

im so sorry to hear it!! i hope whichever decision you make to reapply or appeal is successful! This is such a tough process for everyone involved.
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tunisianbride View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote tunisianbride Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 1:28pm

The refusal letter that came to my husband today, was in French, and since I don't speak French, he read it himself first, then told me he was refused.  I didn't have long to talk to him this morning because I had to get to work, but I will be talking to him later today and I will see then if he can tell me anymore about what the letter says, but I imagine, it is because they don't believe our marriage is genuine.  Even though I knew this could happen, it's still a shock and you're never really prepared for this.  I have this philosophy, that when things really get you down and don't go your way, remember, things can always be worse, and there are a lot of other people in this world, and probably in this forum, who have it a lot worse than I do. 

Anyways, I would like to thank everyone for their support and best wishes - you people are really great and I really mean that!  (I guess you guys will all be stuck with me for a long time to come too)   Thanks again.
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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audball View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote audball Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 1:34pm
If we can do anything at all to help, let us know. We all want to help you as much as possible
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UKtoCAN View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote UKtoCAN Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 1:40pm
Tunisaibride,
 
The room is very much interested in helping and i am sure we will do our best to support and direct you. My personal contribution is for you not to give up and if possible re - apply and this time again provide every possible evidence and explanation. I am sure you have done this already but dont give up.
 
Go for it again. Appeal I read takes longand longer.
 
Folks what do you think about this?
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RobsLuv View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 4:07pm
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
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 4:10pm
Sorry about your bad news.

More optimistically, some appeals do not take as long as the timelines one often sees here. A friend of ours went through this, her husband from Morocco was refused, they appealed, and he was here far sooner than we imagined it would be. Their issue was, of course, the genuineness of the relationship . . . should note, though, that she made at least three trips to visit him in Morocco, including one after the refusal and before the ADR during which she took along her children. I think substantial physical contact is a huge positive factor.

Good luck!
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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trainman View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote trainman Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 5:30pm
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?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SteelAce Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 8:54pm
@tunisianbride
So sorry about your bad news, but even if it might take longer to complete this excruciating process, at least you can either appeal or re-apply.  Hopefully once you get a chance to discuss the letter more thoroughly with your hubby, it will clarify why this happened.  Good luck to you in your attempt to turn the tables on them.. hehe.
4/30-CPC-M
6/3-Sponsor DM
6/9-Approval letter; QC Cert. app. sent
6/17-Start Manila
7/2-AOR with PP & AOM request
7/19-PP & AOM received
8/13-Approval QC Cert.
9/7-DM :))
9/16-Visa received!
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