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natnat View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote natnat Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jun 2010 at 11:27pm
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.
 
Cheers
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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: 26 Jun 2010 at 6:33am
sh*t my wife got a decline letter as well i don't Know what to do. I guess I have to book a trip to see my wife so much for our plans. My wife doesn't even want to go to Canada anymore. I feel like sh*t and tomorrow is my birthday last thing I wanted to hear
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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: 26 Jun 2010 at 11:20am
trainman, am sorry to hear this but can you share your timeline and possible the reason given inthe letter.
 
sorry for the bad news. What is your next step? Are you appealing?
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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: 26 Jun 2010 at 11:34am
I'm so sorry trainman that your wife also got a refusal letter. Unhappy I know how you're feeling right now.  I always say, that everything happens for a reason.  I can understand your wife feeling discouraged about coming to Canada now, especially, when they treated her so badly in the interview.  I guess the demeanor of the VO at the interview, doesn't mean a damn thing,  because my husband's VO was so nice and so he thought this was a good sign.  Yeah, right!  I guess this is the only thing we can do right now, other than file for an appeal, is to go see our spouses as soon as possible.  For me, I just came back from Tunisia last month, so I won't be able to get back down there again until October, and, I will have to beg my boss to give me some extra vacation time, as I only got 4 days left this year.  Yeah, go see your wife ASAP and you guys really need to talk this out.  Hopefully, everything will work out for you two, but the thought of waiting another 2 years to finally be able to start your life together, well, that can be quite daunting and depressing. Good luck to you trainman - my heart goes out to you.Hug
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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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: 26 Jun 2010 at 12:13pm
Originally posted by RobsLuv 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. 
 
It takes one year for ADR?  I thought it was only 6 months and was a lot faster than a full appeal?  no?  I get very nervous in courtroom-like settings and can't think straight.  Do you think I should get a lawyer?  How long does it take to find out if you can go by ADR and who decides this?  Boy, have "I" got a lot to learn about the appeal process as I haven't a clue as to what to do.  Thanks. 
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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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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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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rosa_bella View Drop Down
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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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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: 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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Oms View Drop Down
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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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