Family reunion denied; PLEASE help |
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lion2010
Junior Member Joined: 22 Dec 2010 Location: lviv Status: Offline Points: 16 |
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Posted: 27 Dec 2010 at 4:26am |
Hi,
anyone could help, please?? Family reunion denied : immigration says it is fake/ficticious marriage; and it is not i could asure anybody; even her parents[canadians] wrote a letter for our case that we have known each other 2 years before we got married[now it has been 3,5 years; friends, cousins of my wife all gave testimony and yet embassy says they think it is fake; what are my best options/?? any chance i could write somewhere[government of canada, MP, etc.] to fight it more effectively than just to appeal and wait[i know i have to appeal and we will] thanks |
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mithdi
New Member Joined: 21 Feb 2010 Status: Offline Points: 6 |
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where did the wedding happen? how many people attended? did u send pictures?
how did u decide to get married? pls share details in order to suggest!!
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RobsLuv
Senior Member Joined: 04 Dec 2009 Location: Canada Status: Offline Points: 745 |
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When the wedding happened, how many people attended, if they sent pictures, etc., is all irrelevant now. There is no point in making "suggestions" as to additional information that could have/should have been included with the initial submission of the ap. The application was refused - so now the only option left is to appeal.
As far as that: the appeal is not the applicant's process - it belongs to the sponsor. Your wife will file the appeal and attend the hearing(s). You may or may not be invited to participate. And to answer your question, no - there is nowhere else (government of Canada, MP, etc) where you can fight the decision "more effectively". When your wife gets her copy of the refusal, it will include information and a form to fill out and send in to request an appeal of the decision. That form needs to be submitted within 30 days of receipt. She will get an acknowledgment of receipt of the form and then she will have to wait for them to send the Appeal Record - which is, basically, the case file. At about the same time she receives the AR, she will receive a request for her to submit additional evidences. She should have a lawyer help her prepare them because this is her chance to submit additional, stronger proofs in support of your case. Once those are received by the IAD (and there will be a time limit for submitting them) they will schedule a hearing - it may be a full hearing or an ADR hearing. It's likely that the case will be assigned to an Alternative Dispute Resolution hearing (most "non-genuine" cases are), so depending on which Immigration Appeal Division (IAD) handles her case (this depends on the Province she lives in), it could take up to a year from the refusal until the ADR happens. The ADR is a type of mediation where the appellant (your wife), her counsel, counsel for the Minister of CIC and a mediator go over the facts of the case (which is when/where they will assess any additional proofs of your genuine relationship that she will have provided through her attorney with the Submissions of Evidence/Documents) and the mediator makes a recommendation to Minister's counsel whether to "consent" to allow the appeal if the evidences are strong enough that the mediator believes the case would be won at a full appeal. The "glitch" is that Minister's counsel doesn't have to take the mediator's recommendation and, if MC believes the CIC has a stronger case, s/he can refuse to consent and then your wife would have to decide whether to go on to a full appeal hearing (probably another year), or to abandon the appeal. The difference between the ADR hearing and a full appeal is that, at the full appeal, a "panel member" (or Judge) makes the decision after hearing both sides. At the ADR hearing, the counsel for the Minister of Immigration has all the power to make the decision and, considering the fact that they are there to uphold the refusal, there's always the chance for a conflict of interest. You also have the option to file a new application but the problem is, if they didn't believe the relationship was genuine the first time around, the visa office is likely to refuse again . . . unless it was just a case where you didn't submit any proofs of your genuine relationship the first time around. The appeal process is the only process by which a positive decision can be made based on "humanitarian and compassionate" discretion . . . in other words, when there is a lack of "hard" evidence of the relationship, an approval can still happen through appeal simply based on the sponsor believing in the relationship and wanting to continue it. You should join this IAD apppeals, ADR thread for more information and support/encouragement from others going through appeal. Edited by RobsLuv - 27 Dec 2010 at 3:59pm |
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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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lion2010
Junior Member Joined: 22 Dec 2010 Location: lviv Status: Offline Points: 16 |
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I am really GRATEFUL guys;
just to clarify: yes we did send evidences; all we could; the wedding took place in canada and in Ukraine[at church = 40 people;relatives] so, i doubt the wedding and people had anything to do with it; nothing else helps = jeez thanks a lot |
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lion2010
Junior Member Joined: 22 Dec 2010 Location: lviv Status: Offline Points: 16 |
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i got the damn letter which explains why we are denied;
every point on which SHE[imm clerk] based her argument is a LIE i told her totaly different things and yet she says that the way she wanted= lies; for example: she says "you started dating right away after you met you wife; people need to know each other before they date..." and yet in application and on my interview i told her as it was "we met in May 2007; met around 12-15 times afterwards and then in August 2007 i invited my wife to concert on first date; we wanted to know a bit each other before we date for real..." evan my wife , who was sitting right behind the door when i was interviewed, heard and remembers that; ANY WAY my wife CAN file and COMPLAIN TO [head office or somewhere] AGAINST such actions by imm clerk? i mean: complain that the clerk lies and that is not acceptable to my wife as Canadian citizen? thanks |
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sugahmonstah
Junior Member Joined: 27 Nov 2010 Location: NWT Status: Offline Points: 123 |
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First of all....sorry to hear about your troubles....sounds like you have the long road of an appeal ahead of you. Omg this scares me....I met my husband in a video game. sure we "knew" each other in the game but since the day we met in person we have been together. I didn't realize it was frowned upon....how you meet or how much time you knew your spouse before dating them....with us it was BAM....Instant.
Out of curiosity....you said that was only one example....how many reasons did they have for denial? Can you give us more examples? |
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Outland Sent 11/30/2010
Received Miss 12/2/2010 Sponsor approved 01/17/2011 Received Buffalo 01/26/2011 Applied for VR extension 03/14/2011 extension approved until MAY 2013!!! 05/09/2011 |
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
She can complain all she wants, but she will still have to win either the ADR or the appeal. |
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PMM
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MajidS
Average Member Joined: 27 Jan 2010 Status: Offline Points: 228 |
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Raising a complaint will not do you any good, my personal opinion. Immigration officers are mostly immune to any outside attack. Your best bet is to calmly regather all documents and have your spouse appeal the decision. Chances of an appeal succeeding are much higher. No other option will do you any good. Only use up your energy and money. |
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PakCanadian
Top Member Joined: 16 Dec 2009 Location: Toronto Status: Offline Points: 808 |
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lion 2010, Don't waste any more time but to file the notice of appeal to IAD within 30 days. Like, other forum members have already suggested you the next course of action i.e filing an appeal. However, you might find it more appropriate to re-apply if the case situation permits. In my practice, I have noticed that many of the time it is not worth going through appeal process but simply to re-apply instead. U need to contact my office (if you wish to) to discuss the case specific details and we will advise you the next most appropriate course of action as we can not discuss your private life in an open public forum like this one.
Either way, your wife must act quick.
Choice is all yours my friend.
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Canadagirl21
Junior Member Joined: 05 Nov 2010 Location: Toronto Status: Offline Points: 19 |
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Hey Lion
Did you do inland or out land application?
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Application: Started...
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