Family reunion denied; PLEASE help

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

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

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

Hi

lion2010 wrote: 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

She can complain all she wants, but she will still have to win either the ADR or the appeal.

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.