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Alex121 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alex121 Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2011 at 5:06pm

Hello lonely

You need to be strong and you need to remeber that death is the only thing you cant fix or do something about it  look at the bright side at least you have a 2nd chance to prove them wrong. Keep your head high and be strong.Good luck in you process
Have faith until the last breath, remember your faith can be as big that it can move mountains :)
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lonely View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lonely Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2011 at 4:48pm
Hey everyone well I am officially pissed off.... lastnight because of my husbands denial my dad was upset and ended up having a very bad stroke. so now to top off everything i have to wait for the next 24 hours to see if he will make it through or not. I hate immigration and our so called Canadian government.
apps miss mar 18
sponsorship approved may 11
apps sent to paris may 11... May 5 got letter and husband denied waiting for ADR..
AOR recieved july 1
apps in process june 23. inter. Nov8 DM Nov 16
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Harmonia View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2011 at 11:53am
Lonely...
I am *so* sorry about the denial.  You have to fight this.  Be strong.
Remember why you started the process in the first place - because you love each other and want to be together.  I am certaing that, more than ever, this is still true.
 
I'm saddened by the fact that it took 6 months for them to tell you, which just adds unnecessary wait time to your already agonizing situation.
 
If your love is true, and your marriage strong - it is worth every minute of the fight.  I know that right now feelings can be bruised, and you've both had a lot of time to form resentment towards 'the process'.   You're going to have let it go, and move forward with stage 2 of your fight. 
 
As other have suggested, I agree with the 'probably not a good idea to mention that your husband wanted to burn your passport'.  Also - it probably not a good idea to say that he never wanted to come to Canada in the first place.  I'm sure that your case will go much better if he truly wants to be here. 
 
Anyhow - I understand your situation, and really hope that you can make it through to the end. 
 
I'm pulling for ya!
 
Citizenship App Sent: December 2012
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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: 08 May 2011 at 12:44pm
I completely agree with dpenabill - and wanted to add that your family and friends will not be allowed to attend the hearing and speak on behalf of your relationship.  In fact, involving family and friends could actually work against you.  Immigration Canada looks at it this way: someone who is using a relationship to get into Canada is not going to succeed without "snowing" the sponsor and all of their family members and friends.  If Minister's counsel could get any of your family members or friends to admit to having ever had doubts (and who wouldn't about a long distance relationship - shoot, my hubby's friends had doubts about us just because I lived in California and he was 2700 miles away in Ontario!) they would use that to support their position, rather than listening to your family/friends say they were finally "won over".  Even letters of support from them will not add anything to hard evidences of yours and his time spent together, evidences of constant communication with one another, and a sharing of life to the utmost extent it's possible to achieve under the circumstances.  Whatever you submitted with your application by way of evidences was not enough to convince the officer assessing the application - which is why an interview was required.  It's possible that there was never going to be enough evidence presented - but this is your chance, now, to add to what you originally submitted and strengthen your case before (hopefully) an unprejudiced review.

What will happen first, after you submit your request for appeal, is that Paris will be required to send a copy of your entire immigration file to the Immigration Appeal Division (IAD).  This is what they refer to as the "appeal record".  Once you have that in hand (90-120 days) you can contact a lawyer and start preparing your case.  Make sure, when you get your AR, that copies of ALL of the supporting evidence you submitted is included (it probably won't be).  If anything is missing, replace those proofs from your records.  In addition, start collecting any evidences you've obtained since you submitted the application - phone records from both of you showing calls made to each other, letters, emails, chats, proof of your visits to him (I'd strongly suggest you take a trip to see him again, especially if you haven't recently) and photos of those visits.  Bulk up what you already presented.  Depending on which IAD handles your case (that's determined by your Province), it could take up to a year for you to be scheduled (probably) for an Alternative Dispute Resolution (ADR) hearing.  This is how they normally propose to resolve MOC appeals.  You and your attorney meet with the attorney for the Minister of CIC (Minister's counsel), and a mediator, and together you are supposed to go over the merits of both sides and the mediator then makes a recommendation to Minister's counsel as to how strong they feel your case is.  If the mediator feels that your case would be allowed at a full appeal hearing (before a panel member who acts as a Judge), s/he will recommend that MC "consents" to allow the appeal without going to hearing.  If they mediator feels that CIC's case is stronger, they will not recommend "consent" and you will be given a choice to abandon the appeal or go to a full hearing to be heard by a panel member.  The thing to be aware of for an ADR is that Minister's counsel pretty much runs the show.  Some MCs do not even let your counsel speak, and even if the mediator recommends "consent" - MC does not have to agree and can still refuse (this is what happened to us). 

If this happens and you choose to go to full hearing, you could wait another year - again, depending on the IAD office handling your case.  But at a full hearing, you and your counsel are more on a level playing field with Minister's counsel.  The "panel member" who oversees the hearing makes the final decision based on hearing both sides and "judging" who makes the stronger case.  It's also important to know that MOC appeals can be "allowed" based on Humanitarian and Compassionate consideration - embassy officers do not have H&C discretion . . . so this is where personal feelings, dreams, hopes have a voice.  It is not all about the hard evidences at either the ADR or the full appeal hearing - but the hard evidences must still be there to back up your belief in this man and this relationship.  I hope that makes sense.

It will be a hard, frustrating road but if you guys are the real deal, you'll make it through.  Just be prepared that the next little while will feel like a chess game where you make your move and then wait for what feels like an eternity for them to make theirs. 

The one positive in this is that CIC has just introduced a new pilot program for what happens to cases once an appeal is allowed.  It has been that the application then went back to the overseas embassy that refused it, to be reassessed.  That is not happening in this new program.  All allowed appeals are to go to a processing office in Ottawa where they will be reassessed and finalized.  The objective is to eliminate some of the terribly long waits that some families have had to endure even after proving their case and winning appeal.  For us it was 10 months to refusal, 11 months to the ADR, 13 months after that to the full appeal, and then another 10 months for reprocessing.  All in all, from the time we submitted the application until the passport request finally came through - 3 years, 8 months and 16 days.  And then another 2 months exactly until landing.  Hopefully this new program for reprocessing will at least cut down on the wait once things are resolved.

Best of luck to you - join the IAD appeals thread here for support and more info - and keep believing.  There is a light at the end of the tunnel.  
 

Edited by RobsLuv - 08 May 2011 at 12:48pm
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: 08 May 2011 at 1:57am
I echo concerns about the "burning" your passport stuff. To actually do that would of course be a criminal act (against Canada, by the way, if your passport is a Canadian passport, since a Canadian passport is the property of Canada, not the passport "holder") and inherently abusive, and does not reflect all that well on the person uttering the threat.

While to you it sends a message about the strength of his intentions toward you and especially as to the level of his commitment, to a stranger (and bureaucrats are always strangers) it suggests either histrionics (an overly dramatic display) or, if taken seriously, an inappropriate possessive if not aggressive attitude.

Focus on hard facts that illustrate the level of involvement in each other's lives (physical contact a priority, extent of communication otherwise looming very large), and also on his level of attention to (and command of) the details in your life, your family, your history, your work, your living arrangements.

Personal exhortations of love (or commitment) are not worth a whole lot. Acts, and interest shown by acts and knowledge (about each other and each other's lives), weigh far more.

It is worth remembering, again, your objective is to persuade strangers. Step back from the evidence and try to see things like ordinary bureaucrats might. You know, you believe, so you see the facts in a different light than a skeptical stranger, a doubting bureaucrat will. It is not easy, but try to see things more through their eyes, and again recognize that facts, that is the what, when, who, where, how and so on, count a lot more and especially so when a whole lot of facts can be lined up showing acts and communication and attention reflecting a committed relationship. Not at all easy to do in a long, long distance relationship. That's the challenge. It takes some substantial effort, an almost daily effort probably. That's how it is though. But it is the rest of your lives hanging in the balance and if you both know what you want, the way there may be hard but you can do it. And when you have made it, you'll know how hard you worked to get there, and perhaps be able to cherish what you then have with each other more than you would have otherwise.   

Edited by dpenabill - 08 May 2011 at 2:07am
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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sugahmonstah View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sugahmonstah Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2011 at 11:00am
Are you sure talking about him wanting to burn your passport is a good idea?

I personally...would focus on showing the relationship is genuine like stated bring family let them talk about you as a couple....the whole passport burning thing seems pretty aggressive! Lol...jus sayin'

Talk about love and plans for your life together and memories and things you do and plan to do....don't just focus on that whole arson thing. Is it even legal to burn a canadian passport?   I understand he did it out of passion but I'm not sure if immigration will see it that way....focus more on your marriage and less on how he doesn't even want to be in canada....imo.
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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lonely View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lonely Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2011 at 8:42am
I am ok and will win this fight... it states in my husbands letter that if I can prove we are genuine then his visa is waiting so I have most of my family and friends going with me to tell them that they have all talked to my husband and he has told them all that he wanted to burn my passport and wanted me to live there and that it was my choice to bring him to Canada because of my health and for my family.. My husband never wanted to come to Canada he has always wanted me to stay there with him but when I am there I get very sick. so I am sure I can prove the officer wrong and my husband will be here soon......
apps miss mar 18
sponsorship approved may 11
apps sent to paris may 11... May 5 got letter and husband denied waiting for ADR..
AOR recieved july 1
apps in process june 23. inter. Nov8 DM Nov 16
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love View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote love Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2011 at 6:22am

oh my god. i can not believe what they are doing to you. i am in shockCryCry be strong and fight for your right. i look up at you and wish you the best.

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lonely View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lonely Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2011 at 3:31pm
Thanx everyone for the well wishes and believe me I am strong.... My husband is hurting worse then me just because I was prepared for this and when i go for my appeal I am going for all who are going through this BS..... What they don't know is when we got married my husband was going to burn my passport so I couldnt leave and that he never wanted to come to Canada.. I have many people to stand up for this so lets see what happens it should be good...... I used to be proud to be a Canadian but now not so much.... to much racism in this world and now that I have seen so many Tunisians denied I will stand for them....
apps miss mar 18
sponsorship approved may 11
apps sent to paris may 11... May 5 got letter and husband denied waiting for ADR..
AOR recieved july 1
apps in process june 23. inter. Nov8 DM Nov 16
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Alex121 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alex121 Quote  Post ReplyReply Direct Link To This Post Posted: 06 May 2011 at 1:27pm
I cant believe this at least they could have notified you right away so you can start the appeal process, but now theres nothing you can do besides fight I know you may feel bad but rememeber at the end of every tunnel theres a rainbow waiting for you and your spouse. Wish u all the best and hope everything goes well
GOOD LUCK
Have faith until the last breath, remember your faith can be as big that it can move mountains :)
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