Wife Sponsorship refused..


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akar   
Member since: Jan 09
Posts: 12
Location:

Post ID: #PID Posted on: 28-03-09 22:41:44

Quote:
Originally posted by tamilkuravan

Hi Cd's,
If you guys, remember, there was a poster in CD (whom I know personally), who had been divorced in Canada and then he went to India to get married. His wife's visa was rejected based on almost the same reasons that you had mentioned. But he went for appeal and then got the visa for his wife and now their son is celebrating his first birthday.
So donot lose hope. I will give you some tips so that she will get the visa on the appeal.

1. File for the appeal. See if any lawyer is a specialist on handling appeals and take his services.
2. Take all the pcitures from the marriage / video's and compile it up.
3. take a letter from your MP (in Canada) saying that you are a responsible citizen (and that you are not a convention refugee who got a citizenship of Canada later)
4. Take a letter from Indian MP/MLA/IAS office that your father in law / MIL is a responsible citizen of India and that the marriage is a genuine one.
5. Get all the phone records.
6. Draft many letters to your wife dating from atleast 4 or 6 month before the actual marriage. In those letters, donot forget to list the characteristics of Canada like Snow, Recession, how qualified immigrants work in labour jobs ad hence how hard it is to get a job in Canada, how life will be a struggle but how you as a couple can over come it etc...
7. Type / get an affidavit stating that your marriage is a genuine one (get it from canada) and giving explanations to the causes for rejection as mentioned in the rejection letter.
8. A statement (supported by receipts) from your father in law (or whoever was financially responsible for the marriage) stating how much was spent for the marriage.
a. Food for how many people and the cost
b. Rent for the hall
c. Car expenses
d. Orchestra expenses
e. Dress expenses
f. Travel expenses (for all who were paid)
g. Gift expenses
h. Jewellery expenses and the grams of Jwellery put for the marriage
i. Honey moon expenses (suite, travel,petty cash, food)
j. Sound system, Photographer, Video grapher expenses.

The Canadian officials are only looking for proof and to save their back side. So let us go by their route and flood them with information so that they canot refuse the appeal. I have seen by experience that all the genuine cases get visa on appeal.

All the best for the visa.

Peace by TK






Much of what is said is reasonable.I think you need to look at what the immigration officer has said in the letter of rejection.In the final analysis you will need to prove that the marriage was a genuine one and that your wife not knowing much about you is not unreasonable.I think you will need a good lawyer to draft an appeal.And then have patience.I am sure it will work out.



tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 28-03-09 23:11:27

Quote:
Originally posted by Mr_Punjabi
-- No too much gathering in marriage. Marriage was not celebrated with much pomp and show.
--


I think that if they said the exact words or similar words to the same that you have said above, you have a very good winning chance of suing the Canadian Govt. for those words.
How can the Govt. assume that your marriage should be celebrated with much pomp and show to be considered legal and as a genuine case?
Are the Canadian officials in New Delhi unaware that a typical marriage in Canada is photographed in the park (nature) free of charge with the bride and groom and with say 5 or 10 of theur friends/ well wishers/ family? I really how dare the cdn. govt. officials say that and that too in india.
going by the above, will they not give spousal visa if the marriage was performed in the city office / police station or a registered marriage? Will they then refuse all cases like this?
Shame on the cdn. Govt.

Peace by TK


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I am a Gents and not a Ladies.


Mr_Punjabi   
Member since: Aug 04
Posts: 81
Location: India

Post ID: #PID Posted on: 29-03-09 12:20:57

Dear friends:

Thanx for your guidance. I really appreciate it.

Im posting here exact wording of reasons for refusal.

--------------------------------------------------------------------------------------
- You told me that your marriage to your sponsor was arranged by your cousin. In arranged marriages, prospective marital partners are encouraged to meet at least once before giving their consent to the arrangement. You stated that you and your sponsor did not meet prior to finalization of your marriage. This is unusual in a genuine marriage.

- An engagement ceremony, which demonstrates the commitment of the parties to the marriage, was not performed in connection with your marriage.

- Marriages, especially first marriages, are celebrated in India much pomp and show. The celebration comprises a long chain of ceremonies and rituals. Relatives, friends, neighbours and acquaintances from both sides are gathered on this occasion to witness the event and bless the couple. The reason for inviting a large number of people to the marriage is to give the marriage a due publicity. You stated that only close relatives from both sides were invited to your marriage. You could provide no explanation for not inviting your and your sponsor's other relatives and friends. I conclude that your and your sponsor's families did not want to publicize your marriage. Such would not have been the case had yours been a genuine marriage.

- In marriage photographs your sponsor appears to be serious and disinterested. The photographs show that he was not dressed up like a groom.

- The information obtained at the interview leads me to conclude that you and your sponsor went to Dalhousie for a night merely to take photographs for presentation in support of your application.

- You had no idea as to your spouse's income.

- You could not provide any evidence of the telephone calls that you stated that you made to your sponsor. Although you stated that you and your sponsor wrote to each other once or twice a week, the evidence provide by you does not substantiate your statement.

- The information provide by you at your interview and by your sponsor through letter from Mr. Derek Lee, M.P. is inconsistent.

As based on the foregoing, I have concluded that your marriage is not genuine and was entered into primarily for the purpose of acquiring permanent residence in Canada.

I am therefore refusing your application pursuant to section 11(1) of the IRPA.

--------------------------------------------------------------------------------------

Me and my wife were supposed to stay in Dalhousie for 3 or 4 days, but my father was feeling pain in chest and no body was at home to take care of him. So we returned back immediately to home to take father to hospital.

My wife's mobile number is prepaid and no call history can be obtained from vodafone.

There are lot of photographs with good smiling of marriage.

But friends, its bad luck.
And also I know some fake marriages go mostly in punjabis to enter in Canada. But this is my first and genuine marriage.

Its put so many hardships in coming to canada and upon reaching here they are giving us labour jobs..

Anyhow, Can anybody recommend good lawyer especially in Immigration litigation.

What about Green and Spiegel(www.gands.com) or Guidy Mammon (www.migrationlaw.com).

Please suggest me...

thanx



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 29-03-09 13:21:29

What about the letters / emails you guys might have exchanged before / after marriage ? -- SMS etc ??

Please do not be hasty in choosing a lawyer ------ Take at least a month before you select a lawyer to represent you ......... it might be time consuming but a good lawyer who does not fleece you and takes interest in your case is necessary for a positive result ...........

Please follow Tk's suggestions above and by re submitting the evidence (new) , you should hold a good chance ................ Its time not to be panicked but remain composed and have a detailed plan before filing for an appeal .

Browse on the internet on other related forums beside CD -- I am sure spouse sponsoring has been discussed in much detail elsewhere as well .


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Fido.


Mr_Punjabi   
Member since: Aug 04
Posts: 81
Location: India

Post ID: #PID Posted on: 22-11-09 21:12:49

Hi Friends:

My wife's visa was refused so I filed Appeal.
Now I received hearing date.
Pls guide or suggestions during hearing.
I have lawyer..

thanx



fin   
Member since: Aug 06
Posts: 36
Location:

Post ID: #PID Posted on: 23-11-09 04:10:15

Very true Fido!



Blue_Peafowl   
Member since: Dec 08
Posts: 1351
Location: Brampton, Ont, Canada

Post ID: #PID Posted on: 23-11-09 11:16:01

i would just like to add few things:

they will aslo look into following:

- Are you guys are in touch after marriage - by phone, e-mail, letter, sms etc..( what are the frequency ?)
Gift, present on important dates
- Do you provide finacial support after marriage ( very important)
- Did u visit her after marriage ? - proof 0f visit , as well as moment capture by photos

Even if you dont have enough proof to back u up at the marriage time,,,make sure you give them enough proof of your relationship after marriage.

it makes completly againts your case if u you dont saw enough intrest having strong relationship between u and your spouse ( atleast by communictaion), u need to saw - how badly you guys mish eachother, what are your future planing, waht are you guys doing to support each other..

hope this help li'l


NOTE: proof , proof , proof - Very imp to backup your case


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'Some goals are so worthy, it's glorious even to fail.' (Param Vir Chakra awardee Lt. Manoj Pandey)




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