Cancelling a Spousal Appeal

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Subject: Cancelling a Spousal Appeal
  WHY YOU SHOULD CANCEL YOUR SPOUSAL APPEAL!

When any Visa Post refuses your Spousal Sponsorship application the applicant person interviewed (your partner PI) will have an idea of the reason for refusal.

Read carefully both refusal letters.

If you think you?re in the right by all means file an appeal with the Immigration Appeal Division. (IAD) Retain quality experienced authorized representative to assist and advise you regarding your spousal appeal.

Immediately apply for the CAIPs notes to get a clearer picture of any possible reason your partner may not be aware of as a reason for refusal.

CBSA will provide you with what is known as the record which will include your forms, Interview Notes, photos and other evidence you submitted to support your application.

In both the CAIPs and the Record show no serious reasons for refusal proceed with your spousal appeal.

If your appeal is not sent for an ADR alternate dispute resolution you should be very concerned!

THE REASON FOR REFUSAL SHOULD BE SOMETHING THAT ANY REPRESENTATIVE CAN OBTAIN SUFFICIENT EVIDENCE FROM THE TWO OF YOU TO OVERTURN THE REFUSAL AT AN ADR.

IF THE EVIDENCE AGAINST YOU IS A LEGAL REASON FOR REFUSAL CONSIDER STARTING ALL OVER AGAIN BY RE-APPLYING.

If a sponsor goes to a full appeal and does not win they can not sponsor that person again!

Today in a Toronto Newspaper is an article regarding an individual who was divorced in his mind but not according to the laws of his former country so his second marriage was not deemed a proper union.

Trying to speed up an application by cutting too many corners can cause your marriage not to be recognized by CIC.

Roy
www.cvimmigration.com

[23-02-2008,11:02]
[**.52.216.80]
Roy
(in reply to: Cancelling a Spousal Appeal)
Sat, February 23, 2008
Pakistan phone divorce tossed

By TOM GODFREY, SUN MEDIA



A Toronto businessman has been refused permission to sponsor his second wife to Canada because a telephone divorce conducted under sharia law in Pakistan is not recognized in Canada, a high court has ruled.

Tariq Amin lost a bid to bring his spouse here when an Immigration and Refugee Board in 2002 turned him down due to questions surrounding his Islamic divorce which they claim wasn´t registered in Pakistan, court documents show.

He appealed the rejection to the Federal Court of Canada, which last week threw out his claim.

Court heard Amin and his first wife Nazish Nayyar were divorced in 1993 over the telephone and in front of witnesses, in accordance with the Islamic decree of talaq (divorce). The divorce, however, was void since it was not registered in Pakistan until July 2005.

"I have never heard of a successful talaq case in Canada," Amin´s lawyer Wennie Lee said yesterday.

WHOM EVER RECOMMENDED HE APPEAL HIS SPOUSAL SPONSORSHIP TO THE IAD SHOULD BE SUSPENDED! EVEN IF THE CLIENT DEMANDED TO APPEAL THE ISSUES SHOULD BE EXPLAINED TO HIM IN THE CLEAREST DETAIL.

HE SHOULD OF WITHDRAWN THE APPEAL AND GOT A PROPER DIVORCE MARRIED AGAIN AND SUBMIT A BRAND NEW SPOUSAL SPONSORSHIP.

TAKING THIS TO THE FEDERAL COURT MAY HAVE BEEN HIS ONLY OPTION BUT THE ARTICLE LEAVES TO MANY DETAILS OUT.

Roy
www.cvimmigration.com

[23-02-2008,11:09]
[**.52.216.80]
Roy
(in reply to: Cancelling a Spousal Appeal)
I never knew that a failed appeal kills all future attempts.

wow. that little piece of information is worth a lot to a few folks.

thanks Roy!

[23-02-2008,12:43]
[**.155.160.37]
Sharon
(in reply to: Cancelling a Spousal Appeal)
To go to the Immigration Appeal Division then the Federal court this guy probably spent $8.000.00 - $15,000.00

If he would of flew to Pakistan and got a government approved divorce and remarried his new wife it would cost him the cost of flight, accommodation plus $550.00 application fee.

If your Visa Post is fast when it comes to spousal sponsorships and the reason for refusal is very simply explained it may be better not to appeal at all and just submit a new application.

Roy
www.cvimmigration.com

[24-02-2008,08:34]
[**.52.216.70]
Roy
Sponcership Refusal (in reply to: Cancelling a Spousal Appeal)
Dear Roy

I would like to tell you my story if you don´t mind. Please give me your advise.
I came to Canada in 2000 as a refugee claim. My file got refuse in all proces (appeal, PRA,HRC,). Finaly I got my deportation order in 2004 but I didn´t leave Canada.
On May 2005 I met a young lady who´s my wife now,so we start relaitionship for almost more than a year . In Jully 2006 she porposed to marry each other. We married in November 18 2006. My father in law came to canada for vising us on jun 2006. One day we went out for shopping and I got pull over and police arrested me because of immigraition warrant. My wife got a lawyer and he brought me out of jail and my wife sponcer me but immigration told me I have to leave Canada because my deportation order is active( In 2004 they ask me to put $5000 for bond to leave Canada but I didn´t leave at that time so they took $5000).This time they ask for $20000 for bail out , my wife she put that money and we leave Canada. We put our blongins in storage under our name.
We provide all the documents such as Canadian marriage certificate, Iranian marriage certificate, our birth certificats which have our name in each one as a wife and husband,photos from 2005 till 2008 include our wedding in Canada and photos in Iran with our family , photos in Canada with our friends and relatives, rental paper in canada signed by us,all the bills under our name with same address,clean creminal records fron Iran and Canada,Medical paper,etc. I had an interview in Damoscus in Feb 2008,they refuse the file because they didn´t believe the marraige is geniun.
Sir, Please tell us what we can do for profing our marriage. Our lawyer told me get anything can proff your ralationship anything with same address but what?
My wife passport says she is with me in Iran. Our parents want to get the petition.
We have a plan to have baby but I don´t want them to think this is the new story . I don´t want use my baby as canada visa but my wife pushing me to have baby because of being married for more than a year now, she loves baby.
My wife she didn´t come with me to interview just because our lawyer told us to do not taking her with myself. Now she says if she had come with me that was helpful.
now we are in appeal proces for ADR and IAD.
PLEASE GIVE US YOUR ADVISE.

Shahram

[26-02-2008,12:27]
[***.218.65.2]
Shahram
good source for immigration (in reply to: Cancelling a Spousal Appeal)
Hi All,

I would like to recommend this website which helped me a lot:
http://toronto.parslist.com

[26-03-2008,12:27]
[**.204.15.156]
Hossein
(in reply to: Cancelling a Spousal Appeal)
Shahram

Missed your posting.

Photos of the two of you laughing and having fun enjoying each others company is far better then anything. problem is your in Iran.

Your getting Legal advice and some of it is very good. Taking a spouse to your interview can greatly help in certain visa posts----others well!

Men are from Mars and Women are from Venus. If you have ever seen the old newly wed game you would understand.

Get the CAIPs notes and read the interview process very closely. How and why you failed will be explained there.

Roy
www.cvimmigration.com

[27-03-2008,08:36]
[**.52.218.157]
Roy
the system has me sick as hell (in reply to: Cancelling a Spousal Appeal)
i have a promblem first let me state from the begining i came to canada as a student 6 years ago being in serious money problem i work illegally immigration found out send me back except i didnt leave cause my boyfriend for years could bare me to leave and plus i was a victim of rape before i came here and was facing alot of issue with the rappest in my country he wanted to protect me he didnt want me to leave at all so we got married a marriage we were plan for and saving for my legal consultant also filed for refugee which was denied when we went for the interveiw we had no document to prove our marriage except a joint account and in addition to that i never knew he had an affair in which he has a 7 month old baby the immigration officer found out he had a kid ass us that i answer no he answer yes told me about it later and also told me he took me off his medical insurance at work and but the baby on it i knew nothing swear on my dead mothers grave we are from a christian back groung that marriage is taken seriously i really dont know what i can do to fix this i really do love him i know of his womenizing ways before it i forgive him cause i am difficult to deal with how can we fix this it states in the fusal lettter that whe dont meet requirements as a member in the spouse or commonlaw partner in canada class
[24-04-2008,22:58]
[**.150.45.19]
keke
Res Judicata (in reply to: Cancelling a Spousal Appeal)
Good point re: re applying if there´s a valid legal reason for the refusal. But ... a failed IAD hearing does not necessarily prevent all future sponsorships.
[20-12-2008,14:38]
[**.147.57.227]
Raj Sharma
Spousal Appeal (in reply to: Cancelling a Spousal Appeal)
Hi,

I have sponsored my husband but due to criminal inadmissibility his application was denied. He has 2 DUI´s and some credit card fraud charges from when he was in college.

The representative I have now says we should appeal on humanitarian grounds as none of his charges ended up with more than 2 yrs prison time.

Does anyone have any advice?

[28-12-2008,01:18]
[**.49.35.42]
Carol
caceling your spouse PR (in reply to: Cancelling a Spousal Appeal)
I wanted to ask tat is it possible that if we want to cancel a spouse PR can we cancel it or not?
[25-02-2009,17:25]
[**.53.152.26]
Hanna


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