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| Subject: sponsorship appeal hearing gone bad |
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Just had my sponsorship appeal hearing and unfortunately I could not afford a lawyer. Yes, I know I should have found the money for it, but could not. All the evidence I provided to the hearing was submitted and accepted. Visa application originally refused based on they believed married was strictly for immigration purposes. The lawyer representing immigration Canada insinuted that due to the fact I was overweight and over 40, my husband knew what to say to get me to marry him. What would my weight have anything to do about it and is this a human rights issue him stressing that because I am over weight, I am vulnerable to a man and can not think for myself. Do I have any recourse should the decision go against us?
[28-08-2012,23:34]
[**.239.18.226]
Janice |
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(in reply to: sponsorship appeal hearing gone bad)
Janice
Well lets see you couldn´t put together $3,000.00 Canadian (average fee) over time to pay an experienced Counsel. Paralegal or Consultant and probably went to the BIG name huge Law Firm and were told 5K.
Now your only option is when refused go to the Federal court for even more money.
Should of, could of, would of if I only knew.
I say the same thing to myself in the morning I see what the winning lottery numbers where from the draw the night before. If I only knew.
On my sight under Spousal Sponsorship
"Reasons why files are Rejected/Delayed"
Unusual situation not properly explained such as age difference, cultural difference, ethnic makeup, etc.
Now if you are overweight and your partner has washboard type stomach (abs) like Beckham of course it would be a potential for a reason for refusal. No different then some homely redneck looking farmer guy from nowhere sponsoring a women who is always wearing high fashion. Some would say they don´t mix.
Your appeal hearing to be heard easily took (one year) and you could save up enough funds or pay over time to afford Counsel.
You probably DIY completed your spousal application forms yourself and refused to pay for advice then.
From your posting it appears that you did not even have an ADR alternative dispute resolution so there had to be more reasons listed for refusal in the record then just your weight.
The odds of one decision maker member at the IAD being over turned by another decision maker at the Federal Court SLIM TO NONE!
Should of, could of would of!
Roy
cvimmigration.com
[29-08-2012,05:56]
[**.245.183.211]
Roy |
(in reply to: sponsorship appeal hearing gone bad)
There´s no human rights issue here. They were pointing out incompatibilities that made it seem likely that your husband is using you to get to Canada. These incompatibilities can be age, fitness, economic status, religious background, language, education, culture, etc. etc. etc. If you have more than one of these red flags - you can expect your relationship to be questioned. It´s also CIC´s job to point out why you might be convinced the relationship is real when in fact it isn´t. (Not judging the actual state of your relationship - just giving CIC´s perspective.)
Sorry you had a bad day. As Roy said, too bad you didn´t come with help and weren´t better prepared. These hearings aren´t meant to be picnics.
[29-08-2012,06:23]
[**.30.88.202]
Anonymous |
(in reply to: sponsorship appeal hearing gone bad)
So I guess, we don´t have any recourse after we are given the decision from the judge then. No where else to go? I guess blind faith in the genuineness of our marriage was not enough. You are right should have could have. Also listening to other people regarding cost of a lawyer was another huge mistake
[29-08-2012,09:51]
[**.239.18.226]
Janice |
(in reply to: sponsorship appeal hearing gone bad)
Roy,
It is Should´ve (as should have) not "should of".
So SHOULD´VE, COULD´VE, WOULD´VE....drop the "of".
Janice,
Appealing the decision with the federal court is a waste of money and everyone else´s time.
Make a list of all the things that were questioned before and re-apply. I would HIGHLY recommend you to get someone experienced to help you out with the applications, there were key factors missing and raised all the flags.
Also get your CAIPS notes and review them.
The other option is that your husband can apply under his own merits if he meets the current criteria.
[29-08-2012,10:27]
[***.115.153.178]
DocD |
(in reply to: sponsorship appeal hearing gone bad)
I was not aware that I could re-apply. I was under the impression, that once it was refused appeal through the courts was the only option. If that is an option then definately would look into with the assistance of a trained professional. Definately don´t want to make the same mistake twice.
[29-08-2012,10:42]
[**.239.18.226]
Janice |
BARBARISM (in reply to: sponsorship appeal hearing gone bad)
Loose his medal, should of would of, firstable business must be dropped.
[29-08-2012,12:07]
[**.239.245.220]
Anonymous |
(in reply to: sponsorship appeal hearing gone bad)
SHOULD HAVE
I had not had my morning coffee when I replied earlier. I get it English is not my first language.
Okay you should have done it right the first time.
So now the Visa post will kick your husband for another interview so your application has to be three times better than the previous application or you will be appealing again.
Best of luck
Roy
cvimmigration.com
[29-08-2012,12:44]
[**.229.22.103]
Roy |
(in reply to: sponsorship appeal hearing gone bad)
Thanks for the input. Will see what the decision is when it is mailed to me and will take it from there. If we lose then will definately seek legal assistance when reapplying. Any good referrals that are not going to cost me an arm, leg and kidney?!
[29-08-2012,21:40]
[**.239.18.226]
Janice |
(in reply to: sponsorship appeal hearing gone bad)
@ Janice
Yeah GO CHEAP be penny wise and pound foolish another time.
This is suppose to be the man of your dreams, Mr. Wonderful. The man you wish to spend the rest of your life with. Yet you will hire the cheapest authorized adviser out there.
Well some can´t be helped.
Roy
cvimmigration.com
[31-08-2012,06:47]
[***.113.87.90]
Roy |
(in reply to: sponsorship appeal hearing gone bad)
Hey Roy, I have no idea what a reasonable price is for a lawyer. Will do anything to get him here but would like to not have to accumulate 10s of thousands of dollars in debt in the financial times.
[31-08-2012,17:09]
[***.50.172.1]
Anonymous |
