|
|
| Subject: Immigration Appeal |
|
|
|
I have sponsored my wife and she has just received a refusal letter. I´m sending you part of this letter in Quotations. I want to appeal this decision. Would you please let me know your response for the following inquiry.
1. Could I appeal myself or I have to have a lawyer.
2. Roughly, how much a lawyer´s fee would be?
3. Does anyone would know any good reasonable lawyer.
4. What info/doc you would need to file the appeal.
5. What are the chances to win this appeal or to get an ADR(alternative disputive resolution).
6. Should I reapply or appeal? Which one makes more sense in my case?
Please note that the basis the immigration officer used to refuse my case is quite base less. This is what he said in QUOATATIONS and what are the facts.
---------------------
"The fact that your marriage with the sponsor was not consummated even when sponsor was present at the time of wedding."
-------------------
The marriage took place in March 2004 and I returned back to Canada on the next day.
Of course, I did not have enough time to consummate the marriage. Also I had left two small kids
behind in Canada and I had to take care of them.
Beside, it was decided to have just a Nikah (Marriage Ceremony) and let the immigration process begin. And the Rukhsaki (consummate the marriage) would take place after she gets a visa and then I´d go back to Pakistan and have a proper honeymoon.
I knew it takes a while before she would get a visa, so it made no sense to consummate the marriage. Who would take care of her if she becomes Pregnent?
----------------------
"The fact that the wedding photos suggest that it was not a traditional wedding and only a few people are seen in the wedding photos."
---------------------
This is crazy. There were about 60-70 people attended the marriage. I never thought that the immigration officer would require each and everyone´s pic who attended the wedding. Nevertheless, I have submitted pics that showed at least 15-20 people including the priest, Witnesses, Bride and Groom, Parents, siblings, family and friends.
--------------------
" The fact that the sponsor is senior in age and has two children from his previous relationship while this is first marriage for you."
-------------------
Again, this is a stupid argument. Which law prohibits getting married to an unmarried person if you were married before or had children? And where its´ written that the age difference is a matter when you get married. Beside, she is an adult and not a minor.
------------------
"You claimed that sponsor has been married and not in common law relationship and this statement raises the issue if sponsor was legally free to marry you. "
-----------------
This is not true at all. This was HIS statement and not hers. My wife never claimed that statement. Beside, in Pakistan how many people really know the difference between Marriage and Common-law relationship. The immigration officer completely ignored the fact that my common-law relationship was ended in early 2003 and that my application was approved from Canada and it was already determined that I was legally free to marry.
Regards,
Torontorian
[23-04-2005,03:32]
[***.154.197.130]
Torontorian |
|
(in reply to: Immigration Appeal)
------
-"The marriage took place in March 2004 and I returned back to Canada on the next day.
Of course, I did not have enough time to consummate the marriage. Also I had left two small kids
behind in Canada and I had to take care of them."
------
How the hell can you justify not consummating your marriage with your above reasoning? It doesn´t really take all that much time(and from what I hear Indies like to get it over quickly so they can show off the bloody sheet) and if you really love her I´m sure your kids in Canada won´t mind waiting an extra couple minutes for you to get your rocks off.
------
"Beside, it was decided to have just a Nikah (Marriage Ceremony) and let the immigration process begin. And the Rukhsaki (consummate the marriage) would take place after she gets a visa and then I?d go back to Pakistan and have a proper honeymoon."
------
"Then" you will "go back to Pakistan". Why the hell didn´t you just wait until you will have more time to properly marry?
------
"I knew it takes a while before she would get a visa, so it made no sense to consummate the marriage. Who would take care of her if she becomes Pregnent?"
------
It´s called contraceptives buddy, this is the lamest excuse out all the ones you have given.
I´m sorry, but I can see why the immigration officer has his/her doubts. I would suggest you hire a very, very good laywer and as for price I´m very, very sure it will not be cheap.
I wish you good luck with your appeal, as your going to need all the luck you can get.
[23-04-2005,04:18]
[***.162.3.146]
timothy |
(in reply to: Immigration Appeal)
Did they ever called you for a personal interview?
Usually if CIC has any doubt about something , they will ask for it.
[23-04-2005,14:13]
[**.182.22.24]
Andy |
(in reply to: Immigration Appeal)
I think you have a serious credibility problem.
There are so many places where this application falls apart that I am sure CIC saw no benefit in an interview.
I do not know if you can start over again and make sure you keep in mind what CIC requires for proof of a relationship - but I would consider it. I would also consult a lawyer.
was this an arranged marriage? any phone bills, letters, anything at all that would indicate a relationship?
[23-04-2005,14:45]
[***.20.170.23]
sharon |
(in reply to: Immigration Appeal)
I agree with Timothy and Sharon....
I would have refused her too....the whole idea of not consumating the marriage is not wise. Why did you tell them that you did not consumate? Why did you leave so quickly.....what´s up with that??? It all looks too much like a marriage of convenience.
Get a lawyer and good luck. The CIC was right is doubting the legitimacy of your marriage.
[23-04-2005,15:02]
[**.22.165.46]
Immigration Guy |
Immigration appeal, thanks. (in reply to: Immigration Appeal)
For Timothy, One should be careful choosing word when posting on this Forum; definitely, I don´t like Tim´s response. You should learn some etiquettes buddy.
It seems that for you consummating a marriage is merely an Intercourse without any feelings and emotions. How would you feel if you had to leave your wife just after consummating the marriage??? Is it that simple? Especially when you knew the process would take about a year... Anyways, perhaps it´s too much for you to understand. Thanks for your reply anyway.
For Andy, no I was not called for any interview from CIC and my application was approved without any issues.
For Sharon, Yes, I have tel Bills, Emails, letters, tons of pics and copies of marriage ad as well. I had met my wife through the net. We never knew each other until I went to her home country to meet with her.
[23-04-2005,23:47]
[***.152.72.87]
Torontorian |
(in reply to: Immigration Appeal)
Torontorian,
I was careful when choosing my words, very careful. I can understand why you don´t like my response, because its not what you wanted to hear, but it is the truth. My ettiquette is that I don´t bullshit anyone, I give you the straight-up truth.
You implied it yourself, consummating a marriage is with feeling and emotion. I believe the same thing, but what an Officer sees is that you have no feelings and emotions for your wife because it was easier and more convenient for you not to consummate. Simply stating you didn´t have time is a very poor excuse.
And yes, I understand very well because I am also sponsoring my wife. I also knew the process is lenghty but I consummated the marriage regardlessly because I do have the feelings and emotions you talk about, and yes I didn´t feel very well having to leave my wife afterwards, but when you truly love someone, this is something you have to learn to deal with when you are apart from your wife. Its just another part of reality.
Look, I´m not doubting your genuiness, maybe its true maybe its not, I´m just telling you the facts and truth. The bottom line to your questions is, if I was an officer, you haven´t done a good job of convincing me.
I guess your next step is to appeal. I hope you take mine and everyones responses seriously so that you may have a successful appeal.
Again, good luck,
Tim
[24-04-2005,00:29]
[***.162.3.146]
timothy |
|
