Conjugal case Refused

Canada Immigration Forum (discussion group)            
Subject: Conjugal case Refused
  Just a word of advice for anyone trying to obtain PR in Canada under Conjugal Partner status. Get married first!

Our situation is pretty unfortunate. I am Canadian, and my (now) husband is American. We´ve been maintaining a long distance relationship for over 3 years now. When we started the application process a year ago, we weren´t able to get married because my ex-husband was delaying the divorce. However, we had over 2 years worth of ´proof´ of our relationship, including over $8,000 worth of flight records (Air Canad loves us), telephone records, personal emails, letters, photographs. My husband has a clean FBI record and no health issues. We used an Immigration Consultant agency, and paid them a lot of money to handle our paperwork. They did tell us that conjugal cases were ´iffy´, but given our situations, and over 2 years of ´proof´, felt at worst, we would get called for an interview.

Fast forward to now. Since then, I was finally able to get my divorce settled, and my husband and I were married the week before last (on June 18th). We´ve also purchased a house together which will close on July 15th, have a joint bank account, and will assume a joint mortgage. We´ve changed all our beneficiary information on life insurance policies, 401K´s, RRSP´s to each other.

He has a good job in California and until he recieves PR for Canada, he needs to keep his job there. So, the Tuesday after the wedding, he left to fly back. I was gathering up all our new information (marriage cert, bank account info, house and mortgage info) to drop off to our agency to send to Buffalo to inform them of our change of status. We were about at the 5 month mark in Buffalo and still had no word on the status of our application.

When I got home from work that Tuesday night, while my husband was still en route back to California, I opened my mailbox to find a letter from the Buffalo office. Expecting to see either an approval or a request for interview, I tore the letter open.. and cried as I read that he had been refused. No interview, just refused. The only reasons they stated was to do with the validity of our relationship. The officer wrote he/she believed we had a relationship, as indicated in our ´proof´, but felt it was merely a long-distance ´dating´ relationship with no impediment to marriage.

We clearly stated in our application the impediment to marriage (pending divorce), but that was obviously ignored.

As of now, the director of our agency has written the supervisor in Buffalo and requested a reconsideration based on a change of status, and due to the fact we were not given the opportuntiy of an interview. If Buffalo refuses to reconsider our case, we will have no choice but to re-apply as Spousal.

We could appeal, but an appeal process will take upward of 12 months, and it would be quicker to re-apply.

We could re-apply from within Canada but that is a gamble for my husband to quit his job right now and move out of his apartment, as you do not have appeal rights under this class. If it´s refused again, he will have to leave. Our agency tells us that it wouldn´t be refused again now that we´re married, but frankly, I didn´t think it would be refused the first time, so I have little faith in my government right now, and that would be giving them entirely too much trust at this point.

If we had to go back and do it again, knowing what we know now, we would have waited the few extra months to get married and just file as spousal. Our case was pretty solid. If they could refuse us, they will refuse anyone under this class, simply because they can. Do not waste precious time and money on this class!

Does ayone know what the chances are of actually getting a reconsideration at this point?

Thanks for listening.

(in reply to: Conjugal case Refused)
you just answered about 1 million questions for me. I am so sorry for your disappointment. as difficult as it might be, I think giving yourself the ´appeal´ option is very important.
(in reply to: Conjugal case Refused)
Hi there,
Hi FWChelle, I am realy sorry about your case but hopefully after getting married you might have a quiet good chance to be reconsidered.

Hi Sharon, Well i am no Expert in Appeal Process but if it takes almost 12 months, i think they need to re-apply again it is better if they got affirmative refusal (GOD Forbid)- dont you think it would be easier to re-apply than doing the Appeal Thing.

good luck every one.



(in reply to: Conjugal case Refused)
Thanks for the replies. Sharon, I´m glad I was able to answer some questions for you.

We´re not going to appeal this refusal, because it would be easier/faster/cheaper to just re-apply as spousal. There´s no sense appealing a conjugal case when we´re now married.

But, if we re-apply under Spousal this time, and for some crazy reason they refuse us again, we will definitely want appeal rights (I think that´s what Sharon meant), because we would definitely appeal in that case. That´s why the ´in-Canada´ option is not good for us this time ´round, we´d be putting ourselves in a position with no recourse.

I just wish he lived closer that we could drive to visit each other. Toronto to California is a 5+ hour flight each way :(

But, hopefully the supervisor in Buffalo is a resonable-minded human being and will reconsider our application.

I´ll keep you posted! They have 30 days to respond, then we will know which way we are going. We´re going to apply for a new FBI clearance now, anyway, since that takes 3 months to get!

(in reply to: Conjugal case Refused)
you are right, I am concerned about the risk of inland sponsorship and no right to appeal. seems like such a harsh rule.
(in reply to: Conjugal case Refused)
If you are now married, it´s much easier for the Canadian spouse to get US green card, work permit etc. Only 1 1/2 months for work permit and 6 months for Green Card and the process is much simpler and cheaper too! After all, USA is the land of opportunity...
maybe Canada
(in reply to: Conjugal case Refused)
That is really unfortunate. :-(
Conjugal Case (in reply to: Conjugal case Refused)
Hi I´m a Filipino and got my PR cause I married to a filipina last 2004 that is now working in montreal. My wife petitioned me under Conjugal Partner not as Spouse. Unfortunately before I got my petition we´re not in good terms and now we´re not together. Before I go to Canda I have a new family a new partner and a 2 kids. We´ve been together for almost 5 years and the problem is how can I petition my new partner. Is it possible that my petition for her will be granted since my ex-wife and I we´re not yet divorce but we´re not together. I have my proof for my new partner. Please give me an advice because I want to petition my partner and my 2 kids. Thank you.
(in reply to: Conjugal case Refused)
so you are saying you came under a family class sponsorship even though you were not a family any more?

and now, you want to bring a new family - even though you are not divorced yet?

Dream on.

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