Visa Refusal for Spouse

[Rosanie]

CIC (Citizenship and Immigration Canada) has refused entry as a Permanent Resident to my husband. We are appealing the decision of the Immigration Officer with the Immigration and Refugee Board's appeal division - IAD.

This past summer I was with my husband in DR when he received the letter from CIC. We were/are devestated and very upset with the decision. The reasons that have been given are few and unjust! We have been married for almost 2 years and I live with him every 3 months for 3-8 weeks at a time! It is not easy but we make it happen. They claim that we haven't maintained a strong relationship!! They claim that I do not speak Spanish. I have yet to meet anyone from CIC to give them chance to judge my abilities. I am not a fluent speaker but I would say I speak at a conversational/intermediate level.

The onus is on us now to prove that we are a legitmate couple.
We have a lot of 'evidence' such as; receipts/purchases/travel, letters/cards, pictures, telephone bills/cards, Notarized letters from family/friends/landlord in DR/supermarket etc, copies of my passport and other documents.

I expect to get a hearing date either December or early next year. Hopefully our case will be selected for the new Alternative Dispute Resolution process instead of a hearing.

Anyone have experience with this particular situation?

Thanks

[mkohn]

From past experience, the living arrangement could be a major problem. 24/7 is what they may be looking for. You have a lot of great documentation. Did you change your name? Can you get a certificate from a school as to your Spanish-speaking ability? Does he speak English? How do you meet people at the CIC? Children? Do they observe him while you are away?
Good luck on the appeal.
mk

[Rosanie]

Well I wish I could live with my husband 24/7 in the DR while we wait for this process to be over but I have my livelyhood to deal with here in Canada. Not to mention various other responsibilites. If we do not convince IAD in the hearing then I will be moving to the DR to be with him.

We do not have children yet and I have not yet legally changed my name.

My husband speaks a little English and he continually is learning more everyday. I have registered for a Spanish class and will ask for a language assessment then.

I was unable to join my husband for his interview with CIC earlier this year. That would have been an opportunity for CIC to meet me and see how my husband and I interact. I arrived in the country 3 weeks after the interview!! I do not believe that CIC observes him at any other time than the interview itself.

[ricktoronto]

I had someone quite close do a fiancee visa request ( same basic idea since you wind up in Canada and then have to get married within 90 days) and it was approved in about 3 months most of which was spent doing police clearance, medical etc.

The fiancee in question didn't have a pot to P in and the relationship was at best 4 or 5 months in duration at the time of application. Certainly not married for 2 years, living on and off as best you can etc.

They used a name brand lawyer in Toronto. NOT a so-called Immigration Consultant ( who charge the same anyway) which some people have used to their dismay. Also while I acknowledge the costs are high vs. doing it on one's own, I think the worst outcome is trying to do it without aid as a savings measure.

If it matters the applicant/sponsor here in Toronto made a lot of money, are you having a problem with the LICO? CIC seemed to rubber stamp it basically, so maybe there is a defect that a professional can assist with.

[Rosanie]

Yes, we are using a lawyer from Toronto working at Canadian Immigration Advisors. I was referred there from a friend. He is charging us a flat rate.

I have asked my MP to be involved and in some ways I do not know if that is what rocked the boat! I called my MP a few times to make inquiries and maybe that ticked off some people over in the embassy. I have asked them to write a letter on my behalf and they responded that it wasn't somthing the MP usually does in her capacity.

What is LICO?

Thanks!

[bob saunders]

My wife and i didn't have to prove any of the things they are making you prove. My wife didn't speak much English and my Spanish was also poor, we had plenty of pictures, letters...etc, but
i question their query on your ability to speak Spanish, I would think that it would be a legtimate denial based on his lack of English or Education...etc. As long as you have an income large enough to support the 2 of you and can prove you have a legit marriage should be enough. My wife didn't even have to go for an interview. I'm guessing its a different standard for women. Time to go higher than your MP.

[mkohn]

Many of us feel for her. The point is the CIC doesn't look at her feelings. They look at facts.
I think immigration laws have certain guidelines for determining the validity of a marriage. Too many people have gotten immigrant visas through marriages that were of convenience. So the immigration offices have certain criteria to verify.
They look for physical signs to determine almost everything. I heard the US Immigration once asked a couple separately what kind of toothpaste they used...
Use your imagination; they've seen and heard it all.
The lack of a common culture, language, and living together less than 1/3 of the year are unfortunately not working in favor of acceptance.
We all want a happy ending to this story. In this case, Rosanie, your patience and your lawyer will improve the odds.
mk

[AnnaC]

I've deleted some posts.

Rosanie hasn't asked for anyone's opinion on long distance relationships. She asked if anyone has experience with a visa refusal in CANADA.

I'm sure ricktoronto will be back to explain what LICO is all about.

[Chris]

Originally posted by mkohn
I heard the US Immigration once asked a couple separately what kind of toothpaste they used...

US immigration asked my daughter (at that stage 9 years old) what her mother's (my) name is. My daugher said: "-- Uh! I don't really know -- I call her Mom. Some other people call her by some other name but I don't really worry about that".

More seriously, this is a tough issue to struggle with. All I can suggest, is take photo's, more photo's - with datestamps. Write down a note of every 'family get-together, the people who were there and the occasion. Get affidavits from your husband's mother, father, nieces, the priest, the neighbors and whoever you can think of, to attest that you are married and live together for part of the year because of economic reasons only - and give them so much paperwork documenting the issue, that they cannot complain. Insist that there is a Spanish and English person present for any interviews to cut through misunderstandings, or ask your laywer to take an interpreter.

Good luck!

When we first went to the US to live, (my husband is American) we had to prove relationship and prove that my two children were mine. It is a hard process. Files of paperwork documenting the relationship helped.

[mobrouser]

lico is the income ratio that immigration Canada uses to determine the ability to sponsor family members. it is based on income versus the number of family members you wish to sponsor. there should be details on the CIC webpage.

mob