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| Subject: pregnant and worried |
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My situation is this: I got married to my husband in Iran. When i came back from being married the sponsorship took over a year, which was refused because they did not believe my relationship with my husband was genuine enough. After the refusal i decided to appeal and attended an ADR conference which refused it again. They asked me if i wanted to take the case to the highest appeal and i said no. Exactly 3 weeks after the appeal was refused i went and lived with my husband in Iran for 3 months. I had to come back due to the fact that i could not extend my visa any further. During my stay in Iran, i was blessed with the miracle of being pregnant. Now that i am back in Canada, i am in the process of re-applying for spousal sponsorship so that my husband can be here for the birth of his baby. What i want to know is, is there any way that my being pregnant gurantees my husband to come to canada. The whole process was very hard and depressing the first time. I hope that it works out this time, i mean how can the government not allow a family to be together?
Is there anyhting else extra i should be doing this time around? I have hired a lawyer this time, but i want to make sure that my husband comes in time for the birth of the child.
[08-02-2008,20:59]
[**.249.9.32]
Tara |
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(in reply to: pregnant and worried)
regrettably, pregnacy does not guarantee anything whatsoever - not even immigration approval.
hopefully your lawyer will be able to identify areas that you can improve upon in your application to get a different result.
best of luck to you.
[08-02-2008,21:15]
[***.20.79.93]
sharon |
(in reply to: pregnant and worried)
Tara
You bought the concept that you do not need a representative to assist you with your application. You saved money but your Husband was refused.
You were given the visa post record for your appeal and probably waited four months for that once you filed your appeal. A couple more months to have your ADR scheduled.
Did you read the record CBSA provided?
In the record the visa officer will list their reasons for refusal.
You attended an alternate dispute resolution ADR did you have counsel?
If you had counsel did they seek out and obtain the CAIPS notes prior to you getting the record?
Did you or your counsel create and submit additional information to over come the concerns the Visa Officer raised?
To inform others if they did not approve you at the ADR which at least 50% of all spousal appeals win at you have had serious problem.
Proving a marriage is based on the bond between the two individuals. Certain countries applicants will pay thousands to have a PR or Citz. sponsor them.
My question to you is that if you hired a Lawyer what advice did the Lawyer give you and why would you ask here. Is it because you do not trust the Lawyer´s advice?
You know clearly why the first application failed so fix that. Expect this one to fail to unless you address the real reason why you did not go to the full appeal!
Roy
www.cvimmigration.com,
[08-02-2008,21:54]
[**.52.217.64]
Roy |
(in reply to: pregnant and worried)
The only reason i did not go to the full appeal was because the processing time. I don´t want to have to wait another year or so for someone to tell me that your relationship with your husband is not genuine. I think the fact that we are having a child should be all the proof they need. What are they going to want, a dna test?
And what lawyer has ever given out good advice? From my experience all lawyers are cheaters and liars.
And in answer to a lot of your questions...yes i was aware of all that andd yes we did submit additional information. Could it just be that it´s basically a double standard? and that it´s easier to get a wife over here than it is to get my own husband?
[09-02-2008,20:27]
[**.249.9.32]
Tara |
(in reply to: pregnant and worried)
sadly, pregnancy has been used as a cover for marriages of convenience in the past - so to answer your question, it is not all the proof they need. Who is to say you were not paid to get pregnant (would not be the first time)
There are lots of pregnant women out there with denigned sponsorship applications. Some people might be inclined to suggest getting pregnant before being sure that your partner could be with you was not the wisest decision.
[09-02-2008,20:39]
[**.155.160.37]
Sharon |
(in reply to: pregnant and worried)
Me being pregnant wasn´t something that was planned. I just want to keep thinking positive that my husband could come to canada. I nor my husband have done anything wrong but love eachother...why is there is always debating at this forum? I didn´t post here so i can argue with people. I just wanted people to know that because of the lies and misleadings of others I am one that is being punished.
I´m sure I have nothing to worry about this time. And that this lawyer i have hired is smart enough to help me otherwise he wouldn´t have taken my case.
[09-02-2008,20:49]
[**.249.9.32]
Tara |
(in reply to: pregnant and worried)
Tara, nobody is arguing with you and nobody is punishing you. When you carefully read the CIC manuals you quickly discover the responsibility of the applicant is to prove their case. CIC says no until you have sufficiently proven they should say yes which is contrary to our legal system which says innocent until proven guilty. It´s called reverse onus.
Your last statement concerns me. Lawyers take cases because they get paid for their service, not because they are sure they can win. Please insure that the person you have retained to assist you has vast experience in immigration matters - especially appeal cases. Lawyers have very little specific training in this regard.
No matter how you slice it, this is all going to take time. I hope you can bring some good friends around you for support. Hopefully, it will all work out to a positive end.
[09-02-2008,21:35]
[**.155.160.37]
Sharon |
(in reply to: pregnant and worried)
Thank you, I hope so too.
[09-02-2008,23:13]
[**.249.9.32]
Tara |
ADR Help (in reply to: pregnant and worried)
Hi - i need some advise.here is my problem.
i met my husband, who is originaly from the caribbean in Canada back in 2005 and we´ve been dating.. during that time, my husband had applied for skill worker application. in jan 2007, he received a letter stating that he has to go back to Guyana for his interview..he went and his application was denied.. that was in february.. we talked and we decided to get married. i went there and we got married in march.i came back and started the spousal sponsorship.. we sent in a lot of proof and during the time our application was being processed..we met up in barbados for a week because we missed each other.. i came back and send in more photos tp update our file..anyways,my husband received a letter telling him to go for an interview on oct 2007.. he went and they said that they will make a decision.. 4 months later..they sent the refusal letter... their reason was that our marriage didn´t seem genunine enough.. anyways, i filed for an appeal right away in march.and CIC sent our records on June 3..i called IAD office a few days ago, and i was able to speak to the Case officer, he said to tell me councel that this case will go to ADR? can anyone tell me how long it will take for them to set a date..and what am i in for.. i am really anxious to get my husband home.. i am fortunate enought to be able to visit with him every 3-4 months.. we´ve already been to barbadoes twice and another time in his country. i hope all of this will help us in our case.. what are your thoughts. can anyone share their experiences?
[24-07-2008,20:25]
[**.48.37.119]
Karen |
