salmankhan wrote:
Hi All,
I am a Canadian PR and I applied for my wife sponsorship at Islamabad embassy around 10 months ago. We got Nikkahfied and Rukhsati is not held yet So I specified that in forms as suggested by various people to be truthful as possible otherwise they ask for pictures that you taken on your honeymoon and all time spent together. I attached all pictures of ceremony, Original nikkah nama in urdu and english and my phone bills to show that I was in contact with my wife.
Now my wife got a procedural fairness letter from immigration officer which states that "You do not meet the requirements of section 4" which is :
"For the purpose of these regulations, no foreign national should be considered a spouse, a common law partner if the marriage is not genuine and was entered into primarily for the purpose of acquiring any status or privilege under the Act."
Further immigration officer asked "Please advise what plans have you and your sponsor discussed if your application for permanent residence is not approved" and advised to submit substantial evidence to ensure all elements of your relationship to your sponsor are considered before a final decision is made.
Now my questions are :
1 - What documents should I submit now as they already have original nikkah nama ,ceremony pictures and my telephone call records ?
2 - We are planning rukhsati in November 2010 regardless of the immigration decision and thats what we are going to write them.
3 - In case they refuse the immigration after all above documents what should be my next step?
Please advice.
Thanks in advance,
Salman
Obviously there is just too much we don't know about your file.
Having formerly worked for in Migration Integrity for CIC, although rather briefly, I can offer this advice.
Ask your CIC office how you can appeal or check their website, maybe its there too. Don't ask online questions about process in any online immigration forums as every CIC office does their process in a different order so you'll just get more confused. Islamabad is one of the worst for what order they do things in and I never had a clue what they were doing by looking at their files.
So you have pics from the wedding, phone bills and a certificate, so does everyone else. There is a lot more they could have found that made them distrust the marriage's legitimacy. Something that was said in an interview, history of forged or illegitimate marriage documents from the region your got yours from, phone history issues, the way you met, history of her or her family trying to get to Canada or another country unsuccessfully in the past...etc etc. I'm really not going to get into how we investigated people as the point is to catch fraud not help it be avoided.
What other documents you can give that might help? Do you have records of gifts given outside or the wedding? Did you send her flowers, did she send you a love letter or a card? Has any of your family met her outside of the wedding? How often have you traveled to see her? Depending on customs, if she plans to work have you looked into were she might work, what she might do if not working? Have you spoken to clergy at any place of worship about her a lot who can vouch for this?
Quote:
2 - We are planning rukhsati in November 2010 regardless of the immigration decision and thats what we are going to write them.
Rukhsati being the bride taken into your household? Isn't your household in Canada? So are you saying you will get her into the country even if told not to? Maybe I misunderstand something otherwise you just admitted to conspiring to break a federal law, which is not a smart move.
You could also blow you money on an Immigration consultant, they are a bunch of useless weasels who wish they could be real lawyers (or if they are lawyers then wish they could be good ones) but hiring them does help the local economy.