Appeal interview on Monday

[Neil]

Well, it was an interesting interview.  Can you believe it is still not over?  I was scheduled for 3.5 hours, and it lasted 5 hours.  They phoned my wife at 2am her time and talked to her for 2 hours.

The immigration lawyer still has some concerns, so he will mail me his concerns within 3 weeks.  I will have 3 weeks to respond, then the Judge will make a decision. 

When I sat down in the court room before my meeting, the translator was there.  She asked where my wife was from, and I told her Fujian Province.  She said that was her province, she was from Fuzhou.  I told her that's where my niece lives.  We had a good laugh about that.  She was an awesome translator and was able to talk easily with my wife.  The Judge asked me if I speak any Mandarin, and I spoke a sentence or two, and the translator translated what I said quickly.

My sister joined me in the courtroom, and I think it was a big boost to my case.  It was a huge coincidence that my sister had a doctor's appointment in Vancouver the same day, and I was able to drive her there after my interview.

The judge and lawyer had both read my evidence that I mailed to them.  The Judge asked a ton of questions first, then the lawyer.  When they phoned my wife, they asked her a lot of the same questions to see if her answers were similar, and since we weren't expecting them to phone her, they were different enough answers that they didn't seem practiced, yet similar enough to compliment what I had already said.  We both made some mistakes, which I hope won't cost us too much. 

From the questions they asked, it seems the biggest issues are her lack of English, her custody of her son and whether we would bring her parents to Canada.  They seem to be worried about my wife divorcing me and trying to take half of everything soon after coming to Canada.  I guess I'll see in a few weeks what the real issues are.

Fingers crossed (still).

[Philip]

Good luck Neil. Assuming they really had read all of your evidence, it defies logic if they have any objections.

[Jason B]

Good luck Neil, it still amazes me what some hard working honest people have to go through to prove a genuine relationship because some people with suspect morals have stuffed it up in the past with brides for money scams etc.

Fingers crossed you get a successful result in the not too distant future.

[shaun]

Good luck Neil.  I can feel your pain bro.

[Robertt S]

Neil,
I think that the new visa policy that Canada is implementing by creating the CR type visa may well work in your favor.The 2 year conditiona visa will act as a safeguard to protect against exactly what the lawyer and judge are concerned about. This visa is supposed to deter or prevent the scenario of quick divorce as soon as the immigrant arrives in Canada.  Regards, Robertt S

[Neil]

If it's a separate type of visa, it would be impossible to change to it without starting our application over again, I would imagine.

[Rhonald]

Neil is corect as this is from the CIC website of the changes to family sponsorship rules:

Family sponsorship

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:

•You are being sponsored by a permanent resident or Canadian citizen
•You have been in a relationship for two years or less with your sponsor
•You have no children in common
•Your application was received on or after October 25, 2012


What an ordeal Neil, I can see now that your struggle has surpassed mine - something I never wished upon anyone. If anything I can gleam from your interview posting, is that it is the lack of English that is casting the most doubt in their eyes. If she is taking English courses in China from an established school, then receipts from the school could help.

[Willy The Londoner]

That sounds like the same visa that your wife gets when she applies to live in the UK. Two years then after that you have to go through all the process of then applying for citizenship.   Either of you mash up in that time and she will not get the Citizenship.

In that two years they can work but they are unable to take any money from public coffers.

Willy

[Arnold]

Well, at least they are throwing "Weeks" at you and not month's!
What a pain it is, but soon it will be over (of course hope it will be) and time to enjoy the hard labor of both of you.

[Pineau]

Did I miss something?
Neil. how did the appeal go?

[brett]

Is living in China an option? There are jobs out here, but I think you've got to be a little crazy to come here and live  .

[Neil]

The appeal is still ongoing.  I'm waiting for a letter from the immigration lawyer with a list of his concerns.  I will have 3 weeks to respond to his concerns, and then the judge will make her decision.

Moving to China is an option, but not an easy one.  I bought a house in September.  I have a good job that I love, and would hate to lose it (but I'd hate to lose my wife more - I can always get another job).  I've worked here for over 20 years, which gives me 5 weeks paid vacation. 

[Neil]

At the end of my appeal interview, I was told that the immigration lawyer had 3 weeks to provide me a list of his concerns.  That day, I wrote down the dates that the Judge told me: May 15 and June 7.    May 15 came, and I still hadn't received anything so I phoned the lawyer.  His response was that the 15th was the due date, and it was scheduled to go out in the mail that day.  Today is May 22, and I still haven't received anything.  I left another message, but have yet to receive an answer. 

[shaun]

Neil,  I really don't know what to say.  I understand your disappointment.  Lawyers work on their own timetable.  They will work out the date issues between themselves.

Patience my friend.

[Neil]

Well, it was an interesting interview.  Can you believe it is still not over?  I was scheduled for 3.5 hours, and it lasted 5 hours.  They phoned my wife at 2am her time and talked to her for 2 hours.

The immigration lawyer still has some concerns, so he will mail me his concerns within 3 weeks.  I will have 3 weeks to respond, then the Judge will make a decision. 

When I sat down in the court room before my meeting, the translator was there.  She asked where my wife was from, and I told her Fujian Province.  She said that was her province, she was from Fuzhou.  I told her that's where my niece lives.  We had a good laugh about that.  She was an awesome translator and was able to talk easily with my wife.  The Judge asked me if I speak any Mandarin, and I spoke a sentence or two, and the translator translated what I said quickly.

My sister joined me in the courtroom, and I think it was a big boost to my case.  It was a huge coincidence that my sister had a doctor's appointment in Vancouver the same day, and I was able to drive her there after my interview.

The judge and lawyer had both read my evidence that I mailed to them.  The Judge asked a ton of questions first, then the lawyer.  When they phoned my wife, they asked her a lot of the same questions to see if her answers were similar, and since we weren't expecting them to phone her, they were different enough answers that they didn't seem practiced, yet similar enough to compliment what I had already said.  We both made some mistakes, which I hope won't cost us too much. 

From the questions they asked, it seems the biggest issues are her lack of English, her custody of her son and whether we would bring her parents to Canada.  They seem to be worried about my wife divorcing me and trying to take half of everything soon after coming to Canada.  I guess I'll see in a few weeks what the real issues are.

Fingers crossed (still).

I finally received the concerns a week after the 3 weeks he was given.  I responded to his concerns by letter as best I could.  I'm still waiting for a decision from the judge.  The lawyer cast doubt on every aspect of our relationship and contends that the only reason my wife married me was in order to come to Canada.  I don't feel confident that we will win our appeal, but I'm not giving up hope just yet.  I'm heading back to China next month.  I've already waited 9 months.