Immediately, I gather all possible evidence, witness statements and I flew back to see my wife in China. We submitted the appeal by hand-in to the post visa soon after it re-open from Xmas holiday then.
I was confidence then thinking the ECM would change the refusal decision after reviewing the appeal then. However, the ECM is still re-refusing my wife visa even though we have argued strongly in our appeal that during the interview with ECO, she was misunderstood some questions or misinterpret by the translator.
Thanks to my MP, the latest response from the UKBA during this appeal pending as following:
At interview Ms. J failed to satisfy the ECO that she knew her husband very well. She knew very little about her husband's lifestyle, employment, likes and dislikes. This together with the fact that the couple have only met on 2 occasions, once at a prearranged meeting in a restaurant in Sept 2009 for a couple of hours, and then a year later on Sept 2010, the day of their wedding, led the ECO to doubt that the marriage is genuine and subsisting.
The ECO will now prepare an explanatory statement, which sets out in full the reasons for the refusal decision, and forward this, together with all the appeal doc to the First-tier Tribunal.
I was surprised that they still gave the same reasons for refusal and incorrect fact of how long we together etc. When we first met, I was with her for about 3 days as written in our appeal letter not a couple of hours as the ECO stated. In addition we also stated (with evidences) that we were together for about 3 weeks after our marriage. Therefore, I have doubt the ECO or ECM actually reviewing our appeal accordingly.
My fear is that when this case goes to Tribunal hearing, it will take forever.
I am wondering is possible to submit extra evidence now to prove that our relationship is genuine and subsisting. Evidence such that I have been back to see my wife twice since the refusal as well as on-going communication evidences of email, video calls log etc. See link below for the Appeal Procedures section,
http://www.ukvisas.gov.uk/en/ecg/appeal ... s#22289103
APL1.17 New evidence produced after despatch of an appeal but before an appeal hearing
An appellant can submit evidence, which pre-dates the original refusal and was not disclosed to the ECO at the time of refusal, at any time before the hearing date even after Post has sent the appeal bundle to the IAC. The ECO must:
* review the evidence as quickly as possible; and
* if appropriate, issue entry clearance or maintain the refusal; and inform IAC of the new evidence and the outcome of your review by emailing the IAC at: eco.contact@dca.gsi.gov.uk
This time, would the ECO actually review the new evidence?
I am really heartache and sadden for not being able to be together my wife here. We just want to carry on our family life as husband and wife like everybody else here but the ECO seems to have other opinions.
Is it a crime to marry a foreigner?
Please, anybody out there to tell me what to do now?
Thanks in advance.