27.8.10

The Full Update...

So, quick and dirty because I'm exhausted -- in every sense of the word -- and it turns out that I have only 68 hours with my husband for the foreseeable future, and I don't want to spend two seconds of that time on the computer.

So, I went to the Consulate in person with Leo and Jenni. Leo was told to wait downstairs while I went up to find out about our visas. I told a woman at "window #3" about our issues, and she typed my name into her computer. I snuck a look at the screen, which said "concern about accompanying spouse." My heart dropped. She closed out the screen and went back to talk to the visa officer. The visa officer told her we needed Leo's FBI background check. I told her I'd already turned it in. She went back to see the visa officer again, and then asked me to wait; the visa officer would come talk with me.

The man next to me struck up a conversation. He works on water issues on the São Francisco River and waxed sentimental about how open and welcoming Canada is. I mistakenly took it as a good sign.

The announcement system told me to go to "room #5," one of these boxy little wood-paneled booths wherein you converse with consular officials through a pane of glass. The consular official sat down and said, "sorry for the delay."

He explained that he is prepared to issue my visa that very day, but "I have some concerns about your husband." First, he said, Leo "had a little trouble" in 2005 -- the driving without a license issue. They have some sort of equivalency process whereby they try to figure out what the offense would be equal to in Canada. So even though they wait for us to get the FBI report, they're also digging around behind the scenes to see if there was a conviction (which would have shown up on the report) or a court date he missed (there wasn't, or else there would have been a warrant out for him). These would be elements that could contribute to "ineligibility" and a visa denial.

I don't know what they're expecting to find, but the process, he said, takes 3 or 4 months. They started it when we turned in our application in June, he said, and he expects that they'll get a response "by the end of September at the latest" because they're relying on "external agencies" -- i.e. the US. I'm not sure how they can get these documents without Leo signing for them, but there you are.

What I do know is this: Leo paid a $50 fine back in 2005 and was told that was it, he was free to go. Where? Well, obviously nowhere in the developed world.

"Then there's a secondary concern," the officer told me. He said that the amount of time that Leo spent without documents in the US makes them think that he won't leave Canada at the end of our visas or that he will attempt to enter the US via Canada.

He said that they evaluate one's ties to various countries. After 5 years in the US, the officer said, his ties to Brazil are weak, and his ties to the US are strong, "with work, friends, etc..." And my ties, he said, are to the US, which means that Leo will want to "come on vacation" there with me, and after my studies "you will return to the US and what will he do? He'll go with you."

This is such a massive slap in the face. Who in the world would go do a Master's program with the express purpose of smuggling one's husband across the border so he can continue to work like a slave and be treated like a subhuman. Moreover, why would we jeopardize a future immigration process to bring Leo to the US as an LPR for a vacation on the other side of the border? The consequences of getting caught doing something like that would at the very least condemn a waiver application, and would no doubt have much father-reaching fallout in immigration terms. It's ludicrous.

But then, I assumed that the officer would have some knowledge of US immigration issues (and would also therefore understand the driving charge). No such luck. He asked things like "could he apply for a tourist visa?" and "can't he get status as your husband?"

I explained that it's a "lengthy process" and we've consulted a lawyer, but while we wade through all of that, we didn't want to put life on hold, and I didn't want to put my studies on hold.

He also seemed confused as to why Canada or Brazil would interest me over the US, and I had to walk a fine line, since if it looked like I didn't want to go back to my own country, it would raise questions about me, too.

"I mean," he even asked, "aren't there universities you could go to in the United States? Uh... not that we don't want you studying in Canada..."

"UBC has a unique program on water governance," I told him, "there are a few universities in the US that have water-related programs, but this is a perfect fit."

"When did you initiate contact with the university?" he asked, "after you left the US?"

"This time last year," I said, "before I left the US."

Then he asked again about what we'd do after my program, wouldn't I go back to the US?

"I'd hope to stay with the same program at UBC for my PhD," I said, "but I study water governance in Brazil. Why would I go to the US for that? If I couldn't continue in Canada, I would study here, since this is where many of the leading researchers are. I would come back to Brazil and see if I couldn't work with someone like Dr. Abers at the University of Brasília."

He seemed very impressed by that part, and said, "I will make a note of that."

We also touched on the fact that I can get residency in Brazil through Leo. "It doesn't make sense right now with study plans in Canada, but in the future, yes, I can," I said.

I also tried to give him my letter of my recent award from UBC, since it's a hefty sum and shows how much they want me for my scholastic achievement, but he brushed it aside, "I told you," he said, "we've got no concerns about you." I insisted he take it.

I was shocked by all of this. None of this suspicion matches up with what I've heard from other Canadian immigrants, Canadians, or even the lawyers I spoke with about the situation.

I don't want to make it sound like anyone was rude or treated me badly -- they didn't. The officer was unfailingly polite and patient with me. He was perfectly nice in every way.

It's just the discourse that tore me to bits... and the fact that US immigration policies dictate who Canadians let into their own country.

What hit me hardest is just what a fucking idiot I am to have thought that Leo and I would be looked at as a pair.

We may have pledged to one another to stay together through thick and thin, but to the outside world sees us very differently: Leo is undesirable, inadmissible, and ineligible. I am "not a concern;" I am going with tens of thousands of dollars in funding; I am "wanted." I am a total fucking idiot.

When I asked Leo how he felt, and all he could say was "hurt. I feel hurt." It's the constant reminders that he is somehow lesser, somehow lower. I can never take away that hurt. I can never heal it. I am powerless to protect him.

We really believed that if there was a welcoming 3rd nation, it would be Canada. We really thought that we'd find our own little safe corner of the world there, with none of the financial instability of Brazil or the political instability of the United States. I was so sure that it would be a place where Leo could feel like a real person -- not like the US and frankly not like Brazil.

And the thing that took the wind out of my sails: we're at square one. I never needed a visa to travel to Canada on my own. As an American, I can show up at the airport in Canada and be issued my study permit there. All of this time, all of this anxiety, all of this money and effort was for us to go together.

It's not over, but we're facing an uphill battle and we'll be facing it from two different countries and with dwindling funds (a lovely award still isn't enough to support two households, and I won't have access to it for several weeks). Add to all of this that my husband in a very precarious position: as of Sunday, he has nowhere to stay.

Today is really hard. I want to just lie in bed with him and cry and smell his shirt, but we've got so much to do -- so much preparation logistically, financially, and emotionally. There's no time to stop until I'm gone, and then all we will have is stopped time... waiting.

13 comments:

  1. Feeling so deflated for you guys, Corin. Sending many prayers and much love. As hard as it is try to do well at the start of your school and stay faithful it will work out. If I wasn't living with my sogra, I'd offer Leo a place to stay :(
    Beijos.

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  2. Oh Corin (this is Katie Foran)
    I'm so sorry this is happening to you guys. It's heartbreaking that they could so misunderstand Leo and your relationship--and US immigration law. I hope it's ok that that I say this...please get a lawyer now. The best thing you could do is get a lawyer (maybe a US lawyer who educate them a bit on the US immigration nightmare?) to write a letter to accompany your application and explain the big "Why Canada" for you and Leo--including the steps that you both have voluntarily taken in hopes of one day curing Leo's immigration status in the US. I think it's possible to clear up a lot of their misguided "concern" about Leo--but they'll need the full picture. I'm sending you all my love and if there is anything I can do please let me know. I wish I was a lawyer now! :(

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  3. Corin...I am very sorry for this outcome. There are no words to express my anger, delusion and sadness. I wish there was something I could do.

    All I can assure you of now is please don't lose your faith, love, determination and hope. These are the most valuable traits and they will see you through this painful situation. I am convinced everything will work out.

    Brightest blessings to you and Leo! As always--if either of you need anything--anything at all--please don't hesitate to contact me.

    hugs,

    Beth

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  4. I'm so sorry, I have no words to express how I feel for you too. It will be difficult for you but you'll be busy, poor Leo :( The hardest emotion as an American to deal with is the feeling of helplessness when it comes to our spouses. We're so used to being able to do anything that we put our mind too and when we can't, it hurts so much. I hope you both find the strength to get through the upcoming weeks :(

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  5. I feel for you guys. I really hope things will work out. You have to keep trying.

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  6. Corin and Leo - I trust you will find your way. I have no advice or comment, just tears. Good luck!

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  7. Corin,

    That discourse tore me to bits as well. We will stand firm by you and Leo.

    Big Hug.

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  8. :( I don't know what to say. I have all the sympathy in the world for you. This is also a blow to anyone in this "situation." It's my biggest fear that R's US immigration history will follow him. It's scary how far the US span of influence reaches.

    Please don't feel stupid for thinking they would treat you as a pair. When I told R that Leo didn't get his visa yet, he said it's very hard for Brazilians to get in to Canada because they think they will either overstay or enter the US. I argued with him that it was different, that it was a visa with his wife, the application was as a family, etc. It absolutely should be treated that way, and it's very sad that immigration officers don't seem to respect marriage.

    I hope things work out soon. Hang in there.

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  9. Well, this sucks. I can only hope that things get better for the both of you. Hang in there!

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  10. Corin, I am in tears over your situation. So sorry this is happening to you. I can't believe Canada would be so ridiculous as to base their decision on the immigration laws of another country. I'm so disappointed for you two and will be praying that despite it all, things work out.

    And to think that having read of your plans to study in Canada, I had considered that option as a plan B for my husband and I. Sounds like my husband wouldn't be any more desirable than yours :-(

    I'm really disappointed in this world we live in . . .

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  11. Oh Corin, my heart goes out to you and Leo. Just know that I'm thinking about you guys and even though you don't have to stay strong all the time, just keep the faith that things will somehow work out. The surprise may just be how.

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  12. I'm so sorry Corin. :( I can't imagine how disappointing this must be for you guys... but perhaps it's encouraging that his application is still in progress as opposed to being refused outright? *hugs to you and Leo* If you need anything (support, to vent, etc), give me an email or FB message.

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  13. Hi Corin,

    I've been following your blog for a while and felt that if at any time I should comment, this is it. I'm incredibly sorry that things didn't work out like you had hoped, but please don't feel like you are an idiot. You did everything in your power to make a better life for you and Leo. Everything you've written shows that you are a determined, intelligent, passionate, and compassionate young woman. I know it will be hard but try to stay strong through all of this. From what you've written, I'm sure you will do fine. Take care and know you have a lot of people rooting for you and Leo to pursue your right to happiness together.

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