Showing posts with label couples separated by US immigration laws. Show all posts
Showing posts with label couples separated by US immigration laws. Show all posts

Saturday, February 23, 2013

Our Story: LiQiang & Richard

Holding Hands and Praying for Change

Richard and I met in February 2002 in Calgary Canada. I am Canadian and Richard is American.

Initially, Richard was going to move to Canada to be with me, Canada has same-sex marriage and gay couples have all the same rights as straight couples. But Richard wanted to keep his job in the U.S., so he was “commuting” between the U.S. and Canada. This became very stressful, especially in the winter, when flights to and from Canada are often canceled die to the weather.

In 2005, I found a job in Sacramento, California. I was under the TN visa (North America Free Trade Agreement). While I worked for this company for 7 years, the company had no intention of sponsoring me for a green card. While I was able to travel in and out of the U.S. on the TN visa, immigration officials often informed me that I should get permanent resident status because they told me that the TN visa could be “dismissed” at any time.

"I don’t think the U.S. government and its current immigration system even understand how forcing us to separate at a time like this is damaging our lives."

During this time we tried to live our lives as normally as possible, Richard retired from his job and we bought a house. I kept looking for employment that would lead to a green card and in 2012 I thought I had found this. I started a new job in Southern California working on a project that seemed to have a lot of potential. We put our house up for sale and planned to move to Los Angeles. But – after 5 months, the project ended – and I was without a job and the promise of a green card.

I have now been told that I must leave the US in 30 days, if not I will become undocumented.

My plan is to return to Canada, re-establish my residency and then come back to the U.S. as a visitor in order to complete the sale of our home.

Meanwhile we are living off Richard’s retirement income. It is a very difficult time for us right now. I don’t think the U.S. government and its current immigration system even understand how forcing us to separate at a time like this is damaging our lives. We have been together for 11 years, overcoming many obstacles, but this is by far the most difficult.

We are holding hands and praying for change – the inclusion of same-sex binationals in immigration reform – which would allow Richard to sponsor me as his partner and keep us together in America.

Are you a same-sex binational couple?  Do you have families / friends affected by this issue?  Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.

Our Story: Amanda & Pallavi

Doctors with Borders 

Pallavi and I met in 1999 when we were students at Whittier College in Whittier, CA. Pallavi was on a student visa. She was a nerdy international student and I was a jock-ish college athlete. We may never have met at a larger school so perhaps our union was destined (cue Pallavi rolling her eyes at me). We were friends at first and kept in touch over the years.

After graduating in 2000, I pursed a naturopathic doctorate degree in Portland, OR. In 2005, I graduated from medical school and shortly thereafter took a research position in the psychology department at the University of Denver (DU), where (coincidentally) Pallavi was earning her Ph.D. in clinical psychology. We became a couple in March 2006 and were married in August 2012 in San Diego, joined by 60 of our closest friends and family.

Pallavi and Amanda are same-sex binational couple forced to make the heart-wrenching decision to live apart due to DOMA and unjust immigration laws.

We legalized our marriage in November 2012 in Vermont.

For the past six years, we have lived together in Colorado, and although Colorado does not recognize our relationship in any way, we have been lucky enough to be spared many of the trials faced by same-sex binational couples. Pallavi has stable employment as a researcher at a Denver-based non-profit institute and her employer has filed for a permanent residency application on her behalf. However, despite living in the U.S. since she was 18 years old, and earning her bachelor’s degree and Ph.D. in the U.S., Pallavi’s permanent residency application will not be processed and approved for another 7 years. Employment-based permanent residency applications are subject to per-country quotas and the backlog for India will take nearly a decade longer to be processed.

This year I was offered a post-doctoral research fellowship at NYU Langone Medical Center. Due to the fact that our marriage is not recognized by the federal government Pallavi’s status in the U.S. is solely dependent on her current employer. Thus, we are preparing to move apart from one another for an indefinite length of time so that I can pursue the very best option for my career and so that she remains "in status" in the U.S.

If we could file a permanent residency application through marriage, Pallavi would have permanent residency in the U.S. in a matter of months and could more easily switch to an employer in New York City. Yielding to the current laws of this country is threatening our marriage by forcing us to sustain a long-distance relationship living 1,700 miles apart.

I look around at our heterosexual couple friends (some of whom are binational as well) who must make difficult decisions about work and careers and none of them are forced to experience the indignity of separating from spouses because their country doesn’t deem their lives and loved ones to be valid.

I am American. My life’s work (and that of my wife’s) is devoted to improving the lives of other Americans. If being a good citizen means we take care of ourselves, each other, and our communities, then we are good citizens and we belong here together.

Please help ensure that comprehensive immigration reform includes LGBT families – like ours - as proposed by President Obama.

Are you a same-sex binational couple?  Do you have families / friends affected by this issue?  Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.

Tuesday, February 19, 2013

Our Story: Kevin & Francis


Each Obstacle Keeping Us Apart Makes Us More Determined to Be Together

My name is Kevin Yeager and I am currently engaged to Francis Gelay. We are a same-sex binational couple who, like so many others, must endure being separated as a result of the marriage inequality laws in the United States.

Yet this obstacle is also what keeps me more determined than ever to fight for equality, get our story out, and encourage others to add their voices to the call to repeal DOMA.

I am a US citizen and Francis is a resident of the Philippines. In 2011 we knew that we were both ready to join our lives together. As a result, about a year ago Francis and I began researching the U.S. visa process. We quickly discovered that a fiancé visa was out of the question since this is solely reserved for heterosexual citizens. Upon much research we decided that our most viable option was to work within the current non-immigrant options available and aim for a tourist or student visa. Although a tourist visa is limited to a rather short period of time, at least it was better than nothing. Plus, I could travel over to him job permitting, of course.
  
Let me begin by saying that one can easily compare trying to obtain a tourist visa from the Philippines to the United States is much like trying to break out of a prison. I am sure many couples have faced this dilemma if one of the partner’s home residences is not considered a “First World” country. After a flight to Manila, then checking into hotel across from U.S. Embassy, Francis is off to his interview. The first attempt was denied under what is called “Section 214(b)” on the basis that he could not prove sufficient non-immigrant intent. In other words, he failed to prove that he would return to the Philippines.

Saddened but determined, we then decided we might be more successful going the student visa route. Since Francis has a Bachelor’s degree in Nursing, we looked and found colleges in my area that offered ongoing nursing programs. Not only would we be together, but he could enhance his credentials and be able to work through the school in on-job learning, within the guidelines of the student visa restrictions.

More research, paperwork, and my having to show that, as his U.S. sponsor, I had the capacity to support his education and living expenses while in America. In addition, Francis had to complete English courses and tests to prove his English-speaking abilities. Fortunately, his enrollment was accepted by one of the colleges and he was immediately issued his I-20. Even better was the fact that this college is just minutes from my house!

Again, off on another flight to Manila, more hotel stays, another long line at the Embassy, and another denial. Once more, denied due to the failure to prove his intent to return.

We are obviously disappointed, but there’s something about when you want something bad enough you just are not ready to accept defeat. As a result, we decided to go the student visa route once again, use a consultant firm, and armed with knowing what mistakes we made in the first two attempts.

At this point we needed a success. Since I had some vacation time coming I decided to travel to the Philippines to meet Francis' family in his hometown of Davao. From there we would travel to his family home of Midsayap, a rural area in southern Mindanao. Upon our arrival in Davao, we were met by his brother, sister-in-law, and our god-daughter, Arianna. I knew this was going to be a life-changing event the moment I climbed into the van they rented to take us on our journey. In the window was a sign that read:

“Welcome to Davao City Philippines, Kevin Yeager We are happy to see you. Feel at home and be one of us. Thank you very much. Mabuhay.” 

Even recalling this event takes me back to that moment and the overwhelming feelings that were going on inside my heart. I knew at this instant that this was the spouse and family I had dreamed of but never thought it possible for me.

Upon our arrival in the area Francis was born and raised, I was introduced to his parents and many other family members. There were hugs and handshakes from people who, in an instant, were no longer strangers but a family I might have known my whole life. It was as if I was coming home. And, I had Francis, my mahal, with me.

The next day was spent traveling to Francis’ family home. I thought I understood the word rural, but it was completely redefined on that day. Francis grew up on a farm. A typical tropical farm where his family made a living harvesting bananas, rice, and coconuts that surround a home referred to as a Nipa hut, I believe. A home built from the resources right there available on the farm. Even in the tropical heat that day, to have an intimate look at my fiancĂ©'s background and perspective was a gift that I cannot express completely in words alone. Here we are two people, from completely different worlds, whose paths somehow crossed to lead to this moment.

Later that evening his family threw us an engagement celebration. The event was one that we will never forget - our engagement was both recognized and supported by Francis' entire family. The Philippines is a poor country, families live in conditions that are unimaginable to many Americans. Yet, Francis’ family used their very limited resources and put together a celebration to both recognize our commitment in addition to officially welcoming me to the family. I met Francis' Lola (grandmother), the family matriarch. I remember to this very moment, the feeling of her grasping my wrist and whispering, “I would like to welcome you to our family.”

Upon my return to the U.S., Francis continued his English classes to study for the English exam as needed for our next shot at a student visa. Again, his enrollment application was accepted by the college, he received the I-20, we paid the $200 fee along with both the consultant’s and visa application fees. A trip to Cebu to meet with the consultant, then a flight to Manila, more hotels, and standing loaded down with documentation for an interview. But again the door was slammed shut in our face with nothing but an emptier bank account, heartbreak, and one more piece of paper with excuses for denying Francis the visa.

We are saddened that we must continue to endure this separation due to the injustice of current American immigration laws. Although I am periodically able to travel to and from the Philippines with no problem, it is both expensive and relegated to when time off from work is available.

Our story is like so many other same-sex binational couples in similar circumstances who are forced to live apart due to current discriminatory restrictions. I wonder how many people realize the financial and emotional toll we have to endure?

I now am more determined than ever to find a path in which Francis and I can be together. I have considered relocating to the Philippines and living in exile at least until a change is made in our current laws. I have consulted numerous immigration attorneys who are sympathetic, yet all agree that this is almost a no-win situation. There has been discussion of the option of possibly sponsoring Francis for a work visa through my family's business. I have researched this, but it appears to be quite complicated navigating all the paperwork, understanding requirements, and whether it is even viable.

Although sad and frustrated, I will continue my search for a solution to this insanity. Each obstacle we face results in our being even more determined to succeed in our goal of creating the life of which we dream. A life, unfortunately, only now afforded to a specific segment of our country’s population. Our hope is that soon we, and all the other couples who continue to be separated, or face the possibility of separation, will no longer have to endure this legacy of injustice. We all deserve a life and family not separated by distance and discriminatory immigration laws.

I made a promise to Francis. I will not stop, I will not give in, and I will not allow any person, embassy, law, or injustice to have the final say in our life together. This is my vow to my beloved Francis, the one man whose path crossed mine by some universal miracle. I now fight not only for our dream, but for the dreams of countless couples who know the pain of separation due to the inequality of our current immigration and marriage laws.

Are you a same-sex binational couple? Do you have families / friends affected by this issue? Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.