So today was an interesting day in my little teacher world.
I have a student whose brother lives in the US. He moved there legally on a work visa and is now in the middle of the green card process. While living in the US, he met a lovely Mexican woman who was also living and working legally in the US under one of the live-work visas offered under NAFTA.
So the student's Brazilian brother and his Mexican girlfriend decided to get married. While planning their wedding, the girlfriend lost her job (the one that was providing her visa). She still has a tourist visa for the US, so she stayed in the US with that, and the two of them consulted American lawyers. These lawyers told them to marry in Mexico, and then file at the US Embassy in Mexico City, that the boyfriend could declare her as his spouse from there and they'd be able to come back no problem. They said that the process would only take one day in Mexico.
However, I have a feeling that these lawyers were specialized in marriages between Mexican citizens and American citizens, because, as you guys can imagine, their advice was wrong and things didn't exactly work out as planned.
After their wedding in Mexico City, the couple went to the US Embassy, bringing all the paperwork that the lawyers had told them to bring and expecting something easy peasy. But when they got there, the employees in the embassy informed them that the Brazilian husband was, in fact, NOT allowed to declare her as his spouse and bring her back into the US, especially from a US Embassy (because he is Brazilian, not American). They said that the work visa he has does not permit him to bring a spouse from a US Embassy, and that he can't add her to his green card process this late in the game. The US Embassy employees told them that it was best that they go to Brazil, because the husband is a Brazilian citizen, and try to figure something out in the American Embassies here.
The wife could legally go back to the US on her tourist visa, but (a) she could only stay for 60 days and they'd still have to solve this problem; and (b) she's worried it would look suspicious if she goes in on a tourist visa and says "yes, I'm here to visit my husband!". So now she's here in Brazil.
Because of his job and their budget, the husband is back in the US. They just spent a lot of money on a wedding, and the husband doesn't have the money or vacation days to hang out in Brazil indefinitely while they try to work things out. So she's staying with his in-laws here in our small town, and he's working until the end of the year, when he'll have more vacation time and can come down to Brazil.
They're trying to figure out what they can remotely (well, the wife and the in-laws here, and the husband in the US). They know (well, they've been told) that they have to make an appointment at the US Embassy in Rio to get their marriage certified and see what they're options are, but that's all they know for now.
So that's where you guys come in! I know that some of you have been in similar situations, so I'm reaching out on behalf of my student's sister-in-law to see if any of you have any information. I mean, it's a unique case because the husband is not an American citizen, but he's allowed to live there legally and everything. I mean, even if you guys can just recommend good websites or blogs or lawyers, I can pass on the information to them. (I moderate my comments, so if you want to put up an email address or anything, I can write it down without publishing the comment, thus keeping any private information private.)
But can I just say how super super great it is to have this student's sister-in-law in town? I mean, she's been in the US for a while, so her English is practically fluent. She also has heard of where I grew up and therefore doesn't think it's strange at all that I'm an American who speaks (well, spoke) Spanish and knows lots of stuff about Mexican culture. So it basically feels like having one of my own around. She came to class with her sister-in-law (mostly to get out of the house, I think). Her SIL's English is pretty advanced, too, so we had a great time just chatting and ignoring the book. But I have to say that it IS an extra challenge teaching an ESL student and an EFL student at the same time. Both their needs and their errors are totally different. (Well, because Spanish and Portuguese are so similar, some of their errors are the same.)
I also realized how lazy I've gotten teaching students that all speak the same language. I used to have all kinds of creative ways of explaining English things to classes with mixed native languages. But here in Brazil, I just explain things in Portuguese, (a) to save time and (b) to assure that they're getting the right translation. So if this girl keeps coming to class, I'm gonna have to step up my game a bit!
But yes. The 3 of us will hopefully go out a bit. My student's SIL and I are similar in that we're strangers in a strange land (though the land is less strange for me now), and that we both need to get out of the house a bit more.
But in the meantime, if you guys have any information or advice about her visa situation, it would be greatly appreciated!!!!!
Thursday, October 28, 2010
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What a mess... I hope your ex-students new wife had at least met his parents before moving in with them. Sigh.
ReplyDeleteI think "Corin in Exile" is the go-to blogger for this one. She (a US citizen) is now in Canada and her Mexican husband is living with friends in Rio.
www.corininexile.blogspot.com
If I am right, the only thing they can do, is have their marriage certificate certified here in Brazil. We did it at the c....they send it to the translator and then the judge who certifies and you get your marriage certificate back. Then after that, he will have to petition the consulate to change his visa to allow his wife to come as well. This will take a few months (of course) but i think it's absolutely doable. I have a lawyer, Linda Osberg, out of Florida and she is top notch. Id be more than happy to send her email/phone number if they'd like it!
ReplyDeletehaha at the catorio sorry!
ReplyDeleteOh yeah, by the way...Im pretty sure Leo is Brazilian...or at least that's what I thought...
ReplyDeleteJust checked and Corin describes Brazil as Leo's "native" country. I have this memory of reading a post where she described Leo's drama being rooted in overstaying a visa from Mexico... WTF?
ReplyDeleteI read too many blogs...
What I understand is that once he has his green card (I'm not sure how long that will take) then he can file a K-1 visa like L and I are doing or a spousal immigrant visa of which there are two. The advice from the lawyers sounded bad to me. Immigration sucks big time! I'm sorry they are in that situation.
ReplyDeleteI think they might be able to file one of those visas without him having his green card yet but it will take years like more than five for it to be approved.
I'm afraid I can't help you much there... the visa process in the NL is completely different (not to mention worse) than the US. All I can say is that the only place apparently simple to do that is Brazil. Go figure 8-)
ReplyDeleteBut I guess other people just gave you good advice, so all I can do here is whine about how much this visa crap sucks!!
Hi there, I came to your blog From Rachel's and I love it!
ReplyDeleteI'm kind afraid to write in english once you are a english teacher, but you might know how difficult it is to learn a new language, especially after 30's...hahaha
I'm a brazilian, married with an irishman living in Ireland...so...I'm gelous of all of you who are living in Brazil...
Keep up with the good work here...
and of course, sorry about my english mistakes!
Cheers!
Hey,
ReplyDeleteWrote a comment before, but of course my internet crashed when posting. That was the worst advice! Immigration lawyers are so bad. The guy needs to do the process in the U.S. for his wife once he gets his green card.
ttp://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16aa3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=16aa3e4d77d73210VgnVCM100000082ca60aRCRD
The USCIS is really user friendly and can be changed to Spanish at the top right corner. This link is to how a green card holder gets the spouse a green card.
Everything is on his process when he is done, then she begins her process. Get a lawyer through referral of an immigration center. Even through this referral, which should be golden --I would still get second and three opinions (maybe even fourth). Lawyers lie to immigrates, then they end up leaving the U.S. and the lawyer getting tons of money off them.
If it is a MUST to return, she get a tourist visa to the U.S. and overstay. Then she could oversee the process herself and be with he husband (just no official work). An overstayer just pays a fee. But they might not give her a tourist visa (due to overstayers). Never cross borders or do anything illegal to get into the U.S., if you are serious about a permanent visa. If so you probably won't end up getting.
Before overstaying or anything, even starting paperwork consulate with a good lawyer. You need to have questions ready for the lawyer to test their knowledge.
She might have to return to Mexico. After the process takes off she will need an interview. If she doesn't have a permanent visa in Brazil, she may need to go to Mexico City. I am not sure, that is a lawyer question right there. She is also going to need to prove her relationship is real photos, emails, letter and what else. Have those things handy. Translate documents into English.
I volunteered at an LGBT/Immigration center. Resulting from a class called Queer Migrations in college. Fun, fun.
P.S. Her visa will be conditionally on her husband's visa. I.E. the husband loses his green card, so does she. Unless they apply for her green card two years after the date of their marriage. Or file a form asking for the conditional green card to be waved. Another lawyer question.
Yikes, can you imagine? Can you honestly imagine being in her position? Ahhh god when they get through all of this mess she will definitely be a stronger person for it.
ReplyDeleteAnyway, I've got no advice unfortunately, just think that story is so frustrating!!
Hi Danielle:
ReplyDeleteI believe Nina is correct, IF her husband is a green card holder, he can sponsor her from mexico OR from the US. She can go back there and do what's called a change in status to switch from a tourist to a permanent visa, I believe. They really never should have left! What bad lawyers! Anyway, I am going through the immigration process here in Brazil for my husband and I am using an awesome lawyer, Lizz Cannon. Let me know if you would like her info. I really feel for them, the whole immigration process is a nightmare!
BTW Jim---I believe that Corin's husband entered the US illegally through Mexico, I think that is what you are thinking of.....
Oh and by the way, SHE ABSOLUTELY SHOULD NOT OVERSTAY her visa...if she overstays less than 6 months she will be subject to a 5 year ban, more than six months it is 10 years and she will not want to get into the mess of needing a waiver, which is very difficult.
ReplyDelete