Bi-inational Issue.

  • DCEric

    Posts: 3713

    Mar 11, 2009 12:50 AM GMT


    I am usually reluctant to make this kind of a post on here, but I could use thoughts from people. Responses, such as "that is so sad", is not what I want. I (we) need someone who thinks differently than us, to help us with a problem.

    My partner, A., is a citizen of India in the US on a work visa. He has been working for a small firm that has collapsed, and that would like to cease operations by the end of next week, but can drag its feet (for him) until the end of the month. He has another position lined up at a university. His former adviser has been kind enough to set him up with a position for a few months until he finds work again in the private sector. The problem is that they can't kick the funding/process the paperwork until May 1st. A. has hours to leave the country after his current company officially folds. Right now A. is plotting to go to Canada, to stay with a friend for a month.

    I cannot afford the rent by myself here, and this will seriously destroy our finances, as I will be the only income for a month. Does anyone know of anyways to keep him in the country (at the least, that will reduce the cost of paying for both of us in two separate countries), better yet keep him working. Any lawyers out there?

    We have already thought of a tourist visa. Won't work. The application process for developing worlders (is that a word?) is almost 10 months.

    /crying won't help, praying won't do you no good
    //when the levee breaks, momma you got to move

  • Posted by a hidden member.
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    Mar 11, 2009 3:27 AM GMT
    My advice is worth shit but:
    Call your congressman, tell him/her it's an emergency and ask for a delay or something until May. Congresspeople can work wonders with immigration-related issues - at least with getting passports.
    Or, have your partner take the risk and overstay his visa which he could get away with and, probably, not suffer any future complications unless he is a "developing worlder," in which case, according to my immigration attorney, it probably will cause future complications. But, let's face it; who doesn't overstay their visas.
  • Posted by a hidden member.
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    Mar 11, 2009 3:57 AM GMT
    my first thought is if half a month's rent wipes you out, you need to find a cheaper place to live and/or learn to save money for "emergencies"

    the political route is good advice. would be worth investigating.

  • Posted by a hidden member.
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    Mar 11, 2009 5:23 AM GMT
    It has become really tough. i don't know anyone who has successfully fought it. Even the marriage exception is challenged now. Generally you have too go back to your place of origin and start the process all over again.
  • Posted by a hidden member.
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    Mar 11, 2009 5:45 AM GMT
    What are the terms of his visa??? Any loopholes?? Have you spoken to an immigration lawyer???
  • Posted by a hidden member.
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    Mar 11, 2009 5:51 AM GMT
    http://www.uscis.gov/portal/site/uscis

    it has all the info on immigration and visas and stuff....i actually ran into this site while i was registering myself wiht the US Embassy in Pakistan...i hope it helps.
  • zakariahzol

    Posts: 2241

    Mar 11, 2009 3:00 PM GMT
    You can do what I do twenty two years ago. Get him married to an American women . The two off them have to stay married for two years and come up with evidence of marriage before he is granted a permenant green card (he will only get the temporary one upon his application, the permanent one come two year after marriage)

    But remember this sham married is illegal , he and his wife can spend up to two years in prison. You do it you take the risk.



  • DCEric

    Posts: 3713

    Mar 12, 2009 1:17 AM GMT
    hotshotcdn saidmy first thought is if half a month's rent wipes you out, you need to find a cheaper place to live and/or learn to save money for "emergencies"

    the political route is good advice. would be worth investigating.



    We have money put away. What we don't have is money for a plane ticket, one and a half months in a hotel, him having to eat out every meal- while I have to cover both our rent at home.

    The anticipate 'emergency' wasn't like this. It was that he had to go back to India, permanently. Which would have been cheaper. Why is India not a choice now? The logistics of getting a visa in India is much harder, and much slower than in Canada. Basically we thought we would both be forced to leave the country.

    Marriage immigration, even for straight couples is harder than it used to be, and is also a slow process.

    Have an immigration lawyer (which is where so much of our savings have gone to), and they basically say go to Canada and come back. I was just hoping that someone out there had a silver bullet.

    /Congressman isn't a bad idea. I think I will try that.
  • coolarmydude

    Posts: 9190

    Mar 12, 2009 1:29 AM GMT
    What if you got a short term tennant while A. works an odd job in Canada for only a month?

    Use craigslist/web sources/post rental notices...put the word out immediately.

    I think this will work better than a lawyer/Congressman due to time constraints.
  • DCEric

    Posts: 3713

    Mar 12, 2009 1:39 AM GMT
    Well, because that means I would have to share a bed with them. No work in Canada, he can't work there without the same kind of visa issues as here in the US.
  • coolarmydude

    Posts: 9190

    Mar 12, 2009 9:27 PM GMT
    So I take it that you only have a 1 bedroom place.

    Why can't your Indian guy work odd jobs locally for one month?
  • DCEric

    Posts: 3713

    Mar 13, 2009 8:39 PM GMT
    That isn't how US or Canadian labor laws work. In order to work, a company has to sponsor you. When they do that they must prove that they cannot hire that kind of talent locally, and thereby they must import it.

    Immigration from the developing, to the developed world is incredibly hard.
  • Posted by a hidden member.
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    Mar 13, 2009 8:57 PM GMT
    Eric, I empathize with your situation - a friend of mine was in a very similar predicament. Fortunately for him he was able to find a long term job with a university where he could be sponsored.

    Unfortunately for you guys I don't know any solutions other than working for a company/organization that will sponsor him. I'll ask my friend and see if he knows any other ways around this situation...

    Good luck!
  • Posted by a hidden member.
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    Mar 14, 2009 7:39 PM GMT
    Stupid question maybe, but how will he get into Canada?

    (I once had a friend whose visa had just expired - he just hadn't noticed and just didn't do the paperwork - and we were stopped as we were driving into Canada from Michigan. The Canadians didn't want to let him in for fear that he would then stay there, unable to return to the US. It took a bit of work, but we eventually got the head honcho on the US side to give him a letter saying that the US would take him back. That we had two vans full of children on their way to camp in Canada may have helped.)
  • Posted by a hidden member.
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    Mar 15, 2009 5:54 AM GMT
    Self Title and Self empower....

    He's an International Expert in Indian affairs and consultation.

    He can set up and negotiate travel and tourism.

    Maybe these are always off...but a business card puts you in business!!


    Maybe be the liaison between cooperate America and Companies in India for JOB OUT-Sourcing....rrrrrr
  • DCEric

    Posts: 3713

    Mar 15, 2009 2:11 PM GMT
    Caesarea4 saidStupid question maybe, but how will he get into Canada?


    He is in the process of gaining residence up there. We hoped this would be complete by the time we ended up in this situation. He has to go to Ottawa anyway at some point, this would be a helpful bonus of his being allowed to enter Canada.
  • bigtallguy

    Posts: 243

    Mar 17, 2009 4:05 AM GMT
    DCEric said
    /Congressman isn't a bad idea. I think I will try that.



    Maybe I'm missing something, but if you live in DC as your profile states you don't have a Congressman.

    I guess you could call your Shadow Senators and/or Representative but I doubt they have much pull on immigration issues since they aren't even recognized by the government.

    good luck!