Monday, June 29, 2009

Separation Grind

We did not immediately get married, and I settled into a routine. I went to school, volunteered at my rescue squad and worked every available shift to make extra money to take trips to see M. I kept my eyes peeled for cheap airfares, signed up for a frequent flier program, and got used to driving each time I could not find a good fare.

*As a side note, any students who might be reading, check out www.studentuniverse.com for really good airfares. You have to book a minimum of two weeks ahead of time and have to keep your eyes peeled because the fares change daily, but I got some monster good deals during that period of my life since I was working on my Master's and full time in school.*

The fact that M and I were not yet married and therefore could not start his immigration process really began to get me angry. Every spare moment I had was dedicated to either finding ways to travel to be with him, actually travelling or working so that I would be able to travel. I was beginning to get exhausted and started to blame M. After all, we could start if he could just get over being petrified of marriage after his Pakistan ordeal. On reflection, I may have been being selfish, but I knew he wasn't going to get better until things were settled. He was still horribly depressed, and this on top of everything else really stressed me out.

On the up side, school was really interesting, but didn't consume much of my time. The most difficult scheduling for that semester (Fall, 2005) was doing 30 hours of high school observation. The next semester, however, I knew was going to be absolutely crazy. The culminating project for my Master's in Teaching was a full-time (unpaid) student teaching assignment at a middle school. I would be required to work the same hours as a teacher, including all after-school assignments and parent meetings, and somehow manage to keep up with my "M travel" and work enough to keep a roof over my head. The way I did this was by working 14 hour night shifts on Friday and Saturday nights and a 10 hour day shift on Sunday. My saving grace was the November/December horse racing assignments.

That sounds funny, right? . . . an ambulance at a horse race. . .well, we were to take care of any jockeys that fell off. For this, we were payed overtime pay, 1.5 times our normal rate, no matter if it was midway through shift or if we came in specially for it. These were basically snooze assignments. We would sit on the field, watch the race, or read, whatever, and wait for something to happen. Thankfully, usually, nothing did.

Anyway, exhausted as I was, I continued all of these assignments and waited, impatiently, for M to wake up.

Wednesday, June 17, 2009

Slow Changes

The divorce certificate arrived in November 2005, seven months after M sent the divorce. I went for my Thanksgiving break and we got it notarized. I thought that this would be the end of all our problems and that we would just immediately get married. M was not thinking the same thing. M was still reeling from his last "marriage" and felt like nothing should be rushed. He was getting a little more to himself but was still much more gun-shy than the man I once knew. Before his trip M was almost cocky, now he was hesitant about each new move. He had the urge to study everything and wanted to just 'let things happen' without any forward motion from his direction. For this reason marriage, among other things were difficult.

M again sought counsel about marriage from the Imam of his mosque, who did not even listen to his question and basically sent him away. He tried instead the gentleman who handled marriage ceremonies at his mosque. This man actually yelled at M. The man demanded to know why M would want to marry a non-Muslim. M could not even try to reason with him, he was too embarrassed by the man's reaction. M never tried to speak with either man again. M had attended this mosque for more than eight years, but when he needed assistance and counsel, no one would listen, except for Uncle.

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M had arrived in January and since then had not been able to find consistent work. In April, as soon as the divorce was declared and sent, he managed to find agency work. It was not always the same place, but it was daily work and gave him some money to work with. After a month of showing he was dependable, the agency sent him to work in a factory as a temp for a long term assignment. This gave him a bit of consistency and a higher wage, but ended after only three months and though his supervisor wanted to hire him permanently, the contract they had with the temporary agency prohibited it. And so by November, it was just temp work again moving from place to place to place and working for meager pay after trudging through Canadian winter snow and riding the bus.

M hated riding the bus more than anything. Riding the bus meant walking a fair distance through the snow, and added about 45 minutes to what would normally be a 15 minute drive. When you have to be at work at 7:00 am, this is a significant hardship, at least for my friend M. I was trying to find solutions to this problem and it came in the form of my own car-lust. I wanted a different car. I had long been wanting a change and fell in love with a little sporty Cougar. They were not very new, and thus were pretty cheap. I wanted one and that meant that I would no longer need my older 1999 Contour. I thought it would be a cool idea for M to have a car and for me to have my Cougar. That November M got his divorce and his Contour.

Getting up 45 minutes later than before somehow made living in a motel, working temp jobs for crappy pay and 700 miles of separation a little more tolerable.

Friday, June 12, 2009

Obsession

I am not a patient person, I am actually quite obsessive. I can obsess about anything. I usually turn it into a good thing, again by learning everything I can about whatever is going on. In my obsession about getting M to live with me in the United States, I began researching everything about immigration that I could. Google was again my best friend. I found legal websites and forums where there was a ton of information.

I found out that in order to overcome the Expedited Removal from that day at the border, we would have to file a special waiver and wait for it to be approved before being given a visa. I reasearched waivers in depth during this period. I spent every extra moment trying to find instructions on how to compile evidence for the waiver, how it would be filed, statistics on wait time and approval rates. I was completely obsessed. I couldn't have M, so I had to have something to fill my time.

My secondary obsession, only secondary because I had absolutely no control over it, was getting M motivated an getting a copy of that divorce certificate. After much nagging, M began calling his father (over and over again) to get him working on a divorce certificate. This was another aspect of my research, I knew that M needed a copy of the union council certificate.

*Cultural note* In Pakistan, smaller towns are divided up with Union Councils. . .think equivalent of a Town Council or a Board of Supervisors only with a lot more leverage. The Union Council maintains divorce records and tries to set up arbitration to prevent a divorce. This is in addition to many other duties . . .

Unfortunately, M's family felt that the council would not give a certificate because of the influence of the girl's family. For this reason, M's father and brother enlisted the help of an attorney, who drew up a paper for M to get signed and notarized in Canada. This letter was written on something called "Rupee Paper" and had Government of Pakistan watermarks on it. The attorney assured M's family that this was "exactly" what was necessary to prove divorce. He claimed to have had clients successfully use it for U.S. Immigration in the past. I, on the other hand, assured M that it was not what was needed and even showed him the information on the Department of State website.

M believed the attorney.

Thursday, May 14, 2009

The Divorce

In my mind it took quite a bit of time for M and Uncle to get the divorce letter written. M thought of it as a very complex document and had no idea whatsoever in how to write it. For this reason he allowed Uncle to write the letter and he would simply read it for accuracy. The letter had to be very specific, Uncle told him, for the sake of the girl. It was comforting to me that they took this into consideration, but I still wanted him to legalize it specifically in Canada.

The Canadian divorce would be viewed much more favorably here in the states as well as in Canada. I had already read how divorces from Pakistan were eyed suspiciously be U.S. Immigration because of the supposed ease of obtaining fake certificates and the prevalence of 'fake' so called 'green-card' marriages from that country. I must have been 'warned' by 'friends' a million times about being careful of my Pakistani fiancee since he might have another wife waiting for him in Pakistan. . .especially hurtful since, haha *insert horrified, hurt face* on me, technically he did, and I hadn't told any of them. (Some of my friends had even told me they were worried when I took my first trip to Canada to visit, that I would find him there with a whole other family. . .)

M's reaction to this suggestion was not good. The cheapest attorney we could find in Canada to handle this was about $2,000 and wait times ranged upwards of a year, even with an unconsummated, short marriage with no compicating financial entanglement or children, etc. . .Divorce in Pakistan, on the other hand, was simply the cost of the postage and the notary stamp. Since rukhsati had not taken place (the girl never left home and the marriage was not consummated) divorce would be almost immediate on the receipt of the letter. This uncomplicated version of divorce was probably another reason U.S. Immigration frowns on these certificates.

As if the situation couldn't just be this simple, it was further complicated by the fact that M would have to obtain an official copy of the divorce certificate from Pakistan. This would be completely impossible from the U.S. or Canada, so he would have to rely on his family *insert malicious laugh here* to obtain the official documentation. You can well imagine how keen they were on helping out with this matter.

And so, Uncle wrote the letter, M recopied it, so as the divorce would be from him, it was signed and notarized and copies were sent to all involved parties, Union Council, the family of the woman in Pakistan, and M's family. This was not the end of the story, since the union council and the woman's family wanted to try arbitration. I got more than one panicked call from M about some family member or another calling to threaten his family, with what social outcasting I was never told, if the divorce went through. As far as M was concerned, religiously and legally for Pakistan, the divorce was already done. The letter was final and since he had written it a specific way (3 talaqs) it would not be undone. Now, we just had to wait for the legal certificate.

Sunday, April 26, 2009

Rebuilding

We were devastated that M was not going to be able to return with me. We had not even considered any other options, but now we were working overtime trying to make a plan. I had brought a considerable amount of money with me for the trip and so a hotel was not a problem. M's cousin, with whom he usually stayed after long trips like this one, was not in Canada. He was at the time visiting the states.

It was very difficult to swallow the new situation, and we didn't yet know all of the implications. At the hotel room we tried to discuss options, but to him it was just hopeless. The next morning we got up and started looking for a longer term hotel to stay in until he could get contact with his cousin and apply for jobs. We used some of the money I had brought to pay for a month in a not so nice motel next to M's mosque. The condition of the motel did not matter as much as it's proximity to both the mosque and his cousin's apartment and the fact that it included his necessary furniture and electricity. Do remember that it was January in Canada. The motel was warm, and that pretty much says it all.

After a few days I had to return home and left M sitting in his room, alone.

For the sake of brevity, I'm going to be a little less detailed about the next few months. The incident at the border had M convinced for months that he had done something wrong and was being punished by God. He was depressed, his cousin was still away, and finding a job in the winter in his city is sometimes difficult. His only comfort was the mosque.

I visited every three to six weeks at that time. Every time I got a few days off, I would drive myself 12 hours to see him. It took months for me to book my first ticket by air, which was a new experience for me. I had never flown anywhere. I scarfed up student airfares and found last minute bargain prices as often as possible.

M was having trouble figuring out the best way to go about the divorce and was beginning to doubt that he could even go through with it. He had called his parents within days of his arrival in Canada and made it known that he intended to divorce the woman. It was made a somewhat more simple (a difference of degrees here) because within days of his return to Canada, the girl's siblings has started calling and writing to M and his family trying to get money (large sums of money) sent for business ventures, among other things.

M tried going to his imam and some of the elders at the mosque for advice on what he should do about the divorce. He ran into a wall when he asked for advice about divorce. The answer was always "try to work it out." The men would not even listen to the story, they just advised not to divorce. It took M until April to find a man he still refers to as "uncle" to listen to his story and advise him based on the actual background and not the pat answer.

In the meantime I was not patient or kind. I was growing more impatient every day. I had waited months for him to return and I had mistakingly thought it would be easy for him to 'leave' the woman he'd met only once. I had no concept of the emotional toll this would take on both M and his family. His parents would change their minds daily going from supporting the decision (on days when her family called for money) to yelling at M for trying to "abandon" this woman and his own family.

In April, "Uncle" managed to convince M that his marriage was not real. M describes it as if Uncle were trying to wake him up. He says Uncle yelled at him that it was not a marriage at all. Uncle criticized his family for ever allowing it to take place. Uncle's own marriage, though it was 45 years ago, was one of love and not necessarily family arrangement. Uncle told M he was "not really married" he told him he had done nothing wrong, and that the woman would be free to marry someone else, as soon a M would "free her" to do so, meaning the divorce. It took this man's opinion to make M feel comfortable enough to go through with everything. It took this man's knowledge to figure out how to best go about the divorce for the sake of both M and the woman.

I had always assumed that M would do a divorce in Canada, but this man asserted that a divorce would be better for the woman if handled in Pakistan. The requirement being a formal letter, witnessed, sent to the union council in her area. This would be quickest for her and would give her proof and the ability to move on quickly. And so, this was how it would be done.

Tuesday, April 21, 2009

The Memory

Certain things about that day at the border are burnt into my brain. The name of the officer who issued all of the orders, the reactions of his co-workers to his attitude and demeanor, the way that the other officers watched M and I each time we were again placed together over the course of the day. But I think the picture that I replay the most was M's face.

M was already 'broken' when he came back from Pakistan. He was emaciated, aged and more depressed than anyone I had ever known, but each time he saw me start to break he would come alive, and I did the same thing for him. It sounds dramatic as I type it, but when the officer first told us M was going to be denied entry I turned into stone. Every American stereotype about believing in "rights" and "justice" came out in me. I glazed over and stared at the officer. I made him give every inch that I could possibly take. I demanded explanations of each sheet of paper M had to sign. I stood my ground about getting my phone back and being allowed to call home. I demanded to know where M was going to be each time he left me. When M started to break, I told him not to worry, things would be fixed. This would be fixed. I drew my determination that day, and trust me, I needed it.

I had no idea of the determination it was going to take. I had no idea of the multiple laws that had been written in such a way as to undermine exactly what it was that I wanted, a life (in the United States) with M. I was ignorant to exactly how powerful this one man was in the grand scheme of things, and I had no idea that my government really has written away the rights, the same rights we as American citizens take for granted, for anyone who is not a citizen of our country. The same rights that dear Mr. Bush ironically propagandized spreading all over the world.

When it was written that "All men are created equal. . . ." it did not mean "all" men. At the time it left out both women and people of color. Now, it left out anyone not from the United States. When we tout "due process" and "justice" and "innocent until proven guilty," all of that has been intentionally written out of our immigration laws, and NO, it does not make it easier if you are married to or related to a U.S. citizen.

The memory that strikes me the most from that day, I was sitting in the waiting room in between the first and second round of questioning, still hoping to be allowed to take M home. M had disappeared from sight for what had to be an hour and I heard his voice. M is tall, over six feet tall. I caught sight of him as he was being led between a few cubicles. One of the other officers was taking him to be fingerprinted and he looked out and saw how worried I was. I was standing on my tiptoes to try to see him, to gauge the look on his face. He looked square at me, and winked.

Monday, April 20, 2009

'Dedicated' pt.2

I was nervous as we walked inside without our passports. We looked for a representative to have them. We waited a few minutes before addressed by an officer who started to ask M questions about his trip to Pakistan and then questions about his residence in Canada. M was too honest and though he technically had a place to stay with his cousin, admitted that he had no lease in Canada as he had just come back from a five month stay in Pakistan. They discussed his previous jobs in Canada, since he also had no work in Canada right now, again, he had just returned from Pakistan.

Every part of the conversation continually went back to Pakistan and it was then that I started to get antsy. I must have rolled my eyes too obviously because the officer told me that I was no longer allowed to stand beside M and must go sit in one of the lobby chairs a few feet away. I felt I had no choice but to obey. Within a few minutes M joined me and the officer set out to search our car. When the officer came back he had basically decided we were up to no good. In my briefcase he found, as I had told him he would, out of date immigration paperwork and as I had not warned him, articles on divorce. The articles were research I had done on what M would have to do to divorce the woman in Pakistan, but somehow the officer had conjured in his head that we had some elaborate scheme starting six months ago for M and I to apply for his immigration, get married, and then for me to divorce him.

The officer placed us in holding cells behind the secondary inspection desk. We were separated and I was seated on a wooden bench in an entirely green room. He decided to "interview" us separately. I began calmly and explained that I had already told him about the expired visa application and told him that it didn't matter anyway, that M had been forced into an arranged marriage while in Pakistan and that was why he found the research on divorce. I also pointed out that if he read the research I had come up with, he would know that M had to return to Canada to divorce the woman since in my state you have to be a resident to obtain a divorce.

Additionally, I rationalized, we could not apply for the visa at all since M was already married and a divorce would take months or even a year to accomplish. I did not stay calm during this interview and in fact was reduced to tears in telling the story along with the investigators questions and accusations. The man basically ranged from accusing me of immigration fraud to complete stupidity for believing anything this Pakistani man had told me.

M's interrogation was handled a bit differently. He was offered coffee, and the officer tried to "rationalize" with him. Somehow, this officer believed there was something sinister behind the two of us traveling together, besides the obvious fact that M was in fact, technically, married and I looked like a hussy. I was kind of beginning to feel like one too.

The officer placed each of us back into the cells alone and I got to listen as he and his coworkers searched through my purse and briefcase taking great care to look at each of my ID cards and EMS certifications. At that time I carried with me all of my Paramedic cards, student ID's, etc. He used the computer to research us and I listened as he joked about the contents of my purse and the fact that "She's obviously from *insert my state name here* look at all this stuff." Continuously my phone rang as the hours passed and I got to listen to them sit and ignore it as my mom frantically called to see what had become of us.

Posted all around the secondary inspection area were rules that they were supposed to follow. . .things like allowing a phone call. . .letting you speak with a supervisor. It did not matter which of these I requested, all were denied. In fact, I was there seven hours before being allowed to drink water from the water fountain or to even go to the bathroom. I was forced to not only request the bathroom trip, but wait for my specific officer to come back (after 30-45 minutes) to be allowed to go.

The officer decided that allowing M to enter the United States was too much of a risk. You know, being married and Pakistani and all. Instead of allowing him to withdraw his petition to enter, the officer decided to conduct what is called an Expedited Removal. This is a process that was signed into law in 1996, the Clinton era. It was a part of the Immigration and Nationality Act and basically gave Customs Agents the right to deport anyone applying or attempting to enter the United States. The entering 'alien' is not allowed to appeal the decision or to see a judge. They are not even in the United States, but they are declared 'deported' just as if they were, and are banned from entering for five years.

There is no appeal process and no seeing a judge. One requirement is that a supervisor approve the removal, there was not one on duty that night so the officer phoned him at home and he must have given verbal permission. Additionally, it is posted that I had the right to speak to the supervisor--the only manner of appeal--the officer denied this and did not allow me to speak with him.

M was photographed, fingerprinted and driven back to the Canadian side, after nine hours of holding, by the officer. I was allowed to follow, apply for reentry to Canada and pick M up in the Canadian immigration office. It was about 10:30 pm when we headed back to find a hotel where we could both stay.