Tuesday, August 2, 2011

Raúl gets his Wings: U.S. Embassy Grants Tourist Visa to Travel with Brad from Ecuador to the US in August

Raúl and Brad
A happy update from Brad, from Cuenca, Ecuador.  

For many gay Americans with a partner abroad, obtaining a visitor's visa can be an elusive and frustrating process. Just spending a few weeks together in the United States can start to seem like one of life's most daunting challenges. Most applicants for visitor visas in developing world countries have virtually no chance of approval unless they are from the most affluent echelon of society. LGBT applicants, who may have fewer "country ties" than most (no spouse and children to anchor them to their own country, for example), often have even lower chance of success. If the Consular Officials know that the purpose of the trip is to visit a same-sex partner, that could be enough reason to deny the application since that may suggest a strong likelihood that the applicant will stay in the U.S.  These were the enormous odds that Brad and Raúl were up against as the fate of their visitor visa application was in the hands of the U.S. Consulate in Guayaquil, Ecuador. 

We’ve all heard the story about that Peace Corps volunteer who goes off and spends two years working alongside community members in a developing country. Before he returns home, he meets the love of his life and before you know it, they’re on a plane to start a life of opportunities together in the U.S.

Unfortunately, that’s not quite how the narrative works for a good number of same-sex couples who fall in love abroad, be it in Peace Corps or otherwise.

I met my partner, Raúl, in August 2009, half way through my Peace Corps service in Ecuador. Not much longer after that we started dating. We were an unlikely couple to start, being of different nationalities, languages, education levels, and socio-economic status, among other differences. However, what we lacked in a common background, we made up for in patience, caring, and clear communication. Throughout the ups and downs of my final year of service, Raúl and I grew as a loving couple. July 29, 2010, my close of service, came much too soon. My plan was to leave the country to seek employment and apply to graduate programs in psychology in the U.S.

Brad's grandparents who will soon
celebrate their 50th wedding anniversary
with Brad and Raúl present
  
Still, we had hope that Raúl could at least visit my family and me for Christmas, further strengthening our relationship and allowing us to make plans for the future. A month and a half after my departure from Ecuador, Raúl applied for a visitor visa and his interview with the US Consulate in Guayaquil. Unfortunately, we were rather naïve about the application, thinking that our relationship would be a helpful factor in his application when in reality it was a hindrance. Once it was known Raúl’s partner was an American living in the U.S. that constituted an important factor for the Consular Officer who assesses each applicant's presumed immigration intent.   Raúl had other deficiencies that would doom most Ecuadoreans from obtaining visitor visas to the U.S., such as his relative lack of savings and lack of strong connections (like a wife and children, or property ownership) in his native Ecuador. As a result, Raúl’s application was rejected without much consideration from the consular official.

It was a heartbreaking moment for both of us and we shared it with The DOMA Project on this site earlier this year. I still remember being in Chicago’s Union Station hearing Raúl cry over the phone after his unsuccessful interview. Never had I felt so powerless. That day, I decided that if Raúl could not visit me and my family in the US, I would return to Ecuador.

So, I did return—much to the disappointment of my family and friends back home. Together, we bought a café/bar aptly named “Black and White.” Starting a business was far from easy given that neither of us had any experience in opening one, much less while holding a 40+ hour/week day job. Fourteen hour days were not uncommon. In spite of the stress of working our day jobs and running Black and White, we were eventually able to make our small business profitable.

After a couple of months together, we decided we would try again for a visitor’s visa. I knew that my grandparents would be celebrating their 50th wedding anniversary in August and while I was still in the US, my grandmother invited both me and Raúl to join the family for this momentous occasion. After consulting extensively with Lavi Soloway at The DOMA Project, we began working on Raúl’s new application. This time around we took a much more comprehensive approach and did our homework with Lavi Soloway's guidance. Between my day and night jobs, I did my best to motivate myself to work on writing and collecting affidavits from family members back home; documenting an offer to post a bond to guarantee Raúl’s return if a visa was granted; completing the DS-160 form; compiling financial records and business records from our business, Black and White; purchasing round-trip plane tickets; acquiring an invitation to present on Ecuadorian crafts;  and collecting any other information that might convince a consular officer that the purpose of Raúl’s visit was specific, discrete and temporary.

Thankfully, in addition to collecting all the evidence that would overcome the Consular Officials presumption of immigrant intent, we were able to secure a Class B Referral from a member of the US Peace Corps Mission in Ecuador. Also, following Lavi Soloway's suggestion that we reach out to our elected officials, we were able to get a letter sent from Congressman Bruce Braley’s office to the US Consulate, requesting that the Consulate give a thorough consideration of Raúl’s application.

After months of hard work, anxiety, exhaustion and tears, and several pro bono Skype consultations with Lavi Soloway, the application was ready. On the day of Raúl’s interview, June 27th, 2011, we were both extremely nervous, knowing that since he had been denied the year before, the outcome of this application was extremely uncertain. It was hard to permit ourselves to get too optimistic.  Even with all the evidence we were able to compile, we both knew it was more likely than not that his application would once again be rejected.

Much to our surprise, Raúl beat the odds. The friendly consular officer in Raúl’s interview took the time to understand the unique circumstances surrounding his application to visit the United States.  She noted that Raúl’s purpose in visiting the U.S. was to attend my grandparents' 50th wedding anniversary.  She had statements from my grandparents and my parents in the file, with all the other evidence.  Upon the conclusion of Raúl’s interview, the consular officer informed him that he would be granted a visa to accompany me on a visit to my family in the U.S. When Raúl told me over the phone of the outcome, I was overwhelmed by feelings of joy, disbelief, anxiety, and vindication from the past year; I can’t well describe just how I felt. All I could do in that moment was cry. Even now, I get teary-eyed writing about this.  Most importantly, I felt that for the first time my government had validated my effort to be treated equally and with respect by knowingly permitting a gay man from Ecuador to travel to the U.S. to spend time with the family of his American boyfriend.  I was grateful that the Consular Officer believed Raúl when he said his intention was only to make a short visit and that he would return to Ecuador as promised.  The Consular Officer required Raúl to physically return to the consulate after the trip to prove that he had come back. This suprised us, but it also reminded us how incredibly difficult it is for an unmarried man, with limited financial means and few ties to his own country to obtain such a visa at all.


Raúl once told me that he was born without wings to fly—that is, the ability to accompany me to the U.S. Today, thanks to many people including my parents, grandparents, Lavi Soloway, Representative Braley, the Director of Peace Corps/Ecuador, the US Consulate in Guayaquil and many others who offered either advice or a listening ear, Raúl now has his wings. He now will have the privilege to meet my family as I have had the privilege to meet his. We are most grateful to all for this opportunity.

Because Raúl’s visa is a visitor’s visa, it is temporary. He must and will return to Ecuador. All the same, visa renewal requires another application and further uncertainty. As with bi-national same-sex couples residing in the US, we exiled couples must also learn to overcome uncertainty, separation, and expiration dates. This unfair burden for same-sex couples must be resolved so that future couples like Raúl and me have a fighting chance.

Regardless of what may happen after Raúl’s visit, we will keep fighting for our relationship. We hope that Raúl’s wings won’t be clipped once he returns to Ecuador.

See also, "From Iowa to Ecuador: Peace Corps Volunteer Falls in Love, U.S. Denies His Partner a Visa," and "Exiled in Ecuador, Brad & Raúl Try to Plan for a Future Together." The Iowa Independent ran this article about their plight.

Last fall Brad wrote a moving essay for the Lesbian, Gay, Bisexual and Transgender U.S. Peace Corps Alumni, titled, "Back Home: How Peace Corps/Ecuador Changed Me," in which he describes his experiences in that country and his coming out to his grandmother back home in the rural midwest.

11 comments:

  1. i am in the same situation. how can i get my wings like raúl did? even IF for a shor visit to meet my wife's family. we are currently living in Rio de Janeiro, Brazil since 2008.

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  2. I am a gay man from Colombia...and for me getting just a tourist visa to visit the US was a very tough thing to achieve...

    I understand their plight ...And wish them the best.
    =)

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  3. It's so nice to hear a positive story like this! It gives me hope.

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  4. If Raul's passport expires in Sept this year you may have to make sure to get it renewed before he travels. I think that some places cause problems for entry into a country if the passport is within two months of expiry. Best renew it, just to make sure.

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  5. That's his visa, not his passport that expires in September, but the input is welcome. Thanks everyone for your well-wishes. Anyone with questions about this case or any other please contact us at StopTheDeportations [at] gmail.com

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  6. well i guess we know about that civil union in france soon married is NH living in mexico.... plus more than 3 years betwen france and usa..... we are in 2011? when i think about all the money we have spent just to be together.... its just stupid... so i dont expect anything from the french government completly old-fashioned but i have hope with Usa.... for the moment thanks to mexico....

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  7. how long to wait, hoping someday to return to Miami with my partner, we are in Santiago de Chile. since 2008

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  8. You do not realize what some people have to go through till you hear and actually listen to their story. It upsets me to know as a citizen of the U.S. that our government even still today would deny some the rights that is granted to others because of their sexual orientation. It doesn't matter black,white gay or straight, rich or poor we all deserve equal rights.

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  9. Thank you everyone for the well wishes. And thanks to Lavi and the Stop the Deportations Project for all their help.

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  10. Dear Brad
    I´m very, very happy!!
    Es gratificante ver que su lucha ha valido la pena, me encanta que estén juntos disfrutando de su país, de su familia, de sus costumbres!! Dios los bendiga y los conserve siempre juntos y felices, le escribí a su celu, mire que traté de coincidir para verles pero su horario estuvo ajetreado por acá!!! Felicidades nuevamente y un abrazo a la distancia.
    No le escribo en english, ya ve ud que my grammar es muy mala!!!

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  11. Great that Raul got to visit the US

    But on the other hand it is an INSULT from our country to its LGBT citizens - they granted them the "favor" for Raul to get a visitor visa...for a couple of months, and be chaperone by his partner, and furthermore...come back to the US Embassy and show his face and "prove" his return.

    That Consulate Office probably grants hundreds of 10 year Turists Visas to a number of heterosexual Ecuadorians...none of these visas have the strict requirements that they imposed on Raul.

    I am ashamed of my country
    So much for "Human Rights"
    So much for "fairness and human decency"

    IT IS OUR RIGHT AS AMERICANS TO LOVE WHO WE WANT
    THIS BULLSHIT WILL END, THE DAY WE ALL WALK THE STREETS IN PROTEST AND DEMAND OUR RIGHTS !

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