HELP!! INFORMATION ON C-1 VISA

[Tasha Fox 0]

I WROTE HERE BEFORE LIKE A MONTH AGO. I NEED HELP MY HUSBAND HAS A C1-D VISA. HE CAME IN THE STATES AS A CREWMAN. HE OVER STAYED HIS TIME. WE MARRIED I WANTED TO KNOW WHICH FORMS TO PUT IN. HE DOES HAVE A I-94 WHITE PAPER IN BACK OF THE PASSPORT. WHAT SHOULD I DO

[Dan J 277]

I WROTE HERE BEFORE LIKE A MONTH AGO. I NEED HELP MY HUSBAND HAS A C1-D VISA. HE CAME IN THE STATES AS A CREWMAN. HE OVER STAYED HIS TIME. WE MARRIED I WANTED TO KNOW WHICH FORMS TO PUT IN. HE DOES HAVE A I-94 WHITE PAPER IN BACK OF THE PASSPORT. WHAT SHOULD I DO

I'm not entirely sure you can apply for AOS from a crewman visa. But if you can, follow the instructions on the I-485 and you will need to include the I-130 form and have a full medical. In the meantime, your husband cannot leave the country and return until AOS has been approved or he has been granted AP.

[pushbrk 12,119]

I WROTE HERE BEFORE LIKE A MONTH AGO. I NEED HELP MY HUSBAND HAS A C1-D VISA. HE CAME IN THE STATES AS A CREWMAN. HE OVER STAYED HIS TIME. WE MARRIED I WANTED TO KNOW WHICH FORMS TO PUT IN. HE DOES HAVE A I-94 WHITE PAPER IN BACK OF THE PASSPORT. WHAT SHOULD I DO

I'm not entirely sure you can apply for AOS from a crewman visa. But if you can, follow the instructions on the I-485 and you will need to include the I-130 form and have a full medical. In the meantime, your husband cannot leave the country and return until AOS has been approved or he has been granted AP.

That is correct. The visa isn't the issue but depending on how long he overstayed, there could be some difficulty. Usually not though, when married to a USC.

[athena_ny 1]

I WROTE HERE BEFORE LIKE A MONTH AGO. I NEED HELP MY HUSBAND HAS A C1-D VISA. HE CAME IN THE STATES AS A CREWMAN. HE OVER STAYED HIS TIME. WE MARRIED I WANTED TO KNOW WHICH FORMS TO PUT IN. HE DOES HAVE A I-94 WHITE PAPER IN BACK OF THE PASSPORT. WHAT SHOULD I DO

I'm not entirely sure you can apply for AOS from a crewman visa. But if you can, follow the instructions on the I-485 and you will need to include the I-130 form and have a full medical. In the meantime, your husband cannot leave the country and return until AOS has been approved or he has been granted AP.

That is correct. The visa isn't the issue but depending on how long he overstayed, there could be some difficulty. Usually not though, when married to a USC.

You can't adjust from a crewman visa though, according to the AOS instructions. So the overstay very well could be a big problem requiring a waiver if he has to return to his country because he's not allowed to adjust.

[Boyinflorida 2]

Not 100% sure but my attorney says that you can always apply for AOS but only if you've legally entered the country. USCIS "forgives" your "sins" when married to USC but only if legally entered the country!

[athena_ny 1]

Crewman visas (C-1/D-1) are a totally different ball game, which is what I think everyone is missing.

http://boards.immigrationportal.com/showthread.php?t=239050

http://expatforums.com/c-1-us-citizen-marriage-106877/

http://britishexpats.com/forum/showthread.php?t=325463

http://www.uscis.gov/propub/ProPubVAP.jsp?...ef7cb3e7cae9218 - the INA section related to this

No exceptions seem to be made in the verbiage for a crewman who is an immediate relative of a USC as with the VWP and visitor visas, overstays and unauthorized work.

The OP needs to speak to a lawyer stat, but it doesn't look good.

[pushbrk 12,119]

Crewman visas (C-1/D-1) are a totally different ball game, which is what I think everyone is missing.

http://boards.immigrationportal.com/showthread.php?t=239050

http://expatforums.com/c-1-us-citizen-marriage-106877/

http://britishexpats.com/forum/showthread.php?t=325463

http://www.uscis.gov/propub/ProPubVAP.jsp?...ef7cb3e7cae9218 - the INA section related to this

No exceptions seem to be made in the verbiage for a crewman who is an immediate relative of a USC as with the VWP and visitor visas, overstays and unauthorized work.

The OP needs to speak to a lawyer stat, but it doesn't look good.

Looks like you're right. An attorney is the way to go on this one but its full of land mines.