Proving Residence on a Cruise Ship

[ManuFred 10]

It sounds like the OP had a crewman's visa, unless the cruise ship he was working on was Australian, and his USC wife was the one with a work visa.

-P

Sorry for all of the confusion. My wife is the US Citizen and I am a "Visitor" on a Visa Waiver.

Okay, in that case you should file I-130. You make a pretty good change to get accepted since you were already married before you entered under the VWP. If USCIS doubts you, they will interview you. At the interview it will become evident that you're marriage is real.

It is very important to state your employer on the G325A and I believe there is also a place on the I-130 where you have to explain how you met. Tell them about the 2 years on the cruise ship and you'll be fine

[YuAndDan 153]

It sounds like the OP had a crewman's visa, unless the cruise ship he was working on was Australian, and his USC wife was the one with a work visa.

-P

Sorry for all of the confusion. My wife is the US Citizen and I am a "Visitor" on a Visa Waiver.

Visa waiver should have a green I-94 card.

Also be very prepared to answer a lot of questions at AOS interview, they will be testing you as to intent when entering the USA, VWP is NOT for immigrating, it is for VISITING. Being married to a US citizen before entering the USA on VWP looks very much like intent upon entry was immigrations. The proper way to do this is to file an I-130 for a CR-1 visa, and then interview for spousal visa in home country.

Use of a NON-Immigrant visa that does not have immigrant intent as part of the visa is considered to be visa fraud.

BE WARNED

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Minya's wife 25]

It sounds like the OP had a crewman's visa, unless the cruise ship he was working on was Australian, and his USC wife was the one with a work visa.

-P

Sorry for all of the confusion. My wife is the US Citizen and I am a "Visitor" on a Visa Waiver.

Okay, in that case you should file I-130. You make a pretty good change to get accepted since you were already married before you entered under the VWP. If USCIS doubts you, they will interview you. At the interview it will become evident that you're marriage is real.

It is very important to state your employer on the G325A and I believe there is also a place on the I-130 where you have to explain how you met. Tell them about the 2 years on the cruise ship and you'll be fine

I'm curious MF, how you view using the VWP for immigration purposes as a good chance to get accepted for US residency?

As presented by the OP in his posts, it looks to me that he was already married to a US citizen when he entered the US this last time, using his Visa Waiver Privileges (where/when he possibly did not disclose his marital status and was allowed entry at POE)...and now he is announcing his intent to immigrate based upon that marriage. The above scenario as stated smacks of visa fraud....and USCIS will definitely want an explanation. Not sure that 2 years in the same room on a cruise ship will do much to alleviate the fact that the OP used VWP privileges to intend to immigrate. The option he should have pursued is going back to his home country and interviewing for a spousal immigrant visa like everyone else. Cruising the seas together is not a reason to not follow visa laws.

-P