Beneficiary visiting the US during the process?

[Robor007 0]

Another thread about the petitioner visiting the beneficiary during the process caused me to ask myself a question. What about the opposite in our case? As some of you may know, my fiancee works in the cruise industry and we are planning a K-1 or K-3 visa petition soon. She is planning to continue working on the ship during the process then return to the Philippines for the interview.

Right now when the ship is in port the crew is allowed to get off the ship for a specified time. Usually they can exit after the passengers and return ~30 minutes before departure. It is likely (but not a given) that her next contract would put her in US ports. Once we start the K-visa process would she still be allowed the regular 'shore leave' she currently gets during time off in US ports?

Edited August 30, 2006 by Robor007

[YuAndDan 153]

Usualy dosnt happen unless they can show a strong tie to their home country.

Is less a problem when US has a looser policy with the country, like Canada.

Go visit them, unfortunatly it is a 1 way street.

[Robor007 0]

Usualy dosnt happen unless they can show a strong tie to their home country.

Is less a problem when US has a looser policy with the country, like Canada.

Go visit them, unfortunatly it is a 1 way street.

Oh, it's not to visit me - it is for her job. I live in Florida and my fiancee is currently on a Canada/Alaska cruise contract so she couldn't visit me if she wanted to. Right now she's in US ports 3 of the 7 cruise days and is permitted to go into port if she desires (I think they give her an I-95?). My question is, will they still allow her to go into port for shore leave? It would suck if they confine her to the ship because of the petition - talk about going stir crazy!

Also, I will be seeing her off at the airport after her contract ends this October then visiting her in the Philippines this coming November.

[^snow^^ 0]

I visited my fiance with no problems during my K-1 visa process. I guess it will be the same with her if she can show that she won't be overstaying in US (if required).

If she's worried, she can get a letter from her employee (indicating that she's still working for them and have no reason to overstay) or a lease or property ownership of some sort?

Good luck!

[William33 110]

Robor,

I don't see a problem. Your fiance works for a cruise line and routinely has a port call in the US.

Meanwhile, you two will be filing a K-1 or K-3 petition. She has a documented history of port calls for her job.

Why would immigration have an issue with that?

Edited August 30, 2006 by William33

[Robor007 0]

I don't think there would be a problem but there's a lot about US immigration that I don't know and a lot I know that doesn't make sense to me. In this case I just want to be sure so if it would be an issue I could tell her in advance. Maybe she could request a contract without US ports. I wouldn't like it because it would mean we wouldn't be able to use our cell-to-cell to communicate while she's in the US port. That would mean long distance charges out the ying-yang! At the same time I wouldn't want her to get her next contract with US ports and be stuck on the ship during them during the process.

She does have an excellent work history too. She's been working in the industry for 7 years with ports in the US included and no overstays or even requests to stay longer. I would think the immigration agents would view that in a very positive light. And she will have to return to the Philippines after her contract ends (the cruise company provides the flight home). She will have to return there for the interview and medical exam as well so she's got 2 more reasons to return to the Philippines.

Thanks for the replies!

[kitkat1 5]

Robor, it's hard not to overthink this process and try to plan for every single potential issue - your questions are smart and show that you are trying to prepare. But in this case, as William said, your fiance works for a cruise line and routinely has a port call in the US. There is no reason why this would be affected by your I-129F petition. Try not to worry!

[kariandmax 0]

I worked on cruise ships for 5 years and met my husband the USC while onboard. Although, I personally did not go through the K1 until after I finished working with the company, I did work with many couples who were going through the process and had no problems at all. There was one couple who did the K3 and 2 that went through the K1...no issues with getting off in port at all...in fact, when they went through Immigration onboard to get their initial I-95, it's not even mentioned.

Hope this helps a little bit!

[meauxna 15]

Rob, I suspect that it is a non-issue because the C/D visas that cruise workers hold is a class specifically prohibited from Adjusting Status, even through marriage to a USC. Perhaps Christina will see your thread and add her thoughts; she was a crew member who eventually made it 'in'.

Usualy dosnt happen unless they can show a strong tie to their home country.

Is less a problem when US has a looser policy with the country, like Canada.

Go visit them, unfortunatly it is a 1 way street.

I think you missed most of Rob's point; his fiance comes to the US on another type of visa, not a visitor class visa.