Jump to content

davidvs

Members
  • Posts

    261
  • Joined

  • Last visited

Profile Information

  • State
    New York

Immigration Info

  • Immigration Status
    IR-1/CR-1 Visa
  • Place benefits filed at
    Chicago Lockbox
  • Country
    Thailand

Immigration Timeline & Photos

davidvs's Achievements

Recent Profile Visitors

2,615 profile views
  1. No, the key phrase is the defined difference between a private "recreational" yacht and a commercial yacht. Recreational yachts cannot be chartered in US waters with B1 crew aboard. See link to the Foreign Affairs Manual. 9 FAM 402.2-5(C)(5) (U) Yacht Crewmen (CT:VISA-1730; 03-10-2023) (U) Yacht crew who will provide services on board a recreational vessel who are able to establish that they have a residence abroad which they do not intend to abandon, regardless of the nationality of the yacht, are classifiable B-1. You should be aware that privately owned yachts may be chartered while abroad but used for personal use while in U.S. territorial waters. Websites related to the charter business may not reflect this. See 9 FAM 402.8-3(A)(1). https://fam.state.gov/fam/09fam/09fam040202.html There is a clear definition between Bill Gate's yacht and a NCL ship (my wife worked for NCL by the way )
  2. OP is correct. Yacht crew are treated differently than commercial crew. If the ship they are working on is not a US flagged vessel, and not considered a commercial ship, B-1 is the correct visa. f. (U) Yacht Crewmembers May be Classifiable as B-1 or D Crewmember: (1) (U) In General: Yacht crewmembers may provide services on board a recreational or commercial yacht. Yacht crewmembers who will provide services on board a recreational vessel traveling to the United States are classifiable B-1. Those who will provide services on board a commercial vessel and who meet the requirements under INA 101(a)(15)(D)(i) above are classifiable D. (a) (U) A recreational vessel is primarily used for pleasure by the owner or a guest of the owner. Some private yacht owners maintain crews year-round even if the owners and/or the owner’s guests only use the yacht for periods of the year. (b) (U) A commercial vessel is primarily used for commercial purposes, such as for transporting passengers or cargo for payment or other consideration. https://fam.state.gov/fam/09FAM/09FAM040208.html#:~:text=Yacht crewmembers who will provide,i) above are classifiable D.
  3. Excellent point. Phrasing an argument in the precise way is very important when completing a waiver app.
  4. Yes, inability to speak the language should be a strong argument when combined with other evidence. The fact that you ARE living there currently does take away from the argument though. I assume you are not able to work locally due to the language barrier. This would aide in proving extreme hardship to financially support the family. In my case, local professional certifications/standards (accounting and finance) as well as language barrier would prevent me from working in Thailand, and time difference would prevent me from being able to work remotely for an American company. When you are putting together your arguments try to follow the logical steps in building a case for extreme hardship. Although the vast majority of waivers (assuming yours is for previous overstay) are approved if they are well thought out and well written, I do not think a 601/601a should be done DIY. Feel free to contact me if you need some help with anything. Good luck in your journey.
  5. If she left(fled) her home country after committing the crime(s) but before investigation started/charges brought, there would be no record of the crime and she would be able to get the visa.
  6. If I wake up in the middle of the night I have to burry my mask under my pillow and blankets so my wife won't wake up, lol. OP, your situation sounds very reasonable and explainable in the very remote chance you get a visit. Many people have "alternative" sleeping arrangements for a variety of reasons. I ended up sleeping in our son's room for over 2 years because Mommy had him next to her in bed since he was born.
  7. Does she want to stay with the guy? She can file for divorce, no need to wait around for him to do it.
  8. The government already knows more about her time in the US than she does 🤪
  9. Do the longer layover to be safe. Many Airports have airside mini hotels you can book for a few hours to take a nap/shower/watch tv/eat in peace. I always do that when flying international so you are nice and refreshed for the second flight.
  10. Since you are so adamant about not having to deal with Mexican authorities, I would suggest finding a vacation destination that is more welcoming.
  11. I think the person she talked to is confusing the situation... You can apply for her spousal visa as soon as you are married. When she gets her visa; -if she enters into the US before your 2 year anniversary she will receive a conditional green card which is good for 2 years and you will need to go through the removal of conditions process at that time to get her 10 year green card. -if she enters the US after your 2 year anniversary, she will get a 10 year green card immediately and would not need to go through removal of conditions.
  12. It would probably be useful to explain what made you ineligible.
  13. Should not be a problem. My wife's paperwork all had her province as her place of birth rather than her village and there was zero issues. I would expect the same for Vietnam.
  14. A fair price is what the market will bear. As you said, it is the doctor's private practice.
×
×
  • Create New...