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Everything posted by davidvs
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Ms
davidvs replied to Christelle830's topic in Waivers (I-601 and I-212) and Administrative Processes (221g)
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 ) -
Ms
davidvs replied to Christelle830's topic in Waivers (I-601 and I-212) and Administrative Processes (221g)
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. -
601A Evidence Question
davidvs replied to davidvs's topic in Waivers (I-601 and I-212) and Administrative Processes (221g)
Excellent point. Phrasing an argument in the precise way is very important when completing a waiver app. -
601A Evidence Question
davidvs replied to davidvs's topic in Waivers (I-601 and I-212) and Administrative Processes (221g)
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. -
Bed Visiting Separate Bedrooms
davidvs replied to Lukie's topic in Removing Conditions on Residency General Discussion
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. -
H-1B vs. DCF w/citizen spouse
davidvs replied to CBKB's topic in Direct Consular Filing (DCF) General Discussion
The government already knows more about her time in the US than she does 🤪 -
Dulles International Airport (IAD)
davidvs replied to Gary Rich's topic in Working & Traveling During US Immigration
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. -
Since you are so adamant about not having to deal with Mexican authorities, I would suggest finding a vacation destination that is more welcoming.
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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.
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It would probably be useful to explain what made you ineligible.
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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.
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affidavites of personal relationship
davidvs replied to megaladon's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Agreed. -
affidavites of personal relationship
davidvs replied to megaladon's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, but their post history indicates they are military deployed in Germany and want to do DCF to have their spouse (Indonesian) join them in Germany. -
Embassy not answering my question
davidvs replied to nilof53940's topic in K-1 Fiance(e) Visa Process & Procedures
It seems you have answered your own question. -
affidavites of personal relationship
davidvs replied to megaladon's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is to get her into Germany, correct? -
As much documentation as possible should be provided when filing the application. Most decisions are already made BEFORE the interview. If a person has sufficient evidence to prove they will not overstay, they stand a shot at getting a visa. If you can't prove it, your not getting it... Think of it as everyone is automatically refused until they can change the CO's mind. Honestly, (in my opinion only), I feel that having a child in the US is a negative more than a plus when it comes to getting a tourist visa approved.
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How To Marry Someone Illegally In USA
davidvs replied to Haltech007's topic in General Immigration-Related Discussion
I know of at least 2 towns in NY where clerks were asking to see visa stamps (this was back in 2017). Whether it was legal or not, I cannot say. -
How To Marry Someone Illegally In USA
davidvs replied to Haltech007's topic in General Immigration-Related Discussion
I see that you are in Florida, and for the sake of this post I will assume your fiend is as well. They should look into what the requirements are for a license in THEIR county. Some jurisdictions may require proof of legal status. If this is the case, they should look for a "blue" county either in their state or another state which is more friendly. -
I know you said that you do not intend to stay in the US with your C1D, and others have reminded you that you are ineligible to adjust status with that visa, but I will reiterate: Please, please, please, do not overstay in the US on your C1D. My wife made this mistake, and it has caused nothing but issues and very long delays for our journey.