davidvs

23 minutes ago, JeanneAdil said:

TRAVELING TO THE US is the phrase here that is needed as u need B1/B2 to get off the vessel 

but those ships leaving the US need D visa

as u state above

 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. 

Coming to US on B visa to board and work would be commercial vessels not licensed in the US like the Norwegian cruise ships which a crewmember would be working not under US visa but the country of the vessel license 

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  )

1 hour ago, Boiler said:

Inability to learn the language not speak the language.

Excellent point. Phrasing an argument in the precise way is very important when completing a waiver app.

1 hour ago, Pete555 said:

Is the inabilty to speak the foreign language a significant argument? That's the case with me in Korea, where my wife and I live while we are preparing an I-601 waiver package. I have some other, smaller arguments but the main one is that I do not speak any Korean and it is very difficult to live in Korea instead of the US. Does a waiver based on that have a realistic chance of being approved?

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.

1 hour ago, Pete555 said:

Is the inabilty to speak the foreign language a significant argument? That's the case with me in Korea, where my wife and I live while we are preparing an I-601 waiver package. I have some other, smaller arguments but the main one is that I do not speak any Korean and it is very difficult to live in Korea instead of the US. Does a waiver based on that have a realistic chance of being approved?

Feel free to contact me if you need some help with anything. Good luck in your journey.

2 hours ago, mytruelove18 said:

Exactelly, how she hot a visa with criminal history? Somthing doesnt sound right here.

Us consulate wont issued a visa to people with criminal charges pending.

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.

58 minutes ago, Rocio0010 said:

PS: The CPAP machine does not wake me up. What wakes me up is the windy sound it makes every time he wakes up to go to the bathroom. No thank you.

 

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. 

Does she want to stay with the guy? She can file for divorce, no need to wait around for him to do it.

1 hour ago, CBKB said:

@milimelo oh wow, thank you for letting me know that. I had assumed all along that we'd need to get some sort of US criminal history (meaning lack of criminal history!) since she lived there for nearly 20 years. One less hassle!

The government already knows more about her time in the US than she does 🤪

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. 

11 hours ago, Yknn said:

I have mentioned CR-1 with her the other day, but she was told by somebody that we have to be married for 2 years to be eligible, thus that was the other reason we stayed with K1 as well.

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.

It would probably be useful to explain what made you ineligible.

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.

4 hours ago, fellaamazing said:

When they say your medical will remain valid, that means it should remain valid and not cost full to do it all over again! The expense is not at all about immigration. It is doctor's private practice expense.

A fair price is what the market will bear. As you said, it is the doctor's private practice. 

14 hours ago, SalishSea said:

That makes no sense.   The U.S. government does not control who comes into Germany.   The DCF would be for the Indonesian wife to get an immigrant visa for the U.S.

Agreed. 

45 minutes ago, SalishSea said:

I-130 is for immigration to the U.S.  

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.

43 minutes ago, nilof53940 said:

 

 

Here's a quote from their embassy's website: https://pl.usembassy.gov/visas/police-certificates/

Fiance visa applicants, in addition to supplying a police certificate from the present place of residence, must also present police certificates from any place or places of residence for 6 months or more since attaining the age of 16.

 

It seems you have answered your own question.

21 minutes ago, megaladon said:

Yes, my questions as it pertains to the I-130 only. I just need to pass that to get her to me. Then I already have a bank account where I can set her up as a joint tenant, and she will be cohabitating with me on the lease we already have with her name on it.

 

But for the I-130 all I have is the marriage certificate and 1 notarized affidavit.

This is to get her into Germany, correct?

I simply meant that you fill out the form as accurately and thoroughly as possible. I didn't say you upload anything.  I should have been more clear. My apologies. 

17 hours ago, yuruioh said:

So am I hearing that approval for a tourist visa is kinda just a game of luck?

No, that is a completely inaccurate statement. 

 

Boiler just said you wouldn't need any documentation so i don't know what info to take honestly.

No, not what was said.

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.

56 minutes ago, Boiler said:

I have yet to come across anywhere requiring proof of legal status.

 

I am intrigued about all the paperwork involved in getting married as I have not come across that either.

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. 

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. 

Marry asap and file for CR1/IR1 not K1.

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.