Eveliina

USCIS should have adjudicated the petition 15 days after receiving it, if it really was filed with premium processing. Also, your lawyer should have received an email from the service center confirming that the petition was received, and this email should have included your petition receipt number.

I do not think that USCIS will let you premium process the second I-140 if it was based on PERM, as you would be filing without the original 9089.

Most airports do NOT use paper version of the I-94 for WVP travelers anymore. You only get a stamp in your passport.

From the CBP web page (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml#ESTAandtheI94W)

ESTA and the I-94W

Q: If a VWP traveler has received ESTA approval, does he or she also need to fill out an I-94W?

A: The implementation of the ESTA program allows DHS to eliminate the requirement that VWP travelers complete an I-94W prior to being admitted to the United States. CBP has transitioned to paperless processing for VWP travelers arriving by air or sea who have obtained an ESTA authorization. Most travelers entering the United States under the Visa Waiver Program who have an approved ESTA will no longer need to fill out the I-94W form, nor will a green I-94W departure card be placed in their passport. The I-94W form will still be required at the land border.

Hi,

I am assuming she has C1/D visa for working on onboard, that's what most of the crew members have.

With that visa she CANNOT adjust status in USA, so that is not an option for you.

http://travel.state.gov/visa/temp/types/types_5005.html

Also with K-1 you cannot marry in St Thomas and continue working onboard since she does in fact leave USA once the ship hits international waters and clears with the first foreign port. The ship still needs to pass the customs crew manifest inspection even if you would not personally have to go to present your passport.

I worked on cruise ships also when I got married to my USC husband, we did the CR-1 just because it was cheaper and fit our schedule better. I would recommend the same for you, you can get married in St Thomas and mail in the papers as soon as you get your marriage certificate out.

Also on a side note, getting the 10 days vacation in USA is entirely in the hands of the immigration officer when she signs off. I never got more than 24 hours to get my butt to the airport and out of USA no matter how much I smiled to the immigration officers. Especially in the port of Miami they are tough!

Will the crew office schedule her a later flight out of USA?

Hi!

This is not really a visa related problem since I already got my green card, but I thought I'd post this question here since google has not been my friend with this problem...

I am trying to figure out how to prove that I am unemployed. I have an insurance policy in Finland, which I am currently loosing money on due to the admin costs and bad investments made by the insurance company, so I was looking to cash that out. However to do that they want me to show that I am unemployed.

In Finland I could easily ask the department of labor to give me certificate for this, but how would I do it here (in Florida). I am not entitled to unemployment benefits, and I do not need those, so I can't get any certificate that way. The only thing I could think of would be to order tax transcripts for 2011 once we have filed for taxes, but even that won't show that I am unemployed at the moment...

Any ideas?

He would need to talk to the somebody at the ships crew office and ask if this is possible.

Some cruise lines help people sign off for vac in USA with a valid B1/B2, but most have very strict policies even against this. In theory I think he could stay in USA for 29 days but he will need some major help in convincing the immigration officer at the sign off check to stamp him more time on I-94 than the usual 1-2 days (depending on the flight departure).

Have you thought of visiting him on the ship? Depending on his rank and cruise line policy he might be eligible for family rates at the end of his contract. Just remember if you do go see him there to make sure he lists you as family so you will be able to see each other more freely.

Hi!

Most airports in US do NOT use the I-94 form for VWP visitors anymore. You fill out the ESTA before you fly and everything is done electronically nowadays.

You can of course try calling the POE (airport) where you landed, but I am pretty sure you are all ok, as long as you got the stamp in your passport.

The form you got was most likely the customs form, that everyone still has to fill in.

They stopped using the I-94s for VWP entries maybe less than a year ago (if I remember correctly) and I flew in a couple of times after that to US on VWP. All I got was a stamp in the passport and I was good to go.

Now if you want to submit the K-1 application while you are in USA... we just checked the box for me being in USA when filing, left the I-94 part empty (or n/a) and attached a statement that I entered on VWP and was leaving in couple of weeks so they would not get confused with me trying to adjust status while in USA.

Hope this helps!

Hi!

I am not Canadian but from Finland but I thought I'll answer anyways since I have had C1/D visa.

We started the process for my CR-1 visa in December 2010. After that I entered USA several times with my C1/D visa to work on ships and had no problems.

I left the ships in April 2011 just before we got our NOA2, because my contract was up and I had to go home to collect all my papers and do my interview. So I don't know if things would have been harder after the papers hit NVC but during USCIS stage nobody at the customs was interested in our pending CR-1.

I also entered USA once with VWP for vac (8 weeks) and was not even asked for a return ticket though I told them straight up that I am going to see my hubby. But I guess I just had a really nice officer that time, since people's experiences on this seem to vary.

Hope this helps!

-Eveliina

Hi!

we did the same thing, married in Vegas on Saturday. The earliest the minister can file the marriage docs is on Monday, since the Recorder's office is open Mon-Fri only. Our marriage was recorded on Monday, I was able to order the certificate online on Tuesday, and it took about a week to get it in mail.

Hope this helps and hope you have a beautiful wedding!

-Eveliina

Hi,

How easy it is to get a C1/D visa depends greatly on which embassy you are applying it from.

My interview was pretty simple and fast. I was asked how I got the job and how long my contract will be. Also I was asked to explain what my position/duties onboard will be. If I remember correctly they also asked about my previous visits to US (I had been there a few times on VWP). The only document I provided besides my passport was the employment letter from the cruise line. However this was in Finland, which is a low fraud country.

It is harder to get C1/D from some embassies. I have some friends onboard who have had to apply several times before getting the visa, although they had all the required documents in the first place. Be sure to check the list of required (and recommended) documents from your embassy's web page. Which country are you from?

Good luck for your interview :-)

Hi,

I would not be too too worried about this.

I flew to USA early July, did not fill in the green form anymore. My passport got stamped with a date when I need to be out of USA.

I left USA early September.

Came back again two weeks ago, and everything was ok. My earlier departure was in their system.

Also it is/was a standard procedure for the airline personnel to collect the I94 when you leave USA. I have gone through this many many times and never had problems. I have never gone through a passport control when leaving, so I have zero amount of 'exit-stamps' in my passport. Keeping the boarding pass is of course always a good idea, just in case, but at least so far my departure from USA has always been recorded accurately.

Hope this helps! :-)

-Eveliina

Hello all!

I would need some advice on using C1/D1 visa while CR-1 is being processed.

My future husband (US citizen) and I are planning to get married in September and we would apply for CR-1 right after that. However I currently hold a C1/D1 visa for my job, I am going in and out of US several times a month.

Now we were wondering if I will run into problems at the POE if they see I am trying to get into country while having CR-1 application in.

Our original plan was for me to work until we get NOA2 and then I would go home to wait for the final approval.

Has anyone got any experience about this? My embassy wasn't very helpful...

I do need my salary but above all I want to do this by the book.

And thank you all for this wonderful web page, this has been a huge help in trying to understand the complicated world of US immigration ;-)

BR, Eveliina