Very Original Situation (Please Help!)

[La Souris 19]

I may not have been to Nassau, but I have been to Bermuda, and also I have friends who know the system pretty well.

The Bahamas counts as part of the “contiguous territory and islands” for US visa waiver purposes and time spent in The Bahamas counts towards the 90 day maximum permitted stay in the US under this waiver.

If you have ever filled in an I94, I am sure you would be aware that you have to fill in all of your lovely travel details, with flight numbers and port of departure and arrival.

you are wrong. Bahamas doesn't count as part of the “contiguous territory and islands” anymore for the reason i've already explained. you can travel from Nassau to Cuba or the UK. Understand???? that means they have to take your i-94 slip. What you say was right 3 years ago, until Nassau airport opened to new international destinations.

Maybe you were able to renew your VWP under another disposition, but the Bahamas are still "adjacent islands"

§ Sec. 286.1 Definitions.

The following definitions apply to the following terms in this part:

(a) The term "adjacent islands" means Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

see 286.1 in Title 8, Code of Federal Regulations (dated April 2009)

Hope you'll find a legal solution.

[skidoo 0]

I am afraid you are incorrect.

http://www.fco.gov.uk/en/travelling-and-li...tryRequirements

You still never mentioned where your taxes go to either.

this article has obviously only been updated about the swine flu. what they state in there is an old article taken from the old specs of USCIS's website. It is NOT current. If you don't believe me, go on forums related to travel to the bahamas. Or simply call any airline going to Nassau, like Bahamasair or JetBlue. When I left in February (and the 3 times prior that), they always have taken my i-94 slip. now can we move on?

Since you're so interested I pay my taxes in France since my freelance business is registered in Paris and I'm a french citizen. I have no revenue in the US, and frankly am not seeking any given the terrible exchange rate USD/EUR.

In other words, all I do now is spend my money earned abroad in the US. PRetty much like a tourist. Same applies to my mother as her pension is paid by french govt. Our money goes to french bank accounts and I process bank wires on a monthly basis towards my account at bofa.

[SirJon 0]

I am afraid you are incorrect.

http://www.fco.gov.uk/en/travelling-and-li...tryRequirements

You still never mentioned where your taxes go to either.

this article has obviously only been updated about the swine flu. what they state in there is an old article taken from the old specs of USCIS's website. It is NOT current. If you don't believe me, go on forums related to travel to the bahamas. Or simply call any airline going to Nassau, like Bahamasair or JetBlue. When I left in February (and the 3 times prior that), they always have taken my i-94 slip. now can we move on?

Since you're so interested I pay my taxes in France since my freelance business is registered in Paris and I'm a french citizen. I have no revenue in the US, and frankly am not seeking any given the terrible exchange rate USD/EUR.

In other words, all I do now is spend my money earned abroad in the US. PRetty much like a tourist. Same applies to my mother as her pension is paid by french govt. Our money goes to french bank accounts and I process bank wires on a monthly basis towards my account at bofa.

I am sorry, but you are just making this up in my opinion. The British Foreign Office do keep up to date with the latest things happening in the world. The law has not changed. Not even because of swine flu. The law is that visits to the Bahamas count in the VWP 90 day total. They would pull you as soon as they look at your I-94W and your passport. There is no getting away from this.

If this story were genuine, and it was my mother, I would be down to my embassy like a shot to get advice.

[skidoo 0]

I may not have been to Nassau, but I have been to Bermuda, and also I have friends who know the system pretty well.

The Bahamas counts as part of the “contiguous territory and islands” for US visa waiver purposes and time spent in The Bahamas counts towards the 90 day maximum permitted stay in the US under this waiver.

If you have ever filled in an I94, I am sure you would be aware that you have to fill in all of your lovely travel details, with flight numbers and port of departure and arrival.

you are wrong. Bahamas doesn't count as part of the “contiguous territory and islands” anymore for the reason i've already explained. you can travel from Nassau to Cuba or the UK. Understand???? that means they have to take your i-94 slip. What you say was right 3 years ago, until Nassau airport opened to new international destinations.

Maybe you were able to renew your VWP under another disposition, but the Bahamas are still "adjacent islands"

§ Sec. 286.1 Definitions.

The following definitions apply to the following terms in this part:

(a) The term "adjacent islands" means Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

see 286.1 in Title 8, Code of Federal Regulations (dated April 2009)

Hope you'll find a legal solution.

you too are wrong. this is the theory and i too have read these articles in the past. they may still be 'in the books', but in the field, i confirm that's not true. i've traveled with 4 different companies to nassau (AA, JetBlue, SpirtiAir and BahamasAir) and all 4 has taken my i-94 slip upon departure from both miami or fort lauderdale airport. and fact is it's common knowledge here that many tourists visiting miami (or people in my situation for that matter) go to nassau precisely to 'reset' their VWP. many do the same. i don't know if it's due to the fact that there is now flights to Cuba from Nassau, but what i'm saying is simply the truth!!!

call that 'permisivity' if you want but it's the damn truth. and any US immigration agent would tell you so in Nassau airport. I actually had this very discussion with officers when they held me for 'abusing' the system. My error was indeed to abuse the system and do it 4 times in a row, which allowed me to stay a year in Miami (4 times 90 days) after my E-1 expired in february 2008. I had no other choice given the situation with my mother, and traveling to Nassau was quick (25 minutes flights) and cheap (about 130 dollars R/T). And it was all legal, so why not do it?

my lesson though is that it's not a prerogative to be granted a VWP and always at the immigration officers' sole discretion to grant

you a VWP. In Nassau they always do it, until they notice you did it too much times in a row (which was my case, because I can't leave my mom alone for weeks or months alone with a caregiver in Miami while I would be for example in Paris waiting a couple of months and come back to the US, nor could I even afford to pay 2 caregivers 24/7 for her while I'm away).

again the "contiguous territory" thing is not fully enforced. For example, when you live to Guadeloupe or Martinique, this is France. As a french citizen, i can go to Martinique and stay there as long as I want. I can live there for a year or more if i want to. now imagine the scenario where i travel from paris to miami as a tourist under VWP, visit orlando and all, then decide have a job opportunity in Martinique I sport on the internet, get an interview there and decide to stay. technically, if i follow your rule, i would be overstaying in the US, right? as you can understand, this is ridiculous. same would apply to saint martin or saint barthelemy. OR even french polynesia when leaving from Hawaii.

with the VWP "contiguous territory" article, there's theory, and then what really happens once you're at the airport.

[skidoo 0]

I am afraid you are incorrect.

http://www.fco.gov.uk/en/travelling-and-li...tryRequirements

You still never mentioned where your taxes go to either.

this article has obviously only been updated about the swine flu. what they state in there is an old article taken from the old specs of USCIS's website. It is NOT current. If you don't believe me, go on forums related to travel to the bahamas. Or simply call any airline going to Nassau, like Bahamasair or JetBlue. When I left in February (and the 3 times prior that), they always have taken my i-94 slip. now can we move on?

Since you're so interested I pay my taxes in France since my freelance business is registered in Paris and I'm a french citizen. I have no revenue in the US, and frankly am not seeking any given the terrible exchange rate USD/EUR.

In other words, all I do now is spend my money earned abroad in the US. PRetty much like a tourist. Same applies to my mother as her pension is paid by french govt. Our money goes to french bank accounts and I process bank wires on a monthly basis towards my account at bofa.

I am sorry, but you are just making this up in my opinion. The British Foreign Office do keep up to date with the latest things happening in the world. The law has not changed. Not even because of swine flu. The law is that visits to the Bahamas count in the VWP 90 day total. They would pull you as soon as they look at your I-94W and your passport. There is no getting away from this.

If this story were genuine, and it was my mother, I would be down to my embassy like a shot to get advice.

you are one paranoid and stubborn english man "sir". i pity the USC who's marrying you, it must be tough living with you. if only USCIS could screen people like you, the US would be better off. thanks again for your non-sense and non-contributions. i truly don't understand what would be my interest of 'making this up' as it is a non-relevant part of my post and doesn't really explain my current situation as I'm right now under a B-1 visa anyway.

PS: learn english, it's "If this story WAS genuine".

[La Souris 19]

I wrote: Maybe you were able to renew your VWP under another disposition, but the Bahamas are still "adjacent islands"

You did it, so obviously they didn't stop you at the POE... however, it's not because you got in that the definition changes... Again, I hope you'll find a valid solution.

[SirJon 0]

you are one paranoid and stubborn english man "sir". i pity the USC who's marrying you, it must be tough living with you. if only USCIS could screen people like you, the US would be better off. thanks again for your non-sense and non-contributions. i truly don't understand what would be my interest of 'making this up' as it is a non-relevant part of my post and doesn't really explain my current situation as I'm right now under a B-1 visa anyway.

PS: learn english, it's "If this story WAS genuine".

I am sure the USCIS would love someone like me. I would love to keep the riff raff out. If your story were true, ( I am English, my language is English. I am aware of how to use my mother tongue), then I am sure it would be confiscated cigars all round for keeping out someone who is living in the US tax free, and abusing a system that is there for legitimate travellers.

I wouldn't pity the USC to whom I am bethrothed. Pity me. I am marrying a Republican.

There are plenty of people who turn up with so called legitimate tales. It's called attention seeking.

So Monsieur, you lied on your B-1 application?

Please Note: When applying for entry into the United States as a voluntary worker with a visa or under the VWP, you should furnish a letter from your U.S. sponsor which contains the following information:

Your name and date and place of birth;

Your foreign permanent residence address;

The name and address of initial destination in the U.S.; and

The anticipated duration of your assignment.

[skidoo 0]

I wrote: Maybe you were able to renew your VWP under another disposition, but the Bahamas are still "adjacent islands"

You did it, so obviously they didn't stop you at the POE... however, it's not because you got in that the definition changes... Again, I hope you'll find a valid solution.

again, the 'definition' changed when Nassau airport opened to other international destinations besides USA. Imagine a second you travel to Nassau and are still holding your VWP's i-94 slip, for the sake of what you're saying. Now you decide to stay in Nassau for a week, but instead of leaving back to USA, you go to Cuba from Nassau for 6 months or whatever. Or decide to leave to London directly from Nassau (yes that's possible!!!) and not come back to USA. Technically, you are still holding your i-94 slip and according to USCIS you are still in the US because you didn't give your i-94 departure slip upon leaving the US. Then, the next time you want to go to USA, they will tell you you have overstay. You understand the absurdity of all this now?

this is why they decided to systematically take your i-94 departure slip, regardless of whether you have a R/T flight to nassau or not. Precisely because you may change your plans once in Nassau. 3 years ago that was not possible because there was no international flight leaving nassau but to the USA, hence you HAD to go back to USA to leave to any other international destination or go back to your own country.

I hope this clarifies once and for all this off-topic subject.

[La Souris 19]

I wrote: Maybe you were able to renew your VWP under another disposition, but the Bahamas are still "adjacent islands"

You did it, so obviously they didn't stop you at the POE... however, it's not because you got in that the definition changes... Again, I hope you'll find a valid solution.

again, the 'definition' changed when Nassau airport opened to other international destinations besides USA. Imagine a second you travel to Nassau and are still holding your VWP's i-94 slip, for the sake of what you're saying. Now you decide to stay in Nassau for a week, but instead of leaving back to USA, you go to Cuba from Nassau for 6 months or whatever. Or decide to leave to London directly from Nassau (yes that's possible!!!) and not come back to USA. Technically, you are still holding your i-94 slip and according to USCIS you are still in the US because you didn't give your i-94 departure slip upon leaving the US. Then, the next time you want to go to USA, they will tell you you have overstay. You understand the absurdity of all this now?

this is why they decided to systematically take your i-94 departure slip, regardless of whether you have a R/T flight to nassau or not. Precisely because you may change your plans once in Nassau. 3 years ago that was not possible because there was no international flight leaving nassau but to the USA, hence you HAD to go back to USA to leave to any other international destination or go back to your own country.

I hope this clarifies once and for all this off-topic subject.

The document in reference was updated in April 2009. International flights have been flying to many other islands for decades, but, sure, you are right if it fits your plan. Good for you. You hold the truth [i guess I didn't fly from Toronto to Nassau a few times, it was only possible from the USA because motoneige said so]. You think it's off-topic, good! I like your optimism

Good luck.

Edited May 13, 2009 by La Souris

[Labhrais 6]

skidoo, it doesn't seem likely that you will find the answers you seek here. This board deals with family-based immigration; no one here is going to tell you it's OK to engage in visa fraud in that area and it's rather insulting to those of us pursuing legal means to be with our families to see you treat the subject with such a cavalier attitude.

The rest of it is rather moot; any other immigration route is outside the scope of what this board is intended to provide assistance for.

Probably you should seek advice on another site, or retain an attorney. There is nothing further here for you.

[skidoo 0]

I am sure the USCIS would love someone like me. I would love to keep the riff raff out. If your story were true, ( I am English, my language is English. I am aware of how to use my mother tongue), then I am sure it would be confiscated cigars all round for keeping out someone who is living in the US tax free, and abusing a system that is there for legitimate travellers.

I wouldn't pity the USC to whom I am bethrothed. Pity me. I am marrying a Republican.

There are plenty of people who turn up with so called legitimate tales. It's called attention seeking.

So Monsieur, you lied on your B-1 application?

Please Note: When applying for entry into the United States as a voluntary worker with a visa or under the VWP, you should furnish a letter from your U.S. sponsor which contains the following information:

Your name and date and place of birth;

Your foreign permanent residence address;

The name and address of initial destination in the U.S.; and

The anticipated duration of your assignment.

i don't even know where to start as you're actually ending up being close to pathetic at this point. don't you have better things to do?

1) There are tax agreements between France and the US, and you can't pay taxes twice on your revenues. therefore i'm not living in the US "Tax free". And I pay US sales taxes like everyone else here.

2) I still own an appartment in Paris (that I rent to my young cousin) and which is also my tax domiciliation. I don't recall being asked for my address abroad when applying for my B-1 visa while in Nassau, but if this was a field to fill in the application form, then I certainly provided them with my address in Paris. Call it a lie if you want, that's not what I think. A "permanent residence" in France is the location where your tax forms are mailed to. But I know where this is going and you're gonna tell me that a permanent residence is technically where you do live 181 days a year. Except that no one can verify where you actually spend your time. Except maybe in the world you want to see your children grow. If your wife is a republican, you shouldn't be pitied, you're actually a perfect match. and let me guess, you're wearing a skinhead too? i'm sure our president would appreciate your racist analogy to riff-raffs. i don't know in UK, but in US a riff-raffs are dominican-decent immigrants.

why don't you directly seek an internship at the Mexico/Texas border control unit instead of poluting my post? i'm sure it'd suit you perfectly.

Edited May 13, 2009 by skidoo

[skidoo 0]

I wrote: Maybe you were able to renew your VWP under another disposition, but the Bahamas are still "adjacent islands"

You did it, so obviously they didn't stop you at the POE... however, it's not because you got in that the definition changes... Again, I hope you'll find a valid solution.

again, the 'definition' changed when Nassau airport opened to other international destinations besides USA. Imagine a second you travel to Nassau and are still holding your VWP's i-94 slip, for the sake of what you're saying. Now you decide to stay in Nassau for a week, but instead of leaving back to USA, you go to Cuba from Nassau for 6 months or whatever. Or decide to leave to London directly from Nassau (yes that's possible!!!) and not come back to USA. Technically, you are still holding your i-94 slip and according to USCIS you are still in the US because you didn't give your i-94 departure slip upon leaving the US. Then, the next time you want to go to USA, they will tell you you have overstay. You understand the absurdity of all this now?

this is why they decided to systematically take your i-94 departure slip, regardless of whether you have a R/T flight to nassau or not. Precisely because you may change your plans once in Nassau. 3 years ago that was not possible because there was no international flight leaving nassau but to the USA, hence you HAD to go back to USA to leave to any other international destination or go back to your own country.

I hope this clarifies once and for all this off-topic subject.

The document in reference was updated in April 2009. International flights have been flying to many other islands for decades, but, sure, you are right if it fits your plan. Good for you. You hold the truth [i guess I didn't fly from Toronto to Nassau a few times, it was only possible from the USA because motoneige said so]. You think it's off-topic, good! I like your optimism

Good luck.

how would you know anyway? Canada is not a part of the Visa Waiver Program. thus please don't lecture me. if you don't want to believe me, so be it, go read another thread. one thing is sure, Canada is not on my escape list.

[skidoo 0]

skidoo, it doesn't seem likely that you will find the answers you seek here. This board deals with family-based immigration; no one here is going to tell you it's OK to engage in visa fraud in that area and it's rather insulting to those of us pursuing legal means to be with our families to see you treat the subject with such a cavalier attitude.

The rest of it is rather moot; any other immigration route is outside the scope of what this board is intended to provide assistance for.

Probably you should seek advice on another site, or retain an attorney. There is nothing further here for you.

i have to disagree. this board is titled: "Adjustment of Status from Work, Student, & Tourist Visas". What I'm seeking at this point is an AOS for my B-1 visa or an exceptional authorization of stay for what they call "humanitarian" reason (my sick mother unable to leave the country). i wanted to share my story and eventually get advices with people who may have experienced the same situation of being somehow stuck in US for medical reason. I wonder what happens to them and eventually to their close family members should the sick person have become totally physically and mentally dependant.

[La Souris 19]

How would I know? Oh true, you can only know something if you experience it personally.

Nevermind.

You don't have to convince me of anything, you'll only have to convince the agents dealing with your file. Again, I wish you the best luck. I guess there's a way for tourists who fall sick to have a caregiver, but, on this, I have no knowledge. I would call a lawyer, or the French Consulate/Embassy - maybe the Union française too.

[rmncm 0]

Lets all be adults here please.

Skidoo, I am thinking there are other options for you based on your mothers sickness. They might not be perm solution but they might get you by for the last few years your mother has to live. I am sure the US goverment is well aware of your mothers overstay. I am sure there are some humanitarian reasons they would let you stay till her end, your her primary care giver, I know they dont want to foot the bill on 24/7 care, who knows by that time maybe you would meet a woman and fall in love and then stay legit. You should consult either the french embassy or a attny. The US goverment is not a total heartless monster. Good luck.