K-1 Filing for Cruise ship workers...?

[DrSoszka 0]

Hello,

I have a rather unique situation that I would greatly appreciate some guidance to help me navigate these confusing immigration rules. My fiancee and I work on a cruise ship. I'm American and she is Peruvian. She holds both a B-1 Vistor's Visa and D-1 Crewman's Work Visa. We want to settle down in the U.S. as it offers more opportunities.

Here are my questions:

1. First, as I understand it, she needs to both apply AND remain in her country for the K-1 visa application process. Is this correct? She works on the cruise ships for the moment and doesn't want to lose her livelihood.

2. We would like to get married in one of the U.S. ports that we visit - Galveston, TX or Key West, FL, but we are not sure if it would be allowed or more importantly, if it would screw up the immigration process. What would be the ramifications if we were to get married in one of these U.S. ports?

3. Is this something, I should discuss with an immigration lawyer? If so, does anyone have recommendations?

Finally, if I have posted in the wrong forum, please let me know.

Thank you,

Shawn

[rsn 135]

Hello,

I have a rather unique situation that I would greatly appreciate some guidance to help me navigate these confusing immigration rules. My fiancee and I work on a cruise ship. I'm American and she is Peruvian. She holds both a B-1 Vistor's Visa and D-1 Crewman's Work Visa. We want to settle down in the U.S. as it offers more opportunities.

Here are my questions:

1. First, as I understand it, she needs to both apply AND remain in her country for the K-1 visa application process. Is this correct? She works on the cruise ships for the moment and doesn't want to lose her livelihood.

2. We would like to get married in one of the U.S. ports that we visit - Galveston, TX or Key West, FL, but we are not sure if it would be allowed or more importantly, if it would screw up the immigration process. What would be the ramifications if we were to get married in one of these U.S. ports?

3. Is this something, I should discuss with an immigration lawyer? If so, does anyone have recommendations?

Finally, if I have posted in the wrong forum, please let me know.

Thank you,

Shawn

You might want to elicit the advise of member Christeen who filed for a CR-1 while in a similar situation.

[payxibka 10,045]

Hello,

I have a rather unique situation that I would greatly appreciate some guidance to help me navigate these confusing immigration rules. My fiancee and I work on a cruise ship. I'm American and she is Peruvian. She holds both a B-1 Vistor's Visa and D-1 Crewman's Work Visa. We want to settle down in the U.S. as it offers more opportunities.

Here are my questions:

1. First, as I understand it, she needs to both apply AND remain in her country for the K-1 visa application process. Is this correct? She works on the cruise ships for the moment and doesn't want to lose her livelihood.

2. We would like to get married in one of the U.S. ports that we visit - Galveston, TX or Key West, FL, but we are not sure if it would be allowed or more importantly, if it would screw up the immigration process. What would be the ramifications if we were to get married in one of these U.S. ports?

3. Is this something, I should discuss with an immigration lawyer? If so, does anyone have recommendations?

Finally, if I have posted in the wrong forum, please let me know.

Thank you,

Shawn

1) nobody expects someone to give up there livelihood while they are in the visa process. Her perm residence is still in her home country and she can/will interview when the time is scheduled

2) You can get married but you cannot get married BEFORE the visa is issued and she enters on that K-1 visa... Otherwise you will need to pursue a spousal visa

3) attorney assistance is a personal choice...

Edited January 19, 2010 by payxibka

[JimVaPhuong 4,863]

If you plan on marrying in a port city, then it sounds like she plans on keeping her cruise ship job after you're married. In that case, the K1 is probably not the visa you want. The K1 visa will only get her into the country, but it doesn't give her the right to stay in the US. You still have to apply for a green card after marriage. You can also apply for advanced parole, which will allow her to leave the US while the green card application is pending. Either way, you're probably looking at a couple of months minimum before she'll be able to leave the US. If she leaves before getting either the green card or AP then she won't be able to get back into the US.

It might be better if you just go ahead and get married in a port city, like you planned. You don't need any special visa to get married in the US. You only need the K1 if you plan on staying in the US after the marriage and applying for a green card. After you're married, apply for a CR1 visa. She'll have to return to Peru for the interview. Once she gets the visa, she'll get her green card shortly after arriving in the US. This should allow her to get married, get a visa, get a green card, and keep her job.

[pushbrk 12,914]

If you plan on marrying in a port city, then it sounds like she plans on keeping her cruise ship job after you're married. In that case, the K1 is probably not the visa you want. The K1 visa will only get her into the country, but it doesn't give her the right to stay in the US. You still have to apply for a green card after marriage. You can also apply for advanced parole, which will allow her to leave the US while the green card application is pending. Either way, you're probably looking at a couple of months minimum before she'll be able to leave the US. If she leaves before getting either the green card or AP then she won't be able to get back into the US.

It might be better if you just go ahead and get married in a port city, like you planned. You don't need any special visa to get married in the US. You only need the K1 if you plan on staying in the US after the marriage and applying for a green card. After you're married, apply for a CR1 visa. She'll have to return to Peru for the interview. Once she gets the visa, she'll get her green card shortly after arriving in the US. This should allow her to get married, get a visa, get a green card, and keep her job.

I strongly agree. Marraige followed by the CR1 visa is a far better course than the K1 for your situation. See bold above. Marriage followed by the CR1 works better because the foreign spouse remains free to travel. They just use the CR1 for the first entry after issue and can depart later the same day if they wish with full freedom to enter the US again when ready. With the K1, they are land locked in the USA for at least 3 months after entry.

[HeatDeath 430]

As pushbrk said, the CR1 is much better in this situation, because a K-1 locks you into the US for at least several months (until you file AOS and have an AP document in hand). However, and this applies either way, remember that you cannot stay outside the US for more than 6 months as a permanent resident without a reentry permit (that has to be approved BEFORE you leave), and that even if each individual trip out is less than 6 months, stringing multiple long absences together can be construed as abandonment of the permanent resident status. Your plan is to settle down in the US; don't wait too long before you put that plan into action.

[Darnell 8,478]

Hello,

I have a rather unique situation that I would greatly appreciate some guidance to help me navigate these confusing immigration rules. My fiancee and I work on a cruise ship. I'm American and she is Peruvian. She holds both a B-1 Vistor's Visa and D-1 Crewman's Work Visa. We want to settle down in the U.S. as it offers more opportunities.

Here are my questions:

1. First, as I understand it, she needs to both apply AND remain in her country for the K-1 visa application process. Is this correct? She works on the cruise ships for the moment and doesn't want to lose her livelihood. incorrect. She doesn't apply at all. The USC applies.

2. We would like to get married in one of the U.S. ports that we visit - Galveston, TX or Key West, FL, but we are not sure if it would be allowed or more importantly, if it would screw up the immigration process. What would be the ramifications if we were to get married in one of these U.S. ports? the K-1 option would vanish, and instead, the USC would be filing an I-130 petition. I suggest you go that route, instead of the K-1. The painful bit, is her getting into the USA for more than 24 hours. I think she can do it with the B-1 visa. You won't know for certain until she tries it. So - get married in Galveston, then file the I-130 paperwork, then both of you jump back on the ship and continue working, yes?

3. Is this something, I should discuss with an immigration lawyer? If so, does anyone have recommendations?

Finally, if I have posted in the wrong forum, please let me know.

Thank you,

Shawn

You'll need to be certain of yer USA domicile, and USA domicile address, when you file the I-130 petition. If you have no true USA domicile address, for now, then I strongly suggest you GET a USA domicile, and prove up on interview day, at the Embassy in Peru, that you, the USC, has a USA domicile address.

Good Luck !! Post photos in the Gallery when you can !

[pushbrk 12,914]

You'll need to be certain of yer USA domicile, and USA domicile address, when you file the I-130 petition. If you have no true USA domicile address, for now, then I strongly suggest you GET a USA domicile, and prove up on interview day, at the Embassy in Peru, that you, the USC, has a USA domicile address.

Good Luck !! Post photos in the Gallery when you can !

Yes, this is important but can be as simple as using a parent's address. The USC should have a US driver license and bank account as well.

[DrSoszka 0]

Wow, thanks for the responses. My fiancee, Judith and I were debating whether to get married in one of the ports or waiting to visit Oregon. It seems like the port wedding has a lot more advantages from your responses.

We were planning on settling down in Oregon after finishing with our contracts in June 2010. We had thought about having the ships as a backup plan if work was scarce. The CR filing seems to make sense.

Now, since she has the B-1 visa, one of you mentioned that she would need to stay 24 hours in the U.S.? Why would she need to do that?

Also, would she still need to go back home to Peru for the interview? Are those interview dates set in stone, or do they work with you so that you can get the interview date after your work contract is over?

Again, thanks for all the great advice!!!

-Shawn

[payxibka 10,045]

Now, since she has the B-1 visa, one of you mentioned that she would need to stay 24 hours in the U.S.? Why would she need to do that?

don't see it mentioned in that context

Edited January 20, 2010 by payxibka

[pushbrk 12,914]

Also, would she still need to go back home to Peru for the interview? Are those interview dates set in stone, or do they work with you so that you can get the interview date after your work contract is over?

Again, thanks for all the great advice!!!

-Shawn

They may allow you to request a date or date range but will certianly honor a request the interview be after a certain date.

[Darnell 8,478]

Wow, thanks for the responses. My fiancee, Judith and I were debating whether to get married in one of the ports or waiting to visit Oregon. It seems like the port wedding has a lot more advantages from your responses.

We were planning on settling down in Oregon after finishing with our contracts in June 2010. We had thought about having the ships as a backup plan if work was scarce. The CR filing seems to make sense.

Now, since she has the B-1 visa, one of you mentioned that she would need to stay 24 hours in the U.S.? Why would she need to do that?

Also, would she still need to go back home to Peru for the interview? Are those interview dates set in stone, or do they work with you so that you can get the interview date after your work contract is over?

Again, thanks for all the great advice!!!

-Shawn

The D-1 Crewman's Work Visa usually allows a foreigner to hang out in the USA for 24 hours whilst in transit to either another ship, another usa port, or to get on a plane headed out of country. There are exceptions to this, but is rare.

OTOH, She's got a B-1 visa ALSO - which doesn't have the 24 hour requirement. I don't know, in this case, what trumps what.

I suggest you ask the purser about it - onboard the ship - USUALLY the purser handled most of the visa paperwork and work-related documents for the CREW.

Good Luck !

PS - If you need witnesses for the Galveston Wedding, let me know - I'll bring a Krewe in with video cameras.

[DrSoszka 0]

We've decided to get married in Key West, FL on March 9th, 2010. I assume I should apply for the CR-1 immediately upon getting our marriage certificate certified?

Also how long can a spouse visit on a B-1 visa? We were hoping to visit my home in Oregon for the time allotted for a B-1 visa. Also can we do the interview in the States for the CR-1?

Also, can she visit/stay repeated with the B-1 visa?

Finally can some direct me to the part of this website that provides guidance on the process.

Thanks,

Shawn

[Darnell 8,478]

re: B-1 visa - B-1 ? Not B-2 ? Dunno about the B-1 - the CBP boys at the POE will give her an I-94 thingie, with the expiration date on it.

is no concept of 'spousal visit' for B-1 or B-2, so really can't tell you one way or another.

re: repeated visits on B-1 visa: depends on the visa. if multi-entry, then yes.

I-130 guide - http://www.visajourney.com/forums/index.ph...page=i130guide1