Unique situation??

[Fandango 1,439]

Well I would totally quit the boat so I could stay in the USA with her to wait for an AOS. However then they probably put a lot of pressure on to prove we spontaneously got married as they may find it hard to believe...

OR - Maybe we apply for the K1, when I get back in Feb on B1B2 visa, I stay when the boat departs and hope the visa turns up before I have to leave USA (6 months from coming in on the boat). Then I would fly out and re-enter on the K1... Does this sound do-able?

P.S

Sorry I'm not sure what some of these abbreviations people are using- EAD, AP?

Thing is, you cannot 'spontaneously' decide to marry and stay since you're talking about it now. That proves intent to stay, which you cannot legally have upon your next crossing POE to come here.

And you can't stay when you do K-1...well, you technically could so long as you stay within your time parameters on your B1/2 visa...but you'd have to fly home for your interview.

Actually, if you quit your job that you got the visa through, you prolly can't stay anyways.

[pushbrk 12,894]

Thing is, you cannot 'spontaneously' decide to marry and stay since you're talking about it now. That proves intent to stay, which you cannot legally have upon your next crossing POE to come here.

And you can't stay when you do K-1...well, you technically could so long as you stay within your time parameters on your B1/2 visa...but you'd have to fly home for your interview.

Actually, if you quit your job that you got the visa through, you prolly can't stay anyways.

He can keep his B1/B2 visa. It's not tied to his job.

Speculation about what is spontaneous is just that, spontaneous. I have no idea whether marriage plans have been discussed with the bride and the OP may not know what her answer may be to any contemplated proposal. I expect the OP will not choose to quite his job to sit and twiddle his thumbs for several months but he might. It's the ONLY way he can take the AOS route, if at all. What he must avoid is telling any lies upon any US entry.

A hope of or even a plan to marry is not necessary to disclose and in and of itself, not forbidden in any way. The decision to stay after marriage, could be made before or after the entry or marriage but there's no evidence that decision is already made. The OP is examining options. Let's keep our judgments to ourselves and stick to on-topic discussion. Ok?

[Rebecca Jo 1,962]

B1/B2 for an alien on a sailing vessel does not appear to be your 'vanilla' B1.

The OP needs more research, possibly from ship's caption, more likely from an immigration attorney. I've been digging for 30 minutes and I can't find anything conclusive. Part of the answer might depend on whether or not our friend also holds a C1/D. Or what the date is on his I94W.

http://www.lahlaw.com/nonimmigrantvisas.shtml

B-1 Crewmen and OCS Workers

Coasting officers and crew members of private yachts sailing out of foreign home ports that will be cruising in U.S. Waters for more than 29 days are properly classifiable as B-1 business visitors, not as D-1 crewmen. However, in contrast to these and other crewmen, OCS workers are unique for a multitude of reasons. The main difference is that the actual issuance of a B-1 OCS status designation involves the concurrent governance under the Outer Continental Shelf Lands Act (OCSLA), Coast Guard Regulations, and the INA. Generally, employers engaged in OCS activity may only employ U.S. citizens or LPRs necessary for the unit's routine functioning unless there are not sufficient USCs or LPRs qualified and available or the unit is over 50% owned by citizens of a foreign nation. The unit's routine functioning personnel generally includes marine officers and crew; industrial personnel; and support personnel. This generally will not include specialists, professionals, or other technically trained personnel.

[pushbrk 12,894]

B1/B2 for an alien on a sailing vessel does not appear to be your 'vanilla' B1.

The OP needs more research, possibly from ship's caption, more likely from an immigration attorney. I've been digging for 30 minutes and I can't find anything conclusive. Part of the answer might depend on whether or not our friend also holds a C1/D. Or what the date is on his I94W.

http://www.lahlaw.com/nonimmigrantvisas.shtml

B-1 Crewmen and OCS Workers

Coasting officers and crew members of private yachts sailing out of foreign home ports that will be cruising in U.S. Waters for more than 29 days are properly classifiable as B-1 business visitors, not as D-1 crewmen. However, in contrast to these and other crewmen, OCS workers are unique for a multitude of reasons. The main difference is that the actual issuance of a B-1 OCS status designation involves the concurrent governance under the Outer Continental Shelf Lands Act (OCSLA), Coast Guard Regulations, and the INA. Generally, employers engaged in OCS activity may only employ U.S. citizens or LPRs necessary for the unit's routine functioning unless there are not sufficient USCs or LPRs qualified and available or the unit is over 50% owned by citizens of a foreign nation. The unit's routine functioning personnel generally includes marine officers and crew; industrial personnel; and support personnel. This generally will not include specialists, professionals, or other technically trained personnel.

A B1B2 is not a B1 but clarification would be a good idea. I've never heard of a B1B2 being tied to a specific employer. He would not have an I-94 because that would have been taken at his last departure and certainly he would not have an I-94W as he wouldn't enter on a VWP with a B1B2 in his passport.

[Rebecca Jo 1,962]

A B1B2 is not a B1 but clarification would be a good idea. I've never heard of a B1B2 being tied to a specific employer. He would not have an I-94 because that would have been taken at his last departure and certainly he would not have an I-94W as he wouldn't enter on a VWP with a B1B2 in his passport.

Fair enough. You are right it would be the I94.

Holders of the B1/B2 are admitted in one of the categories (either B1 or B2) dependent upon their stated reason for admission. The visa itself is not employer specific, but the I94 they receive is yacht specific, according to my research.

http://americancrewhouses.webs.com/visainformation.htm

"No, crew do not need to obtain another B1/B2 when joining a new boat as long as the visa is still valid. Again, it’s the I-94 card received at the last entry to the U.S. that dictates what the crewmember can do legally. The I-94 card is yacht/job-specific, so if crew arrive in the U.S. on one boat and want to switch jobs while in the U.S., legally they need to leave the country and return with the new yacht’s papers to be allowed to work on the new boat. A new B1/B2 visa is not needed."

In addition, I could not find this particular ruling by a blind google. Someone with access to Bender's (a lawyer) would be able to find it. But I did find an reference to this old case in another BIA decision. The case could have been superseded by other ruling since that time.

http://www.justice.gov/eoir//vll/intdec/vol25/3655.pdf

"On the other hand, we have held that an alien entering the United States as a B-2 nonimmigrant visitor for pleasure can be

considered a crewman where he “intended to pursue his calling as a crewman aboard [a ship].” Matter of Campton, 13 I&N Dec. 535, 538 (BIA 1970)

(concluding that “the respondent’s last entry . . . was sought and gained solely in pursuit of his occupation”)."

If the OP does not wish to hire an attorney, he might want to ask his question of a reputable yacht agent.

[pushbrk 12,894]

Fair enough. You are right it would be the I94.

Holders of the B1/B2 are admitted in one of the categories (either B1 or B2) dependent upon their stated reason for admission. The visa itself is not employer specific, but the I94 they receive is yacht specific, according to my research.

http://americancrewhouses.webs.com/visainformation.htm

"No, crew do not need to obtain another B1/B2 when joining a new boat as long as the visa is still valid. Again, it’s the I-94 card received at the last entry to the U.S. that dictates what the crewmember can do legally. The I-94 card is yacht/job-specific, so if crew arrive in the U.S. on one boat and want to switch jobs while in the U.S., legally they need to leave the country and return with the new yacht’s papers to be allowed to work on the new boat. A new B1/B2 visa is not needed."

In addition, I could not find this particular ruling by a blind google. Someone with access to Bender's (a lawyer) would be able to find it. But I did find an reference to this old case in another BIA decision. The case could have been superseded by other ruling since that time.

http://www.justice.gov/eoir//vll/intdec/vol25/3655.pdf

"On the other hand, we have held that an alien entering the United States as a B-2 nonimmigrant visitor for pleasure can be

considered a crewman where he “intended to pursue his calling as a crewman aboard [a ship].” Matter of Campton, 13 I&N Dec. 535, 538 (BIA 1970)

(concluding that “the respondent’s last entry . . . was sought and gained solely in pursuit of his occupation”)."

If the OP does not wish to hire an attorney, he might want to ask his question of a reputable yacht agent.

What is the question you're suggesting he ask and why?

[Rebecca Jo 1,962]

What is the question you're suggesting he ask and why?

Whether or not he could be ineligible to adjust to permanent residency because he may be considered a crewman.

[pushbrk 12,894]

Whether or not he could be ineligible to adjust to permanent residency because he may be considered a crewman.

Certainly worth asking but I have a feeling he's going to decide against adjusting status anyway. There's just something about a marriage proposal that says, "Will you marry me and support me for several months (or longer, or much longer) because I'm quitting my job and don't know when or whether I'll get another?" But, different strokes and all.

[In Love Kiwi 0]

Definitely seems like some research needs to be done. My fiancée has found a number:

Visa Information:

202-663-1225

found on the gov website

http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/std_alp.php

Hoping someone there could give some answers... Or maybe calling border crossing guards?

A question I do have is, can I use one of the local offices in Florida to process my application? As I can't afford to do this all the way back in my home country (NZ). (I need to go into the office for certain things don't I?)

[pushbrk 12,894]

Definitely seems like some research needs to be done. My fiancée has found a number:

Visa Information:

202-663-1225

found on the gov website

http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/std_alp.php

Hoping someone there could give some answers... Or maybe calling border crossing guards?

A question I do have is, can I use one of the local offices in Florida to process my application? As I can't afford to do this all the way back in my home country (NZ). (I need to go into the office for certain things don't I?)

Visas are used to enter countries. As such, they are obtained outside the country you wish to enter. Spouse and fiance visas are obtained in the applicant's country of legal residence or citizenship. I already told you this at least twice.

[In Love Kiwi 0]

Okay Pushbrk I have gone back through the posts and seen that. I guess I didn't want to accept that, and I haven't.

We made a call, told them all the information; Being already in the States with the yacht on the B1B2, we marry and apply for I130 Alien Relation petition along with the AOS I485. They were very helpful and told us we would also need to submit,

I693

I864

I765

I131

I would have to wait in the states for the I131 travel doc to come through to leave while the AOS was still in progress I think she said...

We will call again and record the call as well to make sure.

Sounds like the news we wanted!

[pushbrk 12,894]

Okay Pushbrk I have gone back through the posts and seen that. I guess I didn't want to accept that, and I haven't.

We made a call, told them all the information; Being already in the States with the yacht on the B1B2, we marry and apply for I130 Alien Relation petition along with the AOS I485. They were very helpful and told us we would also need to submit,

I693

I864

I765

I131

I would have to wait in the states for the I131 travel doc to come through to leave while the AOS was still in progress I think she said...

We will call again and record the call as well to make sure.

Sounds like the news we wanted!

Above is the description of the Adjustment of Status process that has also already been described here. We've been discussing whether 1, you qualify based on your crewman issues and 2, whether you're willing to quit your job once you get married and have your wife support you until you get your AP and/or Green Card. It's as if you've comprehending NOTHING we've been discussing.

[In Love Kiwi 0]

Excuse my situation, I am on a busy private yacht so only have short times to check email etc, I have been quickly scanning what has been written.

Well I was asked if I was on a D1 visa. I said I am on a B1B2 with the yacht. I'd never heard of the D1 before. From what the lady took from me I guess I'm not 'considered' a crewman. (I though you'd need the D1 visa for that?)

I have just seen that D1 crewman and not allowed to change status.

Yes I am willing to quit my job to be with her. She hates this long distance as much as me and will do anything for us to be together. This job has good pay with NO expenses so I am able to save a lot of money before I am with her.

P.S - Pushbrk, no need to be immature and pushy, what's the point? I am very new at this and am only just understanding all the talk with the abbreviations etc. Its like jumping into a conversation you know nothing about so yes I do need clarification and to see things a couple of times.

I would like to place my results here over time, but don't feel motivated to do so at all being condescended by you.

[pushbrk 12,894]

Excuse my situation, I am on a busy private yacht so only have short times to check email etc, I have been quickly scanning what has been written.

Well I was asked if I was on a D1 visa. I said I am on a B1B2 with the yacht. I'd never heard of the D1 before. From what the lady took from me I guess I'm not 'considered' a crewman. (I though you'd need the D1 visa for that?)

I have just seen that D1 crewman and not allowed to change status.

Yes I am willing to quit my job to be with her. She hates this long distance as much as me and will do anything for us to be together. This job has good pay with NO expenses so I am able to save a lot of money before I am with her.

P.S - Pushbrk, no need to be immature and pushy, what's the point? I am very new at this and am only just understanding all the talk with the abbreviations etc. Its like jumping into a conversation you know nothing about so yes I do need clarification and to see things a couple of times.

I would like to place my results here over time, but don't feel motivated to do so at all being condescended by you.

If you don't understand something, feel free to ask a question. Everybody here is busy with their own life, so no sympathy for the fact that you're busy.

If you're willing to quit your job for the woman, that's one thing. Whether she's willing to support you for several months is another. Please actually read the responses people have donated their time to provide for you, so we don't have to do it two or three times instead of once. The nerve of some people is beyond me.

You ARE a crewman regardless of whether you have a B1B2 visa, and somebody spend quite a bit of time researching whether you might be denied if you tried to adjust status. You would be wise to actually READ and HEED that discussion, as your crewman status appears to be relevant even with a B1B2 visa.

If you are unwilling or unable to do your part in the process, then I suggest you hire professional assistance. This is a DO IT yourself site, with emphasis on DO IT.

Edited December 16, 2010 by pushbrk