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Filed: Timeline
Posted

Sheesh....Avery is giving BAD advice...if an applicant offered me some letters or whatever from a relative proclaiming the need that said relative come and provide child care for another relative, that interview would last almost 30 seconds.

Remember, the COs are tasked with determining if the applicant plans to use the visa being sought in a manner consistent with current US law. Providing child care with a B2 visa violates those laws, and will bring the interview to a swift and unsuccessful conclusion, no matter if some letter explaining all of this is provided by General Blusterbreath, the Joint Chief of Staff or Private Radar....their opinions count for ZERO.

The law is clear.....a B2 visa holder admitted to the US in B2 status may NOT engage in any employment whatsoever....there are NO exceptions for military members, nice guys, hard workers, or anyone else...period. Never, and I mean never, have I ever received any letter from any attorney telling me that there is a legal exception for relatives to provide child care with a B2 visa.....I have challenged dozens who tried double speak to convince me otherwise.....my request to them was the same: show me the proof in our laws that this activity is permitted by a B2 visa holder.....none of them, no matter how full of themselves (and another substance!) they were, ever provide such proof. I went to the DoS legal department and asked them.....their response? It is not allowed. So, anyone trying to tell otherwise is full of that same substance as all those attorneys....

Sorry, but no matter what anyone thinks about the rationality of this law as it might relate to someone wanting to save money, it does not matter because such an activity is NOT ALLOWED.

That's why au pairs need a J1 visa....because such an activity (child care) is allowed by the holder of a J1 visa....not a B2.

Anyone else out there in VJ land who wishes to challenge my opinion, based on so many thousands of interviews that you cannot even imagine, based on my interaction with numerous attorneys, and with input from the office that regulates/oversees the legal ramifications of visa adjudications, that I am wrong....well.......show me undeniable proof, in writing, available to be accessed, where our immigration laws outline the exception to the rule of activities permitted on B2 visas.....I can't wait to read about them.....but....I won't get a single legitimate response.

OK, over to Avery and others.....show me the proof....

Filed: Other Country: Russia
Timeline
Posted

Read the whole thread, the need for a work visa was mentioned.

Yes, the options they have were previously mentioned. And they were also informed that the visitors visa can not be used for work. All good advice.

Instructing them to go ahead and attempt to use the visitors visa for work is not good advice. It is misleading to the OP and others who may read that.

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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

We don't know the inlaws intent, and they should not be instructed or encouraged to apply for a visitors visa for the purpose of work.

I make no such instruction, I only make the suggestion that if they're so hell bent on applying for one to circumvent the time it would take to get the proper, more appropriate visa, that they provide all honest and truthful information.

The proper thing to do, of course, is to wait until citizenship is achieved and apply for the appropriate family based visa.

That is the intent of the post he made.

For someone who said I was assuming things (when they were written right in the OP) you sure assume a lot.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

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Filed: Other Country: Russia
Timeline
Posted

I make no such instruction, I only make the suggestion that if they're so hell bent on applying for one to circumvent the time it would take to get the proper, more appropriate visa, that they provide all honest and truthful information.

Providing all honest and truthful information is applicable to every immigration scenario. It does not negate that you gave incorrect and misleading information prior to that.

The proper thing to do, of course, is to wait until citizenship is achieved and apply for the appropriate family based visa.

Indeed. They were already given that excellent piece of advice prior to your post.

For someone who said I was assuming things (when they were written right in the OP) you sure assume a lot.

Applying for a visitors visa when the intent is to work is going to result in at least a denial and possibly worse. There is no other outcome. There is nothing to assume.

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Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

The OP has gotten plenty of advice in response to his questions and can advise the parents on that basis. The thread is drifting into bickering, so it's now closed to further comment. Please don't restart the thread.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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