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davidvs

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  • State
    New York

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  • Immigration Status
    IR-1/CR-1 Visa
  • Place benefits filed at
    Chicago Lockbox
  • Country
    Thailand

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  1.    davidvs reacted to a post in a topic: Terrified of signing I-864 Affidavit of Support
  2.    Argenta2623 reacted to a post in a topic: Terrified of signing I-864 Affidavit of Support
  3.    Dashinka reacted to a post in a topic: Chances of getting married on tourist visa (B2) then adjust status
  4.    alliejourney reacted to a post in a topic: Chances of getting married on tourist visa (B2) then adjust status
  5.    SalishSea reacted to a post in a topic: Chances of getting married on tourist visa (B2) then adjust status
  6. davidvs
    You have just created a digital trail of contemplating immigration fraud, so you've got that going for you...
  7. davidvs
    Traveling with small children is not a hardship in the least. NY to Istanbul is a 12 hour flight with a stop midway in London. You are looking at 2 6 hour flights more or less. Can you have a friend or relative make the trip with you? I'd bet you could find someone who wouldn't mind a vacation. Making a solo trip isn't all that difficult either. I travelled solo with my 5yo NY to Bangkok which is was a 26 hour trip. He loved every second of it. Of course there is also the option of meeting in a 3rd country. Bahamas is visa free for him and a very short flight from the US.
  8.    OldUser reacted to a post in a topic: Double proxy marriage
  9.    OldUser reacted to a post in a topic: I-485 denied. Please help!
  10.    Stormi10 reacted to a post in a topic: I-485 denied. Please help!
  11.    apond reacted to a post in a topic: I-485 denied. Please help!
  12. davidvs
    Completely inaccurate.
  13.    davidvs reacted to a post in a topic: Can someone help me?
  14.    Lemonslice reacted to a post in a topic: Can someone help me?
  15. davidvs
    That post refers to a wedding reception, not an engagement ceremony. Sounds like two different things. I'll defer to you on the engagement ceremony since you have HCM City specific knowledge, but I would still be hesitant to do it..
  16. davidvs
    This can be a risk if immigration sees photos or other evidence of the reception and decides to label them as "too married for K1" I would wait, get married here and then go back for a reception in Vietnam.
  17. davidvs
    Only US law matters. Her country of origin does not have control over her US immigration process.
  18. davidvs
    How is it any worse than the millions of people who come on a tourist visa, overstay, marry and get to adjust status?
  19. davidvs
    No, you cannot.
  20.    davidvs reacted to a post in a topic: I entered with a K1 visa to the United States but marry someone else
  21.    davidvs reacted to a post in a topic: I entered with a K1 visa to the United States but marry someone else
  22. davidvs
    No, the key phrase is the defined difference between a private "recreational" yacht and a commercial yacht. Recreational yachts cannot be chartered in US waters with B1 crew aboard. See link to the Foreign Affairs Manual. 9 FAM 402.2-5(C)(5) (U) Yacht Crewmen (CT:VISA-1730; 03-10-2023) (U) Yacht crew who will provide services on board a recreational vessel who are able to establish that they have a residence abroad which they do not intend to abandon, regardless of the nationality of the yacht, are classifiable B-1. You should be aware that privately owned yachts may be chartered while abroad but used for personal use while in U.S. territorial waters. Websites related to the charter business may not reflect this. See 9 FAM 402.8-3(A)(1). https://fam.state.gov/fam/09fam/09fam040202.html There is a clear definition between Bill Gate's yacht and a NCL ship (my wife worked for NCL by the way )
  23. davidvs
    OP is correct. Yacht crew are treated differently than commercial crew. If the ship they are working on is not a US flagged vessel, and not considered a commercial ship, B-1 is the correct visa. f. (U) Yacht Crewmembers May be Classifiable as B-1 or D Crewmember: (1) (U) In General: Yacht crewmembers may provide services on board a recreational or commercial yacht. Yacht crewmembers who will provide services on board a recreational vessel traveling to the United States are classifiable B-1. Those who will provide services on board a commercial vessel and who meet the requirements under INA 101(a)(15)(D)(i) above are classifiable D. (a) (U) A recreational vessel is primarily used for pleasure by the owner or a guest of the owner. Some private yacht owners maintain crews year-round even if the owners and/or the owner’s guests only use the yacht for periods of the year. (b) (U) A commercial vessel is primarily used for commercial purposes, such as for transporting passengers or cargo for payment or other consideration. https://fam.state.gov/fam/09FAM/09FAM040208.html#:~:text=Yacht crewmembers who will provide,i) above are classifiable D.
  24.    davidvs reacted to a post in a topic: Awaiting I-485 decision for my dad but we are travelling to Home country for a month - Can I request for rescheduling appointment >
  25. davidvs
    Excellent point. Phrasing an argument in the precise way is very important when completing a waiver app.
  26.    davidvs reacted to a post in a topic: 601A Evidence Question
  27. davidvs
    Yes, inability to speak the language should be a strong argument when combined with other evidence. The fact that you ARE living there currently does take away from the argument though. I assume you are not able to work locally due to the language barrier. This would aide in proving extreme hardship to financially support the family. In my case, local professional certifications/standards (accounting and finance) as well as language barrier would prevent me from working in Thailand, and time difference would prevent me from being able to work remotely for an American company. When you are putting together your arguments try to follow the logical steps in building a case for extreme hardship. Although the vast majority of waivers (assuming yours is for previous overstay) are approved if they are well thought out and well written, I do not think a 601/601a should be done DIY. Feel free to contact me if you need some help with anything. Good luck in your journey.
  28.    davidvs reacted to a post in a topic: Social security ????????
  29. davidvs
    If she left(fled) her home country after committing the crime(s) but before investigation started/charges brought, there would be no record of the crime and she would be able to get the visa.
  30. davidvs
    If I wake up in the middle of the night I have to burry my mask under my pillow and blankets so my wife won't wake up, lol. OP, your situation sounds very reasonable and explainable in the very remote chance you get a visit. Many people have "alternative" sleeping arrangements for a variety of reasons. I ended up sleeping in our son's room for over 2 years because Mommy had him next to her in bed since he was born.
  31. davidvs
    Does she want to stay with the guy? She can file for divorce, no need to wait around for him to do it.
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