imalzrd

my b/f (46 y/o,... I am 43 y/o) works on a cruiseship in Fla.. he has a c1-d1 seamans visa. he has a British PP, but was born in S. Africa. (The passport was changed over when he was young by his parents....Rhodesia was NOT going to be around for long)

He is going to change contracts to work on a ship out of Balt. where we can then at least see each other on sundays. he will get 4-6 wks holiday between contracts starting March 1st, where, under the VWP, he plans (hopes!) to stay with me in DE. it will be our first REAL WORLD time together other than me visiting the ship.....and we are thrilled for that! I'll never take for granted the power of just 'BEING' when you want it and can't have it! anyway...

I have researched and read so much online...USCIS, foreignborn, ESTA, and this site has GREAT threads...have I understood everything? prob. not....

It is mind-boggling to try and decide the best route for us to go. It seems like you can't have it all. He really wants to work during this process, but to not have more time apart than necc is both our wish.....etc. We aren't spring chickens, and no big white wedding is what we require. We are secure in what we want (marriage) yet flexible to be able to choose the simplest route to this goal. (oxy-moron?)

so K-1? and if that gets approved, we marry, then he can stay in U.S. but not work? unless he files for a work permit? do I have that right? ...I think Britishguy36 (?) had an excellent link in his signiture comparing the programs...and it helped alot. but I still don't know. to plan to marry during his WVP stay then file a I-130 is illegal...and we've nothing to hide, so don't want to potentially mess this up. though another lawyer did say it was easier and not that uncommon...which was shocking to here. if we did, he could work right away while the i-130 was being approved? then the CR-1...since he is technically not in the U.S. while working on the ship... whew..mind boggling...

I do have an appt. with an immigration lawyer this monday, and am supposed to be compiling ques. to ask...but I think I'm frozen from info overload! do most people hire a lawyer for the filing and such? its costs a bit to do it on your own...but mistakes from mind boggled folk like myself cause pain worse than wallet pain.

We do our best to utilize email, IM, phone time...but if you know anything about ship life, you know the cruiselines make it cheap to drink and smoke, but difficult to have contact with the 'outside world'. they like to keep their workers away from 'life'.

ANY and all advice, or further ques. for me is greatly appreciated!
Deb from DE~

fatbrit

If you are tempted to use the VWP express method (and I make no comment on its legality, morality, etc.), do note that it does NOT work from a C1/D1 entry.

imalzrd

We aren't comfortable going around the system at all. no temptation for us there at all.
but are you saying he can't even get the VWP to visit between contracts because of his C1D1?

meauxna

Some thoughts from the top of my head,

I read that your BF plans, and wants, to continue working on the ship for a year or so, is that right?
If so, you may have overlooked the Immigrant Visa (CR-1) for spouse, which seems to fit your needs.

You could marry when you decide it's right, and file the I-130 petition which starts it off.
When that is approved, Mister applies for his Immigrant Visa (you will be able to send all of his paperwork in) and he will appear for a visa medical and interview at the Consulate of his home country (you don't actually say where he lives).

When he immigrates to the US, he becomes a Permanent Resident, with work permission, from day one. He can also travel immediately in/out of the US.

During the application time, he can still visit on the C-1/D or VWP.

He can not adjust status from the C-1/D, but it sounds like you know that.
Adjusting status requires him to remain in the US, and not work until he gets the right documents. That can take about 3 months from filing.
Adjusting status from the VWP has several problems with it, and planning to do so is illegal.

The Immigrant Visa is the one designed for exactly what you want: to move your spouse to the US as an immigrant. It's not uncommon, and there's really no down side to it. My husband entered that way, and it made his transition into US life much easier without struggling with AOS. In our situation, we lived together outside the US til his visa was ready.

It IS a bit mind-boggling at first. I think the best advice we can give you is to not rush the decision, and expect it to take a little while to understand your options.

meauxna

He CAN be admitted under the VWP, but he has to make sure to be admitted in that status vs the C-1D.

fatbrit

Yep -- he can enter on either. And you can get married on either, too. But it is impossible to adjust status from a crewman entry.

Looking at your dilemma, it's a tough one. Where is his "residence"?

imalzrd

no, staying on the ships is not important to him at all.
forgive my simplicity here...before the I-130 is filed, we marry.
marrying while on the VWP is NOT an option...then how does one marry in the U.S.? lol I bet that sounds like a silly ?!

"He can not adjust status from the C-1/D, but it sounds like you know that."

can't adjust it to what? he can't apply for imm. visa from ship can he? He'd have to move back to UK until approved?
please forgive me if I sound scattered...its cause I am!

imalzrd

his res. is the ship. before that it was S. AFrica. before that UK.

imalzrd

I"m not understanding the meaning of 'adjust status'. status meaning visa? or place to live? so he has to ditch the seamans visa, poss. go back to UK and do the process from there?

imalzrd

lightbulb moment: I can't file a I-130 for someone with a c1d1? is that right?

meauxna

Nope.

"Adjusting status" is the "10 foot pole" option; it is the application for permanent residence where he must remain in the US, if it is preplanned it is illegal, and it can not be done period from a C-1 admission.

You have discussed the option of him marrying, AND marrying + staying (which means AOS).
It is totally possible for you to marry in the US (from either admission), then you file the I-130, he LEAVES and continues his business, and then has his visa interview, probably in SA.

AOS/Adjustment and a visa eventually result in the same thing: Permanent Resident status aka a green card.

You can't file the I-130 until after you're married.

PS: I can't really see the benefit of a K-1 for you, plus it's confusing enough right now; you can ask questions about it later.


edit: Adjust status = Adjustment of status from a non-immigrant TO permanent resident.

meauxna

It is going to be a minimum of 6 months before he has the correct visa to live in the US. Staying on the ship is important during that time if he wants to visit the US.

There is no legal option that allows him to immediately start living in the US.

Does that help?

Noorah101

The OP might want to read the thread from TheRock, who entered too many times in succession on the VWP, without having a "home" to go back to. The OP's boyfriend might end up with the same problem if he's going to enter the USA for 6 week visits at a time....or if he's going to enter every Sunday (couldn't quite tell which it was), and he won't have proof of ties to a home country because he lives on a ship.

Just something to watch out for.

Rene

fatbrit

Marry on his next visit, file the I-130 for a CR1. Problem is where he processes it. No idea myself. On first entry after, he's a PR. It'll need a lot of planning and he'll probably need a month off around 8 or 9 months after you file. Suggest he moves his residence to either the UK or SA at a relatives or friends place -- someone good a relaying messages.

BTW, he's liable for US tax the moment he becomes a PR -- that'll probably upset him! Don't think he'll have trouble maintaining his residency as long as he spends most fo his free time here.....but he's not going to be able to naturalise until after he retires from the job.

meauxna

Place of last residence, I believe. SA.