fatbrit

Residence is a state of mind. But probably, yes!

Noorah101

Marrying while on the VWP most certainly is an option, and it's your best option. It's comletely legal to marry on the VWP. The illegal part is intending to remain in the USA after marriage and apply for a green card.

So your best route is to marry on the VWP, then you'll file an I-130 to get the ball rolling on his Immigrant Visa. He should have a stable mailing address in the country where he will interview for his visa. Eventually he'll go back to that country to get his medical done, turn in his visa application paperwork, and attend an Immigrant Visa interview. When he gets the Immigrant Visa in hand, and uses it to come to the USA, he becomes a US Permanent Resident right away, with full rights to live and work in the USA from then on.

He will also need to get police reports from any country he lived in longer than 1 year, after the age of 16.

Rene

imalzrd

yes, it all helps. what I don't quite understand...I will at some point. It is a daunting task if viewed as a whole...so looking at it in parts helps.

AOS....I'm wracking my brain to remember what that stands for!

but I now know more ..than I did before I posted...and I'll keep searching threads for similar situations...though I think ALL are unique in some way. I ran a large search on that seamans visa...

If I have things right...it sounds as if we can marry when we are both mentally ready, then I file the petition for spouse while he stays on ship? or he HAS to go back to his country to get rid of his c1/d? .....then he goes back to country of residence, likely UK, for med check and interview....when granted he can come here and be done with it...

or something similar to all that?
argh. the only thing I'm truly sure of is that this case REALLY could use a good imm. lawyer!
peace,
Debs~

imalzrd

OHHH! sorry, I didn't see that post b4 my last one. I"m stillunderstanding how this forum works! that was all very clearly said for my brain! thank you!!!! now I understand what is legal, what is not. and all that is fine by us! he wants to continue to work...before and after marriage. so that was good to read! y'all are VERY helpful...

ian-mstm

It helps to know that there are several steps to what you want to do. Take each step one at a time, and don't worry about the middle or end of the process until you've started at the beginning! Learning about immigration is very much like learning a new language... it'll take time for it to sink in. No worries... we have all been there!


AOS - adjustment of status... from an immigrant with a visa to a US permanent resident (PR).


We don't get too many folks asking about the C1/D visa, so perhaps "seamans visa" isn't the best term. Try "C1/D visa" or something similar.


He can stay on the ship if he wants, and he doesn't need to get rid of the C1/D. It's perfectly okay for him to have 2 different visas (he currently has a C1/D, but eventually he'll have a CR-1 as a result of you filing an I-130). However, any official correspondence will need to go to a foreign consulate (I suggest the UK, since he has a UK passport - and less scrutiny than SA), so he'll need an address in the UK to receive such correspondence.


Yes.


You're feeling a bit overwhelmed just now... quite understandable. Your case is quite simple actually, and not that complicated at all. You're just a bit unfamiliar with the terms used, and the process. Many of us here went through the process without using an attorney and did just fine. If you think an attorney will help you sleep better at night, then by all means consult with one, but if you're fairly detail oriented and don't mind asking questions here, we'll be glad to help you through the entire process.

Ian

imalzrd

oh....I found found such a kind place here....you have no idea how comforting that is to me. your answers were perfect! it'll cost me $100 to meet with a lawyer tomarrow to get his take, get an estimate, etc. but I have a clue now that I didn't before! many thanks for that! I found Therock threads and the imm. lawyer threads and and and.......and will continue to educate myself...

imalzrd

Martin docks in Miami tomarrow where he has access to affordable internet...(the ship does NOT provide that to staff, something to avoid mutiny I suppose ;0)

he has the link here, and will probably have ques. of his own...esp. re. the WVP vs. his C1/D for the March visit. that holiday is incredibly important to us.

thanks to you all....I'll let you know the lawyers take....

Debs~

imalzrd

as I attempted to do ANYTHING but think of all this...I thought of this:

if he cannot change his staus from the C1/D, doesn't me applying for a CR-1 do just that?
or is the fact that I am doing it for a husband , (when that time comes) make the diff. that makes it possible.? so when the CR-1 gets approved, and he then ditches his c1d...and well...jumps ship? have I driven you all nuts yet?
:0)~

and btw...the lawyer I see tomarrow is a member of AILA and they do specialize in imm. only....so thats good... and I'll have Martin on speaker phone for that consult....

debs~

Noorah101

Getting a visa is not the same as adjusting status.

He cannot enter the USA on his C1/D status, and then remain in the USA to adjust status to permanent resident. It's not allowed. End of story on that route. Note that this does NOT involved the CR-1 Immigrant Visa. It's the Adjustment of Status path.

You don't apply for a CR-1 visa for him, he does that for himself, after you've filed an I-130 petition. Getting a CR-1 Immigrant Visa is different than adjusting status while inside the USA. The CR-1 visa involves him returning to another country (UK, in this case), and obtaining a visa to immigrate to the USA. He remains on his C1/D while waiting for the Immigrant Visa to process...then when he gets the Immigrant Visa in his passport, he uses that visa to enter the USA. He's not jumping ship or adjusting status...he's using the correct visa for the purpose of coming to live in the USA.

Hope that clears up your confusion.

Rene

Noorah101

Regarding the consultation with the lawyer....if you plan to come back and post what the lawyer tells you, you should really tell the lawyer that you plan to do this. That way, he can give you answers that he doesn't mind the public hearing. If he gives you confidential answers that he doesn't think you're sharing with the rest of the world, he might give you different answers. To be fair to him, just let him know ahead of time if you plan to share his answers with a public forum.

Rene

meauxna

I should have added that. AOS = Adjustment of Status to Permanent Residency.
This is the in-country application one makes when they enter as a non-immigrant (K-1, worker, student etc) and want to become an immigrant (IE stay permanently).

Sort of; he doesn't have to go 'get rid of' his C-1/D; it will be or can be canceled when he gets his Immigrant or K visa.

Once you are married, and file the I-130, he can not remain in the US because of it.. maybe that is a better way to say it. Where he goes is up to him. He can continue to work on the ship, or go live wherever he lives.

He has to apply for the VISA in his country of residence, or last residence.
When the visa is granted, he can come to the US and be done with it.

YOU will get a much better result from the good immigration lawyer if YOU have a good understanding of what she's talking about first. I know it's hard, but I encourage you to stick with it today before your consultation. Covering these basics now will save you time/money/frustration tomorrow.
Feed back your understanding of the options to her, in your own language/way to make sure you have understood what she tells you.

Your case is not complex in the immigration world, it's complex to you because it's in a new lingo.

That's what I thought I understood from you at first, then you said he did not want to stay on the ship. If he will want to work/continue working, the Immigrant Visa is far superior to any AOS/Adjustment of Status situation because he will always be work and travel authorized.
With AOS, there is always a period of time where he is not authorized to work or travel.

No, it's more specific than that. A crewman can not *adjust status*/AOS from his C-1/D entry. That means that if he comes off the ship with the C-1/D, he can not marry and file the AOS to stay. You aren't going to do that anyway, from what you've said.

YOU are not applying for the Immigrant Visa (CR-1).. you will "petition" him with the I-130, then HE will apply for the visa (outside the US).
He will get his new 'status' when he comes back with the correct visa.

Each "visa" allows the holder to be admitted in a certain "status".
The C-1/D is admitted as a crewman.
The B-2 or VWP is admitted as a "tourist".
The Immigrant visa (CR-1) is admitted as a Permanent Resident.
The K-1 is admitted as a fiance, and then needs to apply further to become a Permanent Resident.

[QUOTE] and I'll have Martin on speaker phone for that consult..../QUOTE]

I also suggest that you have a list of specific questions; let the lawyer interview you, but make sure that your questions are on hand so they get answered.

I know this is the bugaboo of a certain person here but if she's not going to post the lawyer's name, I'm not sure why it matters, other than to put the lawyer on notice that they should not give illegal advice.
A lot of lawyers seem to think "that advice" IS legal.

Debs: it is not appropriate for Martin to enter the US on the VWP, state that he is a visitor, if he really intends to stay in the US (immigrate). While a lot of lawyers will tell you it is 'faster and easier', I don't see that it is for your situation. There is nothing all that complicated about applying for the correct visa type and Martin wants to continue traveling and working right now. This method would NOT allow him to return to ship for several months.

imalzrd

"Once you are married, and file the I-130, he can not remain in the US because of it.. maybe that is a better way to say it."

that is an excellent way to put it! and its BECAUSE of the C1/d that he cannot stay...i think....


YOU will get a much better result from the good immigration lawyer if YOU have a good understanding of what she's talking about first.

Exactly! which is why I will study Britguys glossary of terms tonight...and perhaps have a few cheater notes on the tablet I bring. a friend is going with me as a 2nd pair of ears and note taking. I HOPE that won't be a problem for the gentleman. (I'll omit the fact that her H is a lawyer, her bro-in-law is a retired judge, her last name will ring bells) too bad they don't let you record the session! then if I didn't quite understand something, I can go back til I do!



" then you said he did not want to stay on the ship."

ship life is for the young, and will burn you out fast for too long. he desires to work at his trade (M/C mechanic) but any job, including ship casino work, will do until all is said and done.

"That means that if he comes off the ship with the C-1/D, he can not marry and file the AOS to stay. You aren't going to do that anyway, from what you've said. "

no, we don't want that. His boss has told him he must officially sign off while IN the bahamas before they get back to port, or he'd have to leave the country to come back on the VWP, that the C1 only allows for 24hr. in US before/after contract completion. he will have papers showing his departure out of Balt. after the break. he WILL be leaving the country after that REAL WORLD visit. Its agreed upon. I still don't understand how its possible to get married in one Sunday aft anyway??!!

(its all so technical: can we pause for this romantic moment? The reason we jump these hoops? ~we are dying to ask each other, "whadda want for dinner?" lol

"if he really intends to stay in the US (immigrate)."

he's not. he'd leave...let me file the I-130...but that has to go through before he leaves ship and moves back to UK to file for the CR-1...I think




"A lot of lawyers seem to think "that advice" IS legal. "

I'll be making it loud and clear, "don't go there". the odds that we EVER met are astonishingly small. to have great communication and connection on top of that? even smaller. we absolutely cherish the fact that we have found each other. Neither of us want to jeopardize that gift AT ALL.

"There is nothing all that complicated about applying for the correct visa type"

He'd LOVE to be able to NOT move back to UK, hit up friends for a place to stay and receive mail, find work etc there since it'd be temporary, but there isn't a RIGHT way to avoid that AND be able to work. and that workin' part...its important to him for many reasons. like it is to al of us..

Noorah101

Do some research on what it takes to get married in your state. Every state is different. For example, here in AZ, my alien fiance and I showed up at the marriage license dept. at 3:30 pm (on a weekday), we both only needed to show ID (passport for him, drivers license for me). We got the marriage license, and then went back at 5:00 pm to get married by a Justice of the Peace at the courthouse. So our marriage only took about 2 hours from getting the marriage license to saying "I do".

Some states have a waiting period, though, between getting the marriage license and the time you are allowed to get married. Also, I am pretty sure nothing will be open on Sunday to get this done, you'll have to do it on a week day.

Rene

meauxna

Correct. The C-1 status specifically prohibits an adjustment of status/AOS.

This is totally temporary.. I found it romantic in that I was learning what I needed to know to keep him forever..
Anyway, trust me, after enough years together, you're always both in a race to ask what the other wants for dinner so you don't have to decide yourself...

The flowchart is so:
You marry
You get a copy of your filed marriage certificate (takes a week or three depending on your local gov't)
YOU (USC) file I-130 (you will need some things from him for this, get them before he leaves the US)
I-130 takes 4-6 months for approval.
** During this period, he may enter and stay in the US for as long as he is permitted.. IE, 90 days if VWP, X days that his C-1/D allows etc.. he may not live in the US yet

When I-130 is approved, visa application begins.
YOU may be appointed his 'agent' and send the required documents to the "NVC"/National Visa Center, which is located in the US. They collect all the visa application documents and this phase takes a couple of months.

Finally, a visa interview is set (by NVC) and visa applicant goes to the medical and interview.
THEN he gets to move to the US.

This is what I do not understand.. why can't he remain in employment on the ship? OR he absolutely does not want to?
Just so you understand that the visa process is not what's keeping him from the ship.

imalzrd

"Just so you understand that the visa process is not what's keeping him from the ship."

excellent! yes, he'll likely stay on ship, doesn't like it...but will do it. (its the closest we can get to being together) until : "a visa interview is set (by NVC) and visa applicant goes to the medical and interview. " which if I understand correctly...will be in UK.

I asked him where HE considers his country of resisdence...he's been so ship-bound for so long, he said, "Baby I don't consider anywhere home as in residence" too bad the powers that be don't consider 'ship' to be a residence. ;0) its not a pleasant life...I've seen it. but since his PP is UK...that'll be the place.
I"ve wondered if a quick jaunt to Vegas is the answer...it wouldn't be illegal since he IS going to the ship out of Balt. afterwards for his next contract....hmmmmmmm