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Is dock walking allowed in my current situation?!
Dena Taylor
Posted: Thursday, April 11, 2013 12:31 AM
Joined: 10/04/2013
Posts: 3


I am here in the U.S, since January 2013, I am a B1/B2 and C1/D visa holder.  I am married to a U.S Citizen and i have started my filing. My doubts have kept me home all day from January and its torture staying home and indoors not being productive. I know it is illegal to work on land because i do not have my work permit as yet, but am i allowed to go dockwalking for day jobs on yachts!!!!??? 

Any advice is welcomed.

 

rodsteel
Posted: Thursday, April 11, 2013 3:47 AM
Joined: 25/06/2009
Posts: 277


Dena,

 

I tend to reply to immigration related questions because I and members of my family have been "down that road".

 

As you should know by now, the process of spousal immigration currently takes at least one year (and that is fast track - usually it takes eighteen months - it used to take six weeks - but that is a topic for another discussion ;o)). During this time you must obey all the rules or your request may be denied (i.e., you should not even consider work of any type while present in the US on your B2 - not even baby-sitting for a friend for no compensation - be thankful that you are allowed to stay here while the paperwork is proceeding - you could be stuck in your own country for at least nine months like most other spouses usually are).

 

However, if you really wish to work on yachts while your spouse takes care of the process, you can leave the US and apply for positions in non-US waters. Unfortunately, once the immigration papers have been filed, you can no longer use the B1/B2 or C1/D1 visas to enter US waters - i.e., you will have to stay in the Med or Caribbean for the duration.

 

Sorry,

 

Rod

 

P.S. Look on the bright-side - once you have your green card, the issue is moot ;o))


Dena Taylor
Posted: Thursday, April 11, 2013 4:37 AM
Joined: 10/04/2013
Posts: 3


rodsteel,

I have already started the filing and i have my biometrics appointment next week. I pray this process goes by really quickly, i wanna be at sea!!!!!!!! and be able to come back and forth on land ))

Thanks for your advice, its an eye opener, as you can see i wasn't sure if it was legal, good thing i asked!! I definately don't want to be on the wrong side of the law. 


Henning_1
Posted: Friday, April 12, 2013 6:07 PM
Joined: 01/06/2008
Posts: 1061


If you've already begun the process to obtain a Permanent Resident Visa (Green Card) it would be wisest to avoid any action that could be viewed as impropritous as it could screw the process for you. The reality is that yes you can dock walk and seek a position, what you cannot do is accept that position while in the US. You can go to the Bahamas and accept the position and then receive the B1/B2 or C1/D visa on your way in with a letter from the yacht, but I'm pretty sure that during your application process you are not allowed to leave the country so that leaves you in a bit of a Catch 22 situation. Best to have some patience. I suggest you dockwalk and develop your contacts, and if one of them calls you back, explain to them that you are mid process and you'll call them back when you have the visa completed.
Anonymous
Posted: Friday, April 12, 2013 6:57 PM

Hi Dena, Before you can start to work legally, you will need to wait for you working permit and social security card.

It can take months!!! However once you have obtained the permit to work, and if you still want to travel freely.

Forget it! for you will need a travel warrant to leave and re-enter the US, these warrants can take over 90 days to process.You can obtain a multiply entry warrant,but multiple means two, but don't quote me on that.And they don't come cheap  as for the same with the other application fees. Getting the green card is a long tiring process, one mistake and they can cancel your status, married or not. As for the green card, you can only be out of the country for no more than 6 months in a one year period.If you stay out of the country longer the INS can cancel your permament residency status, and this can be done by the stoke of a key pad by an INS agent having a bad day. My advice, first is do your home work online, there are plenty of sights that will  steer you through the legal maze of o the INS.

 


Anonymous
Posted: Friday, April 12, 2013 7:01 PM

Hi Dena, 

Had a similar situation 12 years ago. Used an attorney who made it clear that once you are married to a US Citizen your B1B2 is no longer valid. To leave then reenter the USA you will need a "letter of parole". Took him less than two weeks receive. The work authorization took I think a month?  As far as I can remember was a simple process and a quick visit to INS on Biscayne. This is so you work legally whilst the paperwork creeps it way thru the system which we all know can be slow.  

Be very careful of spending too much time out of the US thru the process, once you have the green card you still have restrictions on how much time you can spend out of country as well. Many have gotten away with breaking these rules but best to find out exactly what they are. 

Best of luck. 

Peter


Dolphin boy
Posted: Friday, April 12, 2013 7:40 PM
Joined: 21/02/2012
Posts: 3


To Dena,

Whilst every one is talking about the matter at hand and ignoring the most important part. Even if you were a Citizen most shipyards do not allow Dockwalking as you need to have Health Insurance when you are walking around.

This is to protect the shipyards in case you should trip and fall and break a leg that you dont land up suing them for neglect. I am a citizen and have been chased of Bahia Mar Marina numerous times.

Good luck,

 


Wolfie
Posted: Sunday, July 7, 2013 4:22 AM
Joined: 13/02/2010
Posts: 13


I  have just been through this.

1. Apply for a work permit, if you have applied for green card based on marriage there should be no problem in getting it. You can then apply for a social security number and of course legally seek work in the USA.

2. We submitted our forms in mid December 2012 and I had my green card by the first week of April 2013. This included a month delay whilst I waited for some paperwork from the UK to be complied and sent to me. I had a B1/B2 and we got married in the US after coming back with me as a visitor. We had intended to marry in the UK so I did enter genuinely as a visitor and not to get around the fiancee visa requirements but plans changed and we found a venue and a deal we just couldn't turn down.

3. Despite the worry and 'stress' involved we found it a simple process and 99% of our worries were unfounded and USCIS generally friendly and helpful. Just make sure you file everything they want and within the specified times. We did it all ourselves using their website and guides. My only slip up was not filing for the work permit with the initial application as I thought it was automatic - its not and delayed me working by a couple of months.

I am not an expert but feel free to email if you have any questions that I might be able to help with.

 

 


rodsteel
Posted: Monday, July 8, 2013 4:50 AM
Joined: 25/06/2009
Posts: 277


Wolfie,

 

Either the process has changed or you got VERRY lucky ;o)) - my situation was exactly the same except the wife had to return to her home country for processing to obtain entry visa for green card - one year two months from filing of I-130 ;o((

 

Enjoy,

 

Rod

 


Dena Taylor
Posted: Thursday, August 8, 2013 7:13 PM
Joined: 10/04/2013
Posts: 3


rodsteel      Henning 1

Thank you very much for your responses and advice, i waited patiently as you suggested, and i now have my permanent residency( greencard). Off i go to find jobs now.


rodsteel
Posted: Friday, August 9, 2013 2:15 AM
Joined: 25/06/2009
Posts: 277


Congratulations Dena!

 

Remember what Henning advised - if you happen to land a position on a yacht that does not enter US waters at least once every six months, you will need to either arrange to come back for a visit every five to six months or apply for a "re-entry permit" prior to leaving the US.

 

http://www.visalaw.com/06feb1/2feb106.html 

 

Cheers,

 

Rod

 


Henning_1
Posted: Wednesday, September 4, 2013 1:15 AM
Joined: 01/06/2008
Posts: 1061


Great, and good luck.
 
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