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Old 30-01-2022, 17:40   #16
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Re: US non immigrant visa embassy advise

I would suggest that you apply for a crew visa.
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Old 30-01-2022, 21:00   #17
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Re: US non immigrant visa embassy advise

Embassies are usually in the capitol city of most countries. That would be Washington DC for the us, not Florida. Many countries have consular offices in other large cities in any given country. For example, many Pacific Asian countries have embassies in Washington DC and consular offices in Honolulu, San Francisco or Seattle. Consular offices can usually do everything for the traveler that an embassy can do.
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Old 30-01-2022, 21:19   #18
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Re: US non immigrant visa embassy advise

I can confirm that when you are on your own sailboat, in the Bahamas, you can schedule an interview at the US Embassy in Nassau for a 10 year US visa.

We did this last May and scheduled the appointment after making the payment while website said embassy closed due to Covid. Just do the payment and make the appointment.

This process asks questions incl. if you are in the Bahamas. If you answer No then you can’t make an appointment. It’s not rocket science.

Also, when this appointment is 70 days out, you can simply try to reschedule your appointment daily. I would try late at night, just after midnight etc. Every time someone cancels their appointment, a new slot becomes available for rescheduling. We had a neighbor in a marina in Nassau who saw his appointment move from 4 months out to 1 week.

For all who say you have to apply at the embassy in your country of residence: yes, for landlubbers. For sailors it is completely acceptable to apply in the countries from where you plan to sail to the US. We also got a 10 year US visa in Panama.
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Old 31-01-2022, 02:47   #19
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Re: US non immigrant visa embassy advise

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I would suggest that you apply for a crew visa.


Not for a private yacht
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Old 31-01-2022, 11:42   #20
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Re: US non immigrant visa embassy advise

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Originally Posted by jmschmidt View Post
Embassies are usually in the capitol city of most countries. That would be Washington DC for the us, not Florida. Many countries have consular offices in other large cities in any given country. For example, many Pacific Asian countries have embassies in Washington DC and consular offices in Honolulu, San Francisco or Seattle. Consular offices can usually do everything for the traveler that an embassy can do.
The OP are New Zealanders, they are applying for B1/B2 category of visa to enter the USA which one obtains at either the US Embassy in Wellington, New Zealand, [the capital of N.Z. located on the north island] or at the US Consulate General's office in Auckland, N.Z. on the south island.

The issue is that they did not obtain a B1 B2 visa from the U.S. BEFORE leaving New Zealand and entered the USA under an ESTA approval which is only allowable if arriving by commercial carrier [an accredited and registered commercial airline, or a cruise ship line]. The general procedural rule for processing visa requests and interview appointments is that one is required to apply for a B1 B2 visa at a US Embassy or Consulate with proper jurisdiction as to being located in the country the non-immigrants are either permanent residents of, or of the country of their nationality. The point being that those are the place where the non-immigrant can prove that they have ties that will assure that they will return to those countries before the visa expires. That means they likely will need to return to N.Z. and await the opportunity to obtain an appointment to meet with a US visa request processing officer in Auckland or Wellington, however long that may take. Returning to New Zealand is made more complicated because there is a lengthy and expensive Covid quarantine required in Australia before flying into New Zealand in order to safeguard the wonderful country from community spread of the virus. I welcome the day when I and my family can again return to New Zealand; I fell in love with the country and the people during our vacation five years ago and desire to charter a sailboat to explore the Marlborough Sound for a couple of weeks.

Of added complexity is that with Covid, most all non-emergency visa processing has been shut down for the entirety of the pandemic. Almost no one is receiving routine visas because no one is permitted to enter the offices for interviews. Recreational boating is a non-essential purpose for entry to the USA, definitely not rising to an emergency matter as to the need for processing visa requests.

By way of example, New Zealand's Embassy to the USA is located in Washington, District of Columbia and N.Z.'s only Consular office is located in Santa Monica, California, but neither of those offices or personnel get involved with or issue visas granted to enter the USA. Those N.Z. offices are the only places where an American citizen or permanent resident of the USA would go to request an extended stay visa to enter New Zealand.

The OP can come and go from the USA utilizing the ESTA but only by common carrier [major airline] and they risk having a US Border Patrol officer deny reentry if the officer perceives that they are not visiting the USA for allowable tourism or business purpose but instead are opting to live in the USA. The ESTA is not a visa, it is an approval to board a commercial flight [or a cruise ship] to enter the USA, upon which time a visa may or may not be granted when they approach to be cleared by immigration / customs.

An ESTA approval provides for up to a 90 day period of visitation for tourism or business purposes, then the non-immigrant must leave the USA by commercial carrier [airline or cruise ship]. They cannot discharge the visa by departing on their recently purchase private vessel. They have to exit the USA by the commercial carrier route because they do not have a B1 B2 category visa and reenter by commercial carrier. They can voyage on their vessel if they stay in USA waters and if they properly clear customs and immigration before departing a US port or entering a US port.

If they overstay the ESTA 90 day period, they face fines and penalties and can lose the ability to ever be allowed to reenter the USA, in which case they would not have access to their vessel in Florida which purchase and use was their reason to enter the USA. Their 90 day period of granted allowed time ends in late March so they will need to make plans to depart the USA and will likely need to plan to stay out of the USA for a reasonable period of time so as to not trigger suspicion by the Border Patrol agent that they are reentering the USA with intent to live here [even temporarily] and not reentering for continued or new tourism or business purposes. They are walking a fine and narrow line as to what their purpose for being in the USA is. A line of which determination upon which side they are located is at the discretion of a Border Patrol agent to decide. Upon arrival, an agent could grant an ESTA reentry visa or deny a reentry visa in which case they will need to fly out of the country.

Failure to obtain the proper visa category has major consequences and they are fast approaching their Visa Waiver Program permitted length of stay end date when the consequences will arise. Procedurally, with the need for social distancing to protect staff, this is a very difficult time to obtain compliance with immigration procedures. No joy and no easy way to resolve this situation.

Their vessel does not need a visa to remain in the USA, but the owners do. The non-immigrant owners may be caused to be kept apart from their newly purchased vessel which vessel can become subject to State and Local taxations [e.g., use taxation] and regulations [registration]. They will need to be sure to sort out all of the required State regulations for having the vessel having as its principal place of use within a State of the USA before they depart the USA, and also as to a motorized dinghy which will also need to be registered with the State of Florida After assuring having correctly resolved all the requisite State law requirements, their boat can be placed in storage, until they can sort out their grant of proper visas. They should be promptly making plans for their vessel's safe storage and maintenance because they will need to depart the USA and will become absentee owners. Failure to properly resolve the State laws and regulations as to sales / use taxation and registration could become a very onerous and expensive issue. Those Ducks need to be placed in a row.

Their ESTA entry purpose of arriving to purchase a vessel in the USA is a valid purpose. However, their remaining in the USA for an extended period of time under an ESTA is questionable, bordering on dubious, and the ESTA does not allow them freedom of travel out of and into the USA by private vessel; they can only depart and reenter the USA by commercial carrier. That is simply the facts of their circumstances. They arrived without having obtained the B1/B2 category of visa and now face the constraints and limitations of their chosen method of entry to the USA.

They should pursue obtaining a Cruising License from the US Customs and Border Patrol so as to ease their ability to move their boat from US port to US port. That is yet another subject matter, separate from their visa status.

Adding to their difficulty is that 2022, is starting out to be 2020, too.

Wish I could suggest a simple procedural process for resolution of their non-immigration status, but unfortunately there isn't one when it comes to immigration regulations one has to dot the i's and cross the t's, and not get sideways with the laws.

I hope they will find great enjoyment with their new vessel and voyages in future years.
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Old 31-01-2022, 12:15   #21
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Re: US non immigrant visa embassy advise

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Originally Posted by Clearwater1 View Post
Hey I posted on here previously with our challenges regarding trying to get a B1/2 visa for the US we purchased a boat here and are presently living onboard for a few years. In Florida Gulf Coast at the moment



We were given some good advise as we couldn't use our own US Embassy in New Zealand as it was closed.



So we applied to Nassau in the Bahamas we were going to sail over from Florida and all was going well until they have now said that there are no more appointments available! Plus have no time frame they can give us. Different to the info provided on the web site and when we first enquired.



We will still be heading that way soon because our ESTA visa for the US is only valid for 3 months. Exp end of March.



Would anybody have any recent experience of other Embassy in the Caribbean or close by who they have used recently.



It really puts us in a predicament.



Thanks



Rich and Odette


The reality of the situation is you will need to leave the boat and go home and wait until you can get an appointment in NZ.
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Old 31-01-2022, 17:07   #22
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Re: US non immigrant visa embassy advise

FYI:

The wait time for an appointment in Panama City, Panama is 385 days, so March 2023.

As to B1 B2 visa request processing, be advised it is not only a matter of the long wait time to obtain an interview, there can also be a lengthy amount of time required for the administrative processing of the approval or denial of a visa after the interview appointment.


Copied from the Travel.State.gov website regarding Visa Appointment Wait Times:

Visa Appointment Wait Times

Advance travel planning and early visa application are important. If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, . . .

Important Notice: Except in cases of emergency travel (i.e. serious illnesses, injuries, or deaths in your immediate family), before making inquiries about status of administrative visa request processing, applicants should wait at least 180 days from the date of interview or the submission of supplemental documents, whichever is later.

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Old 31-01-2022, 17:35   #23
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Re: US non immigrant visa embassy advise

Information regarding the B2 tourism category of a US visa:

The length of stay granted with a B2 visa is Up To Six months [could be shorter, at the discretion of the issuing officer]. That is called the Expiry Date. If you wish to stay longer than one needs to pursue an extended stay visa.

The validity of a B1 / B2 visa is typically issued for 10 years.

Validity and Expiry are different time periods. Expiry relates to the length of time allowed for the specific purpose of the visitation and that is not longer than 6 months.



What Is a B2 Visa?

The B2 visa (also referred to as a tourist visa) allows you to get into the U.S. for pleasure purposes, tourism, or medical treatment. You may see the U.S. famous sights, as well as create new contacts that you may use back home.

A holder of a U.S. tourist visa may engage in the following activities while in the United States:

Go on a holiday in the United States
Visit your friends and family that are residing in the U.S.
Tour different cities and attractions of the United States
Visit the U.S. in order to receive medical treatment
Participate in contests and/or events that are related to sports or music, but for which you won’t be paid
Take part in social events held by different organizations
Enroll in short-term courses for which you won’t be receiving any credit (for example, a cooking class)

If you do not find yourself in any of the above-mentioned categories, then you might not be able to get a B2 visa.

Who Is Eligible for a B2 Visa?

For you to be allowed in the U.S. under the B2 visa, you will need to meet the following criteria that make you eligible:

Your intention for visiting the U.S. is in compliance with the purposes of the visit allowed by the B2 visa.
Your financial means are high enough to cover your entire stay in the United States.
You have the intention of returning to your own country and have no intention of staying permanently or for a longer time than the expiry period of the entry visa.

If you meet the criteria above, then you should be eligible for obtaining a B2 visa.


B2 Visa Processing Time

In ordinary, non-pandemic times, the processing time will depend on person to person. For some, it will only take a few weeks – whereas for others it might take up to a few months. It will all depend on the workload at your U.S. Embassy.

B2 Visa Extension

If you wish to stay for longer, you might go for an extension to your visa that will give you up to an additional 6 months. The documents required will be the same as for your visa application (passport, statement behind the extension, evidence of financial support, etc.), as well as a completed Form I-539 and a photocopy of the I-94 card.

Differences between B1 and B2 Visa

Both B1 and B2 visas are generally used as a joint “B1/B2 Visitor’s Visa,” as many people tend to mix business with pleasure (e.g. a business meeting that gives you time to visit the surroundings).

Still, the main difference between the two is that while the B1 visa is used for business purposes, the B2 visa is used for pleasure. You use the B1 visa to attend a business conference in the U.S., for example, whereas the B2 visa is used when you want to spend a holiday at a friend – or anything else that says “leisure.”

The period for which your B visa will be valid will depend on the facts of your application. Usually, the B1/B2 visa is valid for 10 to 15 years.

If you’ve already received your B1/B2 visa, you can check the dates printed on your visa. Make sure what the validity period is and when your visa will expire.

Is There a Maximum Number of Trips You Can Make on a B Visa?

If you have a B1/B2 visa, you can visit the United States whenever you want to – as long as your passport is valid. The B visa is a multiple entry visa, which means you can use it to enter the United States more than once.

There is no limit on the number of times you can enter the U.S. on your B visa, as long as you keep the information we discuss below in mind.

How Long Can You Stay in the U.S. on a Visitor Visa?

Because the B1/B2 visa is intended for short visits to the United States, you have to be mindful of how long you stay. You don’t want to overstay your welcome.

Every time you want to enter the U.S., the immigration officer at the port of entry (like the airport) will do a short interview (known as an immigration inspection) to establish the purpose of your visit to the United States. The immigration officer will then approve your stay for a specific period, based on the purpose of your visit.

6-Month B Visas
Usually, the period granted is for about 6 months. It could vary depending on the purpose of your visit, though.

The date you are required to leave the United States will be stamped on your passport or on your Form I-94 (Arrival/Departure Record). You have to leave the United States on or before this date. Otherwise, you could get yourself into trouble.

How Soon Can You Visit the U.S. Again on a B Visa?

Technically you can visit the United States whenever you want to if you have a B1/B2 visa and a valid passport. There aren’t any rules or laws requiring you to wait a specific time before you are allowed to return.

What you must remember is staying the maximum time during your previous visit and then wanting to return soon after that might raise suspicion with the immigration officer. The immigration officer will check all the dates of your last visits during the short interview before you enter the U.S. The B1/B2 visa’s purpose is to only travel to the U.S. for business or pleasure for short periods. It isn’t intended for extended stays in the U.S. If you are returning quite soon after your initial visit, the immigration officer might suspect you are visiting the U.S. for purposes other than business or pleasure.

The immigration officer will ask you for the purpose of your visit every time before you enter. If they aren’t happy with the reasons you provide, they can immediately send you back to your home country.


Having a Valid issued B1 B2 visa does not mean that a short stay non-immigrant, visitor entry visa will be issued, it just means that you have been processed and approved to request a business or tourism visa at the time of your entry to the USA. The immigration officer that is processing the issuance of the entry permit determines if a visa is issued and for how long it will be valid before expiry. Think of the B1 B2 visa as a pre-check for validity and approval for entry not the final check for validity and approval at each time you enter.
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Old 01-02-2022, 03:27   #24
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Re: US non immigrant visa embassy advise

Quote:
Having a Valid issued B1 B2 visa does not mean that a short stay non-immigrant, visitor entry visa will be issued, it just means that you have been processed and approved to request a business or tourism visa at the time of your entry to the USA. The immigration officer that is processing the issuance of the entry permit determines if a visa is issued and for how long it will be valid before expiry. Think of the B1 B2 visa as a pre-check for validity and approval for entry not the final check for validity and approval at each time you enter.


A B1/B2 visa is a visa. Unless the immigration officer has a valid reason to deny , you will be granted entry. Immigration officers always have the last word irrespective of a visa carried. B1 etc is not a “ pre check “

The same process is in place for visa wavier schemes , again the immigration officer has the final say . This is true almost everywhere around the world.

It is a bit silly that the wavier programme isn’t extended to boats but yacht or private aircraft
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Old 03-02-2022, 10:45   #25
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Re: US non immigrant visa embassy advise

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Originally Posted by goboatingnow View Post
A B1/B2 visa is a visa. Unless the immigration officer has a valid reason to deny , you will be granted entry. Immigration officers always have the last word irrespective of a visa carried. B1 etc is not a “ pre check “

The same process is in place for visa wavier schemes , again the immigration officer has the final say . This is true almost everywhere around the world.

It is a bit silly that the wavier programme isn’t extended to boats but yacht or private aircraft
Correct.

The key to recognize is that while the validity of a B1 / B2 visa may be long term, [can range from as little as one month or up to 10 years, have seen some up to 15 years], the validity of the visa does not change the fact that it is only a short stay visa [the expiry dating], of up to 90 days duration. It is not issued with the intention to provide for extensions of a series of short stays, for example, staying 2 1/2 months, leaving for a couple of weeks and returning again for another 2 1/2 months. The purpose is tourism or business, not de facto migration to the USA.

Similarly, as to the ESTA, 90 day duration short stay.

The distinction is that ESTA provides for pre-arrival screening by utilization of the commercial carrier's input before departure to the USA, whereas B1/B2 does not have the strength of engagement of the commercial carrier's data input and screening before arrival.

Both the ESTA and the B1/B2 visa programs are rather similar to the Schengen non-immigrant visa program limiting to no more than 90 days in any rolling 180 day period. It is just that the USA has not codified the near term allowance of up to an additional 90 day second stage of visitation and just leaves such up to the sole discretion of the border patrol agent at the time of entry whereas the Schengen / EU has a very explicitly defined period of time before allowing a return short stay which takes out all uncertainty and resolves the need for discretionary approval or denials. Schengen has a hard clock and a rolling 180 days of tolling of the clock. The USA's immigration policies and practices being not as well defined or administered, always a shambles of political Shenanigans [pun intended].

Anyway, 90 days is 90 days, enjoy them and then depart, or pursue a long stay visa or immigrant status. The ESTA requires arrival and departure by commercial carrier which does not avail the voyaging of a private vessel from or back to a port of the USA.

But, tourists and business visitors need to attend to any and all issues regarding their vessel that will remain in the USA, such as storage, maintenance, insurance, State registration / taxation, and also Federal Cruising Licenses. Lots of issues to resolve in a short period of time in Yankeeland.

Wishing a happy and healthy New Year.
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