K-1 entry with 6059B form: visitor versus resident and duty

[birdman2010 0]

I've been reading other posts about this and have found different answers.

My fiancée is arriving at San Francisco airport. She'll have a laptop that I gave her (shipped from the US to her while she's been in China) and some clothes and books.

Some people have claimed that for the K-1 one should use the "residents" line on question 15 of 6059B.

Some people have said to leave question 15 blank.

Some people claimed we should use the visitors line on question 15.

On the back of 6059B there's places where you have to describe what you're declaring, on the back it says that duty will be assessed on the first $1000 above the exemption.

Today after reading various things on this & other sites, I thought about having her do the following:

Write $200 next to the visitors line.

On the back of the form where you describe the item details, put "laptop - $100, books - $20, clothes $70, shoes $10."

I also thought about just putting $100 on the visitors line, and not mentioning the laptop on the form.

Have you arrived at SFO (San Francisco airport) on a K-1 and what did you put on 6059B question 15 on the front, and the back?

Some people have theorized that because it's a K1 that we can use the residents line. But others have said use the visitors line. If we use the residents line there's a $1000 exemption. For visitors it's only $100, so putting $200 would go over the $100 exemption for visitors. I also thought about putting 0 on the visitors line and putting nothing on the back. So we need some help with this one.

Lastly & separately, what about bringing cooked peanuts in the shell? I told her about the fruit sniffing dogs, but I've mainly seen them at LAX so far.

Edited August 27, 2011 by birdman2010

[Ryan H 3,813]

Lastly & separately, what about bringing cooked peanuts in the shell? I told her about the fruit sniffing dogs, but I've mainly seen them at LAX so far.

Declare the peanuts on the form where it asks about food, if they are not allowed, they will simply be taken away.

[P & T 14]

Others will know better than I. I dont even know what a 6059 form is. So take this with a grain of salt. I think the line chosen is dependent on whether or not you are traveling with her. The POE descriptions I have read from others indicate that the USC may approach via the residents line with their fiance. (Probably a family courtesy extended to USC/LPRs who would understandably be submitting one form for their children/traveling partners as a family.) A fiance entering separately and alone is a visitor. The K-1 is solely a short term visa, nothing more. They would have no basis to join the residents line if traveling solo.

You might want to do a little reading up on declarations for the forms. You should remember that your personal effects are often not tallied in the count when most fill out the cards. Carry two large fully packed suitcases like I do when I travel and my clothing would exceed the financial limits. I obviously have always been returning to the US, but it never occurred to me that I nor the people I see standing in line should declare $25,000 in diamonds you're wearing, the $1000 Prada purse or the guys with the $2000 suits and Louis V shoes.... We did not buy them overseas and they are not being brought into the country for business vending reasons, etc.. The laptop was purchased here stateside and it is just a borrowed item that is returning 'home' to where it was purchased and paid for. So check on that. Also remember that the item no longer has the purchase price value after you have been wearing it/using it for an extended period of time. That is why you can buy expensive jeans at a yardsale for $2 bucks. LOL

[P & T 14]

And skip the peanuts. That is just stupid to bring anything that you think to be questionable. I dump anything with me that is wet, a meat or that sprouts. A baked item I will try to carry. Sounds like she'll be nervous enough. Why bring yourself any additional scrutiny?

[bigdog 376]

I've been reading other posts about this and have found different answers.

My fiancée is arriving at San Francisco airport. She'll have a laptop that I gave her (shipped from the US to her while she's been in China) and some clothes and books.

Some people have claimed that for the K-1 one should use the "residents" line on question 15 of 6059B.

Some people have said to leave question 15 blank.

Some people claimed we should use the visitors line on question 15.

On the back of 6059B there's places where you have to describe what you're declaring, on the back it says that duty will be assessed on the first $1000 above the exemption.

Today after reading various things on this & other sites, I thought about having her do the following:

Write $200 next to the visitors line.

On the back of the form where you describe the item details, put "laptop - $100, books - $20, clothes $70, shoes $10."

I also thought about just putting $100 on the visitors line, and not mentioning the laptop on the form.

Have you arrived at SFO (San Francisco airport) on a K-1 and what did you put on 6059B question 15 on the front, and the back?

Some people have theorized that because it's a K1 that we can use the residents line. But others have said use the visitors line. If we use the residents line there's a $1000 exemption. For visitors it's only $100, so putting $200 would go over the $100 exemption for visitors. I also thought about putting 0 on the visitors line and putting nothing on the back. So we need some help with this one.

Lastly & separately, what about bringing cooked peanuts in the shell? I told her about the fruit sniffing dogs, but I've mainly seen them at LAX so far.

[bigdog 376]

Visitor line, no fruit, nuts, meat, keep it simple, Remember the goal is to get into the us not rejected. Read up on declarations. My wife brought I pad with no problems, green tea.

[Darnell 8,478]

for k-1 visa holders, it doesn't matter which line to get in, at the poe.

the declaration form seems a bit crazy for intending immigrants (instead of tourists) but bear in mind

that MOST of what she's carrying in , is her personal belongings, most is not duti-able. (which is a good thing)

Rules are different from tourist to intending immigrant to immigrant.... Still must declare cash, regardless

If she gets hassled at customs inspection, tell her to remind the customs officer that she's an intending immigrant, not a tourist, is different rules for her than for the tourist.

Edited August 28, 2011 by Darnell

[Casprd 167]

for k-1 visa holders, it doesn't matter which line to get in, at the poe.

the declaration form seems a bit crazy for intending immigrants (instead of tourists) but bear in mind

that MOST of what she's carrying in , is her personal belongings, most is not duti-able. (which is a good thing)

Rules are different from tourist to intending immigrant to immigrant.... Still must declare cash, regardless

If she gets hassled at customs inspection, tell her to remind the customs officer that she's an intending immigrant, not a tourist, is different rules for her than for the tourist.

as a K-1 she is still technically a visitor so the vistor entry on the form is correct as she hasn't received any resident status yet. For the peanuts don't do it. It is just silly to bring any kind of food product in to the US. The things she is bringing with her are not dutiable items. Think of it this way, when you travel to China you don't "declare" your personal belongings

This document is from the cbp website and is a guide for returning residents and non resident/first time immigrants. http://www.google.com/url?sa=t&source=web&cd=4&ved=0CE8QFjAD&url=http%3A%2F%2Fwww.cbp.gov%2Flinkhandler%2Fcgov%2Fnewsroom%2Fpublications%2Ftravel%2Fmoving_goods.ctt%2Fmoving.doc&ei=4gBcTrz4JOmFsAKy1bSpDA&usg=AFQjCNG5bAMPFnooJZcael0doUlJ0ANZcA&sig2=ofkqIHleMK0BmzIT0ZK0Hg

[Casprd 167]

You can check this link as well. Bottom line is they are personal effects and are not declared on the form. She can always ask the CBP officer is she is unsure.

http://www.foreignborn.com/visas_imm/entering_us/3customsinfo-nonres.htm

[Patch97777 1]

What about bringing in food seasoning? Is that risky? Should that be claimed on the 6059B form?