K1 Honeymoon in US Virgin Islands - has anyone done it?

[kenneme 2]

Anybody actually done it, and could you tell us your experience?

I read the FAQ section (http://www.visajourney.com/faq/k1k2visa-enter.html#5.12) regarding honeymoooning in the the US Virgin Islands after entering the US on a K1 visa and getting married (but before getting advance parole). It seems like the answer should be fairly straight forward - either going to USVI is "departure from the US" or it is not - but the two answers under FAQs aren't fully conclusive. The way I read them is that it is "risky" but that according to the law, going from the mainland US to the USVI territory and back does NOT constitute departure from the US (even if you pass through customs on return) and therefore does not result in abandonmnet of the K1 process.

What then is the "risk"? That you "accidently" leave USVI territory (for example go to the British Virgin Islands) while you are there and thus depart the US? Or is there actually confusion on the law? Where could I check this - I've searched all over the UCSIC, State Department website and other places and can't find anything.

The only reason I'm asking is that my mom won a week vacation in the USVI and wants to give it to us for our honeymoon (very nice) but the week is unfortunately too close to the wedding to allow time for advanced parole.

[Krikit 1,163]

Moving this from the Embassy Discussion to the Travelling Prior to a Greencard forum. Here is a link to the Customs & Border Protection response on the US Virgin Islands. You may want to contact them directly. CBP FAQ - Clearing Customs When Travelling to US Insular Possessions

[kenneme 2]

Great - thank you! (Sorry for posting in the wrong forum, didn't realize it!) Thanks for the link also, it only talks about customs (what you can bring back to mainland) but maybe that is a default way of saying it DOES count as a departure/reentry. I'll try contacting them.

Edited July 28, 2009 by kenneme

[TBoneTX 43,123]

You may be well-served to get the name, location, and badge number of any CBP agent who tells you that it's OK. This is in case it's NOT OK or if there turns out to be a difference in opinions.

[thepizzadude 26]

https://help.cbp.gov/cgi-bin/customs.cfg/ph...XJnaW4gaXNsYW5k

Question

Will travelers from U.S. territories need to present a passport to enter the United States?

Answer

No. These territories are a part of the United States. U.S. citizens and Legal Permanent Residents (LPR's) returning directly from a U.S. territory are not considered to have left the U.S. territory and do not need to present a passport. U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands.

Also, since Hawaii is a U.S. state, passport documentation requirements do not apply.

This is the part that would have me concerned

Edited July 28, 2009 by thepizzadude

[kenneme 2]

Good tip TBone.

Thank you much Pizzadude, that was very helpful.

I found this also: http://www.usvi.net/us-ins/html/travel_back....html Combined with the answer you found, that would seem to clarify that USVI is part of the US but that there is a passport control to fly back to mainland US, where the K1 visa holder shows their passport, K1 and white I-94.

[Anh map 2,098]

Good tip TBone.

Thank you much Pizzadude, that was very helpful.

I found this also: http://www.usvi.net/us-ins/html/travel_back....html Combined with the answer you found, that would seem to clarify that USVI is part of the US but that there is a passport control to fly back to mainland US, where the K1 visa holder shows their passport, K1 and white I-94.

K1 is single use, so it would not be valid if already used to enter the US.

[Chica Yeyé 41]

Like brother Ahn Map said: a K-1 visa expires upon entry. So no, you cannot visit the US Virgin Islands until you get the Advanced Parole.

[TBoneTX 43,123]

It's probably worth a call to CBP anyway, simply to hear their exact words, which you can post here for everyone's benefit. CBP sincerely appreciates calls from folks who are concerned about doing things right -- I've always been treated well when I've had questions. Find a local office (or pick a "port," for example in Texas) rather than calling Headquarters, and chances are you'll get right to someone helpful.

[kenneme 2]

Like brother Ahn Map said: a K-1 visa expires upon entry. So no, you cannot visit the US Virgin Islands until you get the Advanced Parole.

You're right that the K1 is single entry, but actually you can go to USVI without AP because there is no "departure/entry" for the USVI, which are part of the US.

[kenneme 2]

TBone - took your advice and contacted CBP. Here is their exact response (to my question):

Customer07/29/2009 08:21 AM

For non-citizens/non-LPRs traveling to US posessions: Can a K1 visa holder travel to the US Virgin Islands and return to the US mainland without advanced parole? The K1 is a single entry visa, so the real question is: does travel to the US Virgin Islands count as a "departure" from the US and then a "reentry" upon return or not?

Response (Nicole)07/29/2009 11:25 AM Not for immigration purposes. The K1 visa holder would still go through Customs clearance but that is just for goods entering the mainland U.S. The K1 visa holder needs to fly directly to the US Virgin Islands and can not go anywhere else. No day trips to the British Virgin Islands, do not go on a boat that takes you outside the territorial waters of the United States. If you want to these things you will need to obtain the Advance Parole.

Thank you for contacting Customs and Border Protection's Customer Service Center.

[kenneme 2]

In conclusion:

K1 visa holders who have entered the US on their K1 visa can travel to the US Virgin Islands without advanced parole as long as they fly directly to the USVI and do not visit any non-US territory while there (i.e. you cannot take a boat into international waters or visit the British Virgin Islands).

The reason: The US Virgin Islands are part of the US: going there does not constitute "departing" the US and returning to the mainland does not count as "entering" the US.

Source of confusion: Given the location of the USVI, travelers to the mainland US from the USVI do go through customs and will have their status in the US checked to verify that they are legally in US territory (the K1 visa holder shows their passport, their 194 and their visa). But upon arriving back to the mainland they are not "entering the US", they are simply going between two US territories. Think of it like a flight from New York to South Dakota, just with tighter customs and ID checks. It is still true that if, after entering on a K1, you depart the US you need to apply for advanced parole first or you abandon the immigration process by default upon exit and will not be allowed to reenter. The point of clarificaiton is that going to the USVI is not departing the US, and therefore coming back to the mainland does not violate the "single entry" K1 visa.

I'd still love to hear from anyone who had done it though, if anyone has?

Edited July 30, 2009 by kenneme

[vespa rossa 0]

Am so glad someone asked this. My fiance is entering the US with a K-1 on 10/16, wedding at the end of the year, and then hoping to do our honeymoon in the USVI. I figured from the laws that it was totally okay (which is now supported by Kenneme's call to CBP, thanks for doing that!), but would love to know if anyone has managed to actually do this with no problems...

[Anh map 2,098]

In conclusion:

K1 visa holders who have entered the US on their K1 visa can travel to the US Virgin Islands without advanced parole as long as they fly directly to the USVI and do not visit any non-US territory while there (i.e. you cannot take a boat into international waters or visit the British Virgin Islands).

The reason: The US Virgin Islands are part of the US: going there does not constitute "departing" the US and returning to the mainland does not count as "entering" the US.

Source of confusion: Given the location of the USVI, travelers to the mainland US from the USVI do go through customs and will have their status in the US checked to verify that they are legally in US territory (the K1 visa holder shows their passport, their 194 and their visa). But upon arriving back to the mainland they are not "entering the US", they are simply going between two US territories. Think of it like a flight from New York to South Dakota, just with tighter customs and ID checks. It is still true that if, after entering on a K1, you depart the US you need to apply for advanced parole first or you abandon the immigration process by default upon exit and will not be allowed to reenter. The point of clarificaiton is that going to the USVI is not departing the US, and therefore coming back to the mainland does not violate the "single entry" K1 visa.

I'd still love to hear from anyone who had done it though, if anyone has?

Sounds like you are all clear for a fun (free!) week in the USVI.

Good info from CBP and brother TBone

[Chica Yeyé 41]

Like brother Ahn Map said: a K-1 visa expires upon entry. So no, you cannot visit the US Virgin Islands until you get the Advanced Parole.

You're right that the K1 is single entry, but actually you can go to USVI without AP because there is no "departure/entry" for the USVI, which are part of the US.

I stand corrected. thanks for the info