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TinaJeremy

Does Getting Married on the US Virgin Islands Count as Leaving the Country?

By TinaJeremy in Working & Traveling During US Immigration

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TinaJeremy Rookie

TinaJeremy   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

Hi Everyone,

I am a Canadian current in the US as a tourist. Prior to the last entry as a tourist, I was living in the US under an H1B, and had planned on moving back to Canada. During this visit to get ready to move, my US boyfriend proposed. From reading other threads here, I've learned that it's best to remain in the US, get married, file for AOS and AP. Since, leaving the country would mean that we need to file for K1 and remain separate for many months.

We plan to get married in 3 months and had very much wanted a beach wedding in the Caribbean.

My questions are:

1. Given that I cannot leave the US and my tourist status, can we go and get married in the US Virgin Islands or Puerto Rico? Will this be treated as if we got married in any US mainland cities?

2. I've heard that USVI is considered a port of entry and one will need to go through immigration when coming back to the US mainland. Does going through this POE count as "entering the country"? Since I wouldn't want to enter into the country after we just got married without the proper visas.

Has anyone actually done this? Or have been through immigration at USVI? If so, do they actually stamp your passport when entering through the USVI?

We realize that Hawaii is an more prudent option since it is a US state, but we really would like to find out about USVI and Puerto Rico before crossing these options out.

Thank you in advanced for your help! Or any light you can shed on the matter.

Edited by TheLoft

10-26-2008 Last entry (tourist)

11-17-2008 Engaged

01-11-2009 Married

01-23-2009 Package sent via USPS priority (I-130, I-485, AP/I-131, EAD/I-765)

01-26-2009 Package delivered000

02-04-2009 Check cashed (I-485, AP, EAD)

02-05-2009 NOA1 received in mail

02-11-2009 Biometrics appointment letter received (sent 02/09/2009)

03-05-2009 Biometrics appointment

04-06-2009 Travel authorization (AP) received (approved on 03/30/2009)

04-09-2009 EAD card received (issued on 03/30/2009, sent on 04/06)

04-21-2009 NOA interview date 06/25 (issued 04/15). Conflict with religious trip.

04-22-2009 Reschedule 1: Called to request for interview reschedule.

04-25-2009 Reschedule 1: Letter received that request was forwarded to local office.

05-01-2009 Reschedule 1: NOA confirm interview cancellation (notice date 04-27)

07-09-2009 NOA for rescheduled Interview date 08/19. Need to reschedule interview again (reason: out of country).

07-13-2009 Reschedule 2: Infopass appointment requesting interview reschedule.

07-17-2009 Reschedule 2: NOA confirm interview cancellation

07-24-2009 NOA for rescheduled interview on 09/03

09-03-2009 Interview in Seattle. Approved. Temp green card stamp in passport.

09-16-2009 Green card received in the mail!

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  • 4 weeks later...
Tankgurl38 Enthusiast

Tankgurl38   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Weird that no body answered this question...I am also interested to know the answer for this.

Anyone know?

ROC

Sept 9/11 - Sent I-751 Package in Mail

Sept 12/11 - Package received at CSC

Sept 15/11 - Cheque cashed

Sept 16/11 - Receive NOA for I-751

Sept 19/11 - Receive Biometrics Appointment Letter dated 9/15/2011

Oct 7/11 - Biometrics Appointment

Dec 2/11 - Greencard production ordered

Dec 3/11 - received email from USCIS advising card production

*******************************************

AOS

Aug 6/09 - Sent AOS, EAD, AP Package in mail

Aug 8/09 - Packaged received in Chicago

Aug 13/09 - Cheque cashed

Aug 17/09 - Receive NOA for I-485, I-765 and I-131

Aug 21/09 - Receive Notice for Biometrics Appt

Aug 24/09 - RFE Sent in Mail

Aug 29/09 - RFE recieved

Sept 3/09 - Mail back RFE package

Sept 5/09 - RFE package received

Sept 10/09 - I-485 case resumed

Sept 10/09 - Address changed on I-485, I-765 and I-131

Sept 15/09 - Biometrics Appt

Sept 28/09 - AP Approved, EAD Card Production Ordered Email #1

Oct 1/09 - Received AP Hardcopy in Mail, EAD Card Production Ordered Email #2

Oct 5/09 - Received EAD Card

Oct 29/09 - Received Interview Letter

Dec 2/09 - Interview --APPROVED!!!!

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Fuzzymiss Contributor

Fuzzymiss   2

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
Weird that no body answered this question...I am also interested to know the answer for this.

Anyone know?

A friend of mine went on her honeymoon there too as she was pending AOS and couldn't leave the US. She didn't have any problems coming back, it is still part of the US as far as I can figure.

Applying for Citizenship

17th January 2012 Sent in N-400 application

24th January 2012 Received conformation e-mail from USCIS

25th January 2012 Cheque cashed

13th February 2012 Biometrics appointment

5th March 2012 Received e-mail I am in line for interview scheduling

8th March 2012 Received letter for interview

12th April 2012 Interview date-approved

10th May 2012 Oath ceremony

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Aubrey Rising Star

Aubrey   10

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted

If you have to come through a POE, and your intent of re-entering the country is to stay... seems to me that'd be fraud. If it were me, I wouldn't risk it.

K-1 Timeline

05/14/08 Engaged on my last day while visiting Bremen

07/03 Mailed 129f package

07/24 NOA1

12/05 NOA2

12/27 Packet 3 received

01/19/09 Medical in Hamburg

03/24 Successful interview at Frankfurt

03/31 Visa received

07/09 POE Salt Lake City

AOS/EAD/AP Timeline

08/22/09 Mailed package

08/28 NOA1

10/28 Biometrics completed; EAD card production ordered

11/07 EAD arrived

12/14 Successful AOS interview in Seattle

12/28/09 Greencard arrived

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LorriQ Collaborator

LorriQ   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

I've wondered this as well. Seems to me to be a question for Customs and Border Patrol, I've called them before regarding another question and they were really helpful over the phone. Got their number off the web site. Or maybe call a travel agent - it's their job to know the answer to that!

Timeline:

3/11/08 I 129 F filed

3/20/08 NOA1

6/20/08 NOA2

7/05/08 Packet 3

12/22/08 Interview

12/29/08 Visa Delivered

1/26/08 POE

3/20/08 Wedding

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elikhom Contributor

elikhom   7

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted (edited)

I got married in the USVI (St Thomas) last month and stayed there for 2 weeks.

My current status is H1B, although I never went back to my home country to do all the paperwork at the US embassy, so the only things I have are my expired student visa in my passport (it expired around June 2008) and my new I-94 that has a tiny print that says I'm an H1B and it expires in in a couple years.

Going there nobody asked me anything, I got in the plane using my IL driver's license BUT when you come back there are plenty of security checkpoints you need to pass, I was a little worried about this but it went well. At least I think this is not a dream and I'm back in Chicago :thumbs:

I had some minor problems when talking to the US Customs guy at the St Thomas airport, I gave him all my documents and he went straight to the passport, and started looking for my latest Visa, he found my student visa that was expired and asked me if I had an H1B one, I told them that I didn't since I haven't gone back to my country since 2004 when I was still a student, he grabbed my I-94 and started looking for me in the computer and I guess he found me because he was letting me go but he wanted to retain my I-94!!! I almost had a heart attack. After I told him a couple times that I needed the I-94 that was the only proof I had of work authorization he gave it back to me, and I left.

My advise would be that if you have a current Visa (tourist, student, H1B) in your passport go ahead and travel to the USVI, no problems at all. If you, like in my case, have some not-so-straightforward documentation that support your stay in the US I wouldn't risk it again.

Edited by elikhom
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