Visiting vs Emigrating

[LauraCz 7]

Hi,

I'm currently filling out my CBP 3299 on a K1 and was wondering as a non-resident if I should check 'visiting' or 'emigrating' to the US?

Thank you very much!

[bcking 3,157]

On 4/26/2017 at 11:32 AM, LauraCz said:

Hi,

I'm currently filling out my CBP 3299 on a K1 and was wondering as a non-resident if I should check 'visiting' or 'emigrating' to the US?

Thank you very much!

I'm not sure for the K-1, my wife put emigrating but has a CR-1.

 

My guess would be emigrating though. Your intend with the K-1 is to adjust status. You aren't intending to ship those goods just for a "visit", so I think it is more honest to put that you are emigrating to the US.

[LauraCz 7]

2 hours ago, bcking said:

I'm not sure for the K-1, my wife put emigrating but has a CR-1.

 

My guess would be emigrating though. Your intend with the K-1 is to adjust status. You aren't intending to ship those goods just for a "visit", so I think it is more honest to put that you are emigrating to the US.

Ah well, I put visiting because even though my intention is to adjust status, the K1 is a non-immigrant visa with a time limit. I agree with you though, I initially wanted to put emigrating because that seems more accurate. It's not terribly transparent :/

[bcking 3,157]

Just now, LauraCz said:

Ah well, I put visiting because even though my intention is to adjust status, the K1 is a non-immigrant visa with a time limit. I agree with you though, I initially wanted to put emigrating because that seems more accurate. It's not terribly transparent :/

Not at all. She really didn't like those forms. SHe used a company "middle man" that arranges all the shipping so they helped her. 

 

I agree with you that technically K-1 is a "non-immigrant visa", which makes it less clear. Maybe/Hopefully someone else here will have experience with the K-1.

[yuna628 9,676]

When you immigrate you bring your stuff duty free. When you visit it can be subject to a limit and fees. So for this form don't think too deeply on the question of what you can do with a K1 - it's asking what do you intend to do. Are you intending to take up residence in the USA (which the K1 allows you to do with adjustment)? If yes, then it's certainly not visiting. The CBP instructions for this form are pretty clear on how they define a visitor vs emigration. https://help.cbp.gov/app/answers/detail/a_id/1467/~/instructions-for-cbp-form-3299---declaration-for-free-entry-of-unaccompanied

[bcking 3,157]

7 minutes ago, yuna628 said:

When you immigrate you bring your stuff duty free. When you visit it can be subject to a limit and fees. So for this form don't think too deeply on the question of what you can do with a K1 - it's asking what do you intend to do. Are you intending to take up residence in the USA (which the K1 allows you to do with adjustment)? If yes, then it's certainly not visiting. The CBP instructions for this form are pretty clear on how they define a visitor vs emigration. https://help.cbp.gov/app/answers/detail/a_id/1467/~/instructions-for-cbp-form-3299---declaration-for-free-entry-of-unaccompanied

While I agree with you that most likely you should fill out the form based on INTENT, I disagree with you that the instructions are "pretty clear".

 

The section on visitor from that link reads:

 

. Emigrating to the U.S.: First time immigrants

b. Visiting the U.S.: Temporary visitors/non-immigrants - i.e.: students, TNs, and part time residents such as snowbirds.

 

As the OP stated, the K-1 visa is not an immigrant visa. That link doesn't even discuss which visas would count under immigrants vs. visitors.

[yuna628 9,676]

7 minutes ago, bcking said:

While I agree with you that most likely you should fill out the form based on INTENT, I disagree with you that the instructions are "pretty clear".

 

The section on visitor from that link reads:

 

. Emigrating to the U.S.: First time immigrants

b. Visiting the U.S.: Temporary visitors/non-immigrants - i.e.: students, TNs, and part time residents such as snowbirds.

 

As the OP stated, the K-1 visa is not an immigrant visa. That link doesn't even discuss which visas would count under immigrants vs. visitors.

It is an technical non-immigrant visa that allows for legal immigrant intent, therefore it's kind of like a dual purpose visa.  But the fact that the link doesn't discuss which visas would count means that since they aren't going to specify, it all relates to what the person intends to do. When it discusses visitors it does refer to students/TNs/snowbirds which I think is specific enough with definition. That's just how I look at it.

[bcking 3,157]

1 minute ago, yuna628 said:

It is an technical non-immigrant visa that allows for legal immigrant intent, therefore it's kind of like a dual purpose visa.  But the fact that the link doesn't discuss which visas would count means that since they aren't going to specify, it all relates to what the person intends to do. When it discusses visitors it does refer to students/TNs/snowbirds which I think is specific enough with definition. That's just how I look at it.

I will say I love that it listed "Snowbird" as an example....

[LauraCz 7]

14 minutes ago, yuna628 said:

When you immigrate you bring your stuff duty free. When you visit it can be subject to a limit and fees. So for this form don't think too deeply on the question of what you can do with a K1 - it's asking what do you intend to do. Are you intending to take up residence in the USA (which the K1 allows you to do with adjustment)? If yes, then it's certainly not visiting. The CBP instructions for this form are pretty clear on how they define a visitor vs emigration. https://help.cbp.gov/app/answers/detail/a_id/1467/~/instructions-for-cbp-form-3299---declaration-for-free-entry-of-unaccompanied

I have to agree that even though I am going to be seeking residence, I'm not a first time immigrant, as bcking pointed out... I thought of it more like, even though I am seeking residency, I am visiting/non-immigrant up until the point where my status is adjusted or else I will have to leave. I found this video in another thread which mentions that this topic seems to be pretty hotly debated

3299 Video

 

He makes it clear that 'visitors' includes people who may seek residency. 

 

My stuff is already passed customs and is currently on the way to me by this point, however...

 

[LauraCz 7]

Thanks for the all the input guys

[yuna628 9,676]

10 minutes ago, bcking said:

I will say I love that it listed "Snowbird" as an example....

I know, that's so weird right?!

[LauraCz 7]

4 minutes ago, yuna628 said:

I know, that's so weird right?!

You guys know snowbirds are mostly Canadians who travel to the USA to get away from the winter right?