Virgin Islands on K1 Visa

[jbarcz1 0]

Hello,

My fiancee is currently in the pipe for a K1 Visa. We're planning to do a courthouse wedding as soon as she sets foot on US soil in order to start the adjustment of status petition. After we do that, we're going to take a honeymoon in August.

We are thinking about going to the US Virgin Islands or to Puerto Rico. This trip is probably going to happen before the adjustment of status goes through, and we are not sure if we will have time to get advance parole.

Now, from what I've been able to find it seems like this is ok as long as we don't ever leave US territory, and as long as she has an I-94 and her Canadian passport with Visa Stamp to show the nice man with the badge. However, my fiancee has had lots of bad experiences with US immigration and is deathly afraid of running into an insane immigration inspector who will deny her re-entry on our way back. She wants to find some kind of document, written by a US government official, which states that travel from the US to the VI does not constitute a departure from the US, so that she can have it as proof in case she needs to argue it. I know this sounds a bit paranoid, but she's extremely cautious about these things.

Is anyone able to point me to some official source that could answer this? Essentially what she's looking for is a US government document which says something to the effect of "Travel from the continental United States to the US Virgin Islands is not considered a departure." I have tried emailing state, but they were no help. I've also tried calling the USCIS national service center, but I haven't been able to get through there yet.

Thanks,

Josh

[tsunamihart 0]

Now, from what I've been able to find it seems like this is ok as long as we don't ever leave US territory, and as long as she has an I-94 and her Canadian passport with Visa Stamp to show the nice man with the badge. However, my fiancee has had lots of bad experiences with US immigration and is deathly afraid of running into an insane immigration inspector who will deny her re-entry on our way back. She wants to find some kind of document, written by a US government official, which states that travel from the US to the VI does not constitute a departure from the US, so that she can have it as proof in case she needs to argue it. I know this sounds a bit paranoid, but she's extremely cautious about these things.

Is anyone able to point me to some official source that could answer this? Essentially what she's looking for is a US government document which says something to the effect of "Travel from the continental United States to the US Virgin Islands is not considered a departure." I have tried emailing state, but they were no help. I've also tried calling the USCIS national service center, but I haven't been able to get through there yet.

Thanks,

Josh

No worries Josh you'll still be on US soil in those 2 locations

[zyggy 9]

Now, from what I've been able to find it seems like this is ok as long as we don't ever leave US territory, and as long as she has an I-94 and her Canadian passport with Visa Stamp to show the nice man with the badge. However, my fiancee has had lots of bad experiences with US immigration and is deathly afraid of running into an insane immigration inspector who will deny her re-entry on our way back. She wants to find some kind of document, written by a US government official, which states that travel from the US to the VI does not constitute a departure from the US, so that she can have it as proof in case she needs to argue it. I know this sounds a bit paranoid, but she's extremely cautious about these things.

Is anyone able to point me to some official source that could answer this? Essentially what she's looking for is a US government document which says something to the effect of "Travel from the continental United States to the US Virgin Islands is not considered a departure." I have tried emailing state, but they were no help. I've also tried calling the USCIS national service center, but I haven't been able to get through there yet.

Thanks,

Josh

From the Immigration and Naturization Act

Sect 101 (a) 38

38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.

[jbarcz1 0]

Now, from what I've been able to find it seems like this is ok as long as we don't ever leave US territory, and as long as she has an I-94 and her Canadian passport with Visa Stamp to show the nice man with the badge. However, my fiancee has had lots of bad experiences with US immigration and is deathly afraid of running into an insane immigration inspector who will deny her re-entry on our way back. She wants to find some kind of document, written by a US government official, which states that travel from the US to the VI does not constitute a departure from the US, so that she can have it as proof in case she needs to argue it. I know this sounds a bit paranoid, but she's extremely cautious about these things.

Is anyone able to point me to some official source that could answer this? Essentially what she's looking for is a US government document which says something to the effect of "Travel from the continental United States to the US Virgin Islands is not considered a departure." I have tried emailing state, but they were no help. I've also tried calling the USCIS national service center, but I haven't been able to get through there yet.

Thanks,

Josh

From the Immigration and Naturization Act

Sect 101 (a) 38

38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.

Awesome, thats exactly what I needed. Thanks for the quick reply!

[Cliff_Ksenia 0]

One word of caution is to watch the airlines closely when ticketing as when we were flying home (St. Croix) the ticketing agent in Texas removed the I-94 from Ksenias passport and started to staple it to the ticket. I immediately asked why did she do that and she stated “because she is leaving the country” , I of course explained the meaning of U.S. in U.S.V.I. and upon checking on her computer screen she realized what a bone head she was and stapled the I-94 back into the passport.

[ktun 0]

USVIs lucky you My Uncle was transfered there from Canada for 5 years. We went and stayed with him for a month in August 2000 on St. Thomas. It is absolutely gorgeous. It is hurricane season in August though, but we were fine just had a couple of stormy days, the rest was great.

It is a shame she wont be able to leave US soil though as a boat trip over to the BVIs is well worth it, especially Virgin Gorda. Anyway, relax and have a great time when it comes.

Edited March 23, 2006 by ktun