I mean as far as Customs, Immigration, TSA, etc. are concerned. My wife is in the U.S. legally on a K-1 visa waiting on her green card. She can't leave the U.S. until the green gard comes through. Can we travel from New England to Puerto Rico and back as long as the flights have no stopovers on foreign soil?
- Thread starter peep2
- Start date
Is Puerto Rico part of the United States?
She'll need the same credentials to enter and leave Puerto Rico as she needs to enter and leave Idaho or the District of Colombia. They won't even stamp her passport. Her passport and the visa card will be fine for unlimited travel anywhere within the United States or it's territories.
You can fly but you have to make sure you travel with papers proving that your wife is adjusting her status and that she is legally in the US.
I did travel to PR several times while adjusting my immigration status. Once, I was stopped by immigration officers, but they had to let me go as I was legally in the US and had papers to prove it (a bit scary as they had to call supervisors and such...).
This is NOT like going to Idaho for a non us-citizens as they are more vigilent since PR is a big port of entry for illegal immigration to Continental US.
In any case, enjoy your vacations in PR
"I did travel to PR several times while adjusting my immigration status. Once, I was stopped by immigration officers, but they had to let me go as I was legally in the US and had papers to prove it (a bit scary as they had to call supervisors and such...)."
Exactly the kind of info I was looking for and why I like DR1 so much. We're debating between P.R. and Florida. Latin culture for the wife or Disney for the three year old. Right now Fla. is in the lead. Can't wait 'till we can all get back to Santo Domingo.
Thanks
Exactly the kind of info I was looking for and why I like DR1 so much. We're debating between P.R. and Florida. Latin culture for the wife or Disney for the three year old. Right now Fla. is in the lead. Can't wait 'till we can all get back to Santo Domingo.
Thanks
Travel outside the contiguous.....
states is not recommended by many immigration lawyers for those whose fiance is here on a K-1 visa, at least not until after adjustment of status.
It is even more important to avoid territories and posssessions. The reason behind this is that by traveling technically outside the United States (territories and possessions are NOT states), immigration may deem you to have technically abandoned the K-1 Visa.
Going to P.R. you will likely be under even more scrutiny as there are so many Dominicans (assuming she is Dominican) attempting to fly to the U.S. with false documents.
At best you will experience what Africaida posted about above. At worst you may have been deemed to have waived the Visa and she will be denied entry.
If possible, don't do it. If that's not possible, check with the proper authorities before going there.
Respectfully,
Playacaribe2
states is not recommended by many immigration lawyers for those whose fiance is here on a K-1 visa, at least not until after adjustment of status.
It is even more important to avoid territories and posssessions. The reason behind this is that by traveling technically outside the United States (territories and possessions are NOT states), immigration may deem you to have technically abandoned the K-1 Visa.
Going to P.R. you will likely be under even more scrutiny as there are so many Dominicans (assuming she is Dominican) attempting to fly to the U.S. with false documents.
At best you will experience what Africaida posted about above. At worst you may have been deemed to have waived the Visa and she will be denied entry.
If possible, don't do it. If that's not possible, check with the proper authorities before going there.
Respectfully,
Playacaribe2
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Yes. You can fly to Puerto Rico from the US without a passport, with only a photo ID. Puerto Rico is an associated free state of the US (some call it a colony) and has the US dollar, US post office, and is considered inside the territory of the US by the Coast Guard,. You will have no problems as long as you take her papers with you.
On boarding flights from Puerto Rico to the US mainland, there are occasional spot checks of people who may not appear to be US citizens (read: Dominicans or Hatians fresh off a boat). Just came back from SDQ via San Juan, and on my flight from San Juan to Tampa after handing in my boarding pass I noted halfway down the jetway there were 3 ICE officers looking over the passengers as they walked onto the plane and occasionaly stopping one or two and asking questions.
Puerto Rico is NOT considered leaving the US for immigration purposes, but since it is a major entry point of illegal aliens into the US, these checks are in place. (Similar to US domestic buses being randomly inspected by ICE officers on routes going from places like El Paso, TX or San Diego, CA into the interior of the US)
Enjoy Puerto Rico,(in many ways, the culture is wonderfully similar to the DR.. Just imagine an extremely Americanized DR and you have Puerto Rico) but your wife should bring her passport with visa and I94 just in case.
Puerto Rico is NOT considered leaving the US for immigration purposes, but since it is a major entry point of illegal aliens into the US, these checks are in place. (Similar to US domestic buses being randomly inspected by ICE officers on routes going from places like El Paso, TX or San Diego, CA into the interior of the US)
Enjoy Puerto Rico,(in many ways, the culture is wonderfully similar to the DR.. Just imagine an extremely Americanized DR and you have Puerto Rico) but your wife should bring her passport with visa and I94 just in case.
Great advice PlayaCaribe. I don't know the technicalities of K-1 visa, but the fact that she is Dominican, she will be under the microscope for obvious reasons (I have a French passport, that may be the reason why I was only bothered once).
Florida sounds like a better option if you ask me
besides PR is nice but overpriced One of the technicalities...
is that a K-1 Visa allows you to enter the United States for the purpose of marriage. Territories and possessions (Puerto Rico, U.S. Virgin Islands, Samoa, etc., are NOT States, thus there is Immigration case files of people making the mistake of what peep2 asked about and being denied re-entry. Thus the caution by Immigration lawyers concerning the possibility of being denied re-entry.
Respectfully,
Playacaribe2
Great advice PlayaCaribe. I don't know the technicalities of K-1 visa, but the fact that she is Dominican, she will be under the microscope for obvious reasons (I have a French passport, that may be the reason why I was only bothered once).
Florida sounds like a better option if you ask me
is that a K-1 Visa allows you to enter the United States for the purpose of marriage. Territories and possessions (Puerto Rico, U.S. Virgin Islands, Samoa, etc., are NOT States, thus there is Immigration case files of people making the mistake of what peep2 asked about and being denied re-entry. Thus the caution by Immigration lawyers concerning the possibility of being denied re-entry.
Respectfully,
Playacaribe2
He can but she can't.
Many jurisdictions within the U.S. are cracking down on illegal immigration and officials will insist on either the visa card or the original acceptance letter along with a current passport just to go across the street to buy groceries.
Travel to Puerto Rico and the USVI is very common among visa holders. As long as one travels directly TO and directly FROM the same island and continental port there will not usually be any problems unless some CIS inspector has a wire hair that day.
Problems arise when multiple stops are involved as the ruling extends to international waters as well as international soil (a cruise wouln't be recommended). The only real scrutiny on re-entry would involve 3rd country travel (many visa holders do this without thinking about the consequences until it's too late).
Here's the funny thing. My ex (on a K-3) caught more scrutiny going in and out of Canada on the train from the US than on trips to the Caribbean by air. Like all things legal...nothing is certain, but there are plenty of resources for advice on these matters. If you're working with an immigration attorney and require further assurances they can help you to apply for an advance parole, just in case.
US K1 Fiancee Visa: Advance Parole Information ? Integrity Legal Blog
As long as you're flying straight into P.R. from the same Stateside airport you should have no problems. I wouldn't be planning a snowboarding trip to Idaho though. State and local jurisdictions are getting real funny about immigration and many officers don't really understand the laws that the Fed's are making them enforce so they use the "big net" approach.
Very true. I now get asked about proof of my immigration status even when I leave the US
aranoid:
I think you guys are making a storm in a cup of water... just see her passport and will notice there is an American visa stamped on it with the expiration date, look for the entry in Us territory and will notice another stamp that read: Admited in the US.
Now I know you need a different visa to visit Puerto Rico.
JJ
Now I know you need a different visa to visit Puerto Rico.
JJ
Florida has lots of Latin culture, especially in south Florida.
Would a three year old really appreciate Disney? (I don't know, but parents on here might have an idea.)
In the matter of the visa and passport and entry:
You are going to be dealing with two agencies, both under the auspices of Homeland Security.
Border & Customs will probably let your wife back into the mainland US, as Puerto Rico is a US territory and you will be carrying proof that she is legally present in the US after entering legally. (Legal presence and legal entry are two separate legal issues.)
Afterwards, you are going to be dealing with Citizenship & Immigration Services to adjust your wife's status. Theoretically, you should not have a problem. HOWEVER, there are many, many, many documented cases where CIS agents have an interpretation of law and policy that is not consistent with sanity. Agents are trained to look for reasons NOT to adjust status.
If an immigration attorney is assisting you with your case, then follow the attorney's advice.
If you do not have an attorney, there are a number of non-profits who assist with immigration matters on a sliding scale basis. (I used to work for one of those, but it has been years, and people still working in the field say it is a nightmare today.)
I also like PR and have spent a lot of time on the south and west coasts.
Nothing wrong with visiting Miami and Orlando and there are a lot of Spanish-speaking people there, but the atmosphere in PR is totally different and you know you are not in a US city.
But be sure you know whether you can do it legally. I would not take the answers you get to that question as gospel, as several posters have indicated.
Nothing wrong with visiting Miami and Orlando and there are a lot of Spanish-speaking people there, but the atmosphere in PR is totally different and you know you are not in a US city.
But be sure you know whether you can do it legally. I would not take the answers you get to that question as gospel, as several posters have indicated.
Nonimmigrant Visa for a Fiance(e) (K-1)
I agree that we are not the ultimate source...
and I would be very wary if you have NOT married her within the 90 window because boarding any sort of plane will put you under scrutiny of HOMELAND SECURITY
maybe the Poconos?
We have jumped through most of the hoops and are now just waiting for the green card to be delivered. My spouse is from Santo Domingo and rural New England is not to her liking, especially this time of year. I was mostly casting about for someplace warm and Spanish speaking to give her a break from the frost. The kid is happy anywhere and I have been told by reliable sources that Disney is great for three year olds. We will give Florida a visit and perhaps when the ferry starts up again from Santo Domingo to P.R. we'll give that a try to keep her green card valid once she gets it.
I am surprised at the volume and quality of response to my simple question. Thanks to all!
I am surprised at the volume and quality of response to my simple question. Thanks to all!
I expect we will be just as happy with a 10 year visitor visa if that is the route we finally travel. Right now the only way we could get mom into the U.S. was with the K-1, green card route. The kid is a U.S. citizen but I wasn't about to bring her to the U.S. with out her mom. I wanted them to visit with my relatives before they all died of old age. I was only partially successful for which I thank the idiots in our state department.