Non-resident bringing engagement ring to US

Old Nov 23, 2013, 1:13 pm
  #1  
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Flying to the US with engagement ring.

Hey,

I will be flying to the US early next month and will be proposing to my girlfriend over there. She's an american citizen and I'm not. I'm simply flying there on a tourist visa and have every intension of flying back to Hong Kong.

For some reason I'm finding it pretty hard to get a straight answer to the following question and people give me different answers all the time..

What Is the best way to bring an engagement ring through US customs once arriving in the United States?

The following thoughts came to mind... Is it considered a gift cause I'm giving it to someone? Do I have to declare it cause it's over $100USD in value and then pay a certain percentage of duty? Or should I just try and walk through without declaring and hope for the best?

Any help at all would be greatly appreciated!

Thank you in advance.
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Old Nov 23, 2013, 5:08 pm
  #2  
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Originally Posted by rmaxtor
Hey,

I will be flying to the US early next month and will be proposing to my girlfriend over there. She's an american citizen and I'm not. I'm simply flying there on a tourist visa and have every intension of flying back to Hong Kong.

For some reason I'm finding it pretty hard to get a straight answer to the following question and people give me different answers all the time..

What Is the best way to bring an engagement ring through US customs once arriving in the United States?

The following thoughts came to mind... Is it considered a gift cause I'm giving it to someone? Do I have to declare it cause it's over $100USD in value and then pay a certain percentage of duty? Or should I just try and walk through without declaring and hope for the best?

Any help at all would be greatly appreciated!

Thank you in advance.
The form is pretty simple. You can google for it. It says:

Visitors: the total value of all articles that will remain in the U.S. ... is:

If you are planning to leave the ring in the USA, then you must declare it. Be sure to bring cash and credit to pay the duty. CBP prefers credit, but just in case your foreign credit card doesn't work ...

Hopefully she accepts your proposal. Be a bummer to pay a few dollars duty for nothing.

I hope you've budgeted a ton of time. You will get a secondary customs inspection to pay the duty, and you will get a secondary immigration inspection because of why you are paying duty.

I would (and did when I was in your exact situation) buy your American girlfriend a ring in the USA.

Walking it through without paying duty is foolish, especially if she does accept your proposal. At minimum, if you plan to have a long distance marriage, you will want to visit her in the USA, and one customs violation of this magnitude could ban you from the USA for life. If you think she will live with you in your country, then you will have trouble visiting the USA to see her family. And if you think you will be living in the USA, getting a green card could be complicated. And it will prevent you from getting Global Entry, might impact your ability to become a U.S. citizen, work a federal job, etc.

All this for a few dollars duty?

Welcome to FT.

Last edited by mre5765; Nov 23, 2013 at 5:16 pm
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Old Nov 23, 2013, 6:02 pm
  #3  
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Originally Posted by mre5765
Quote:





Originally Posted by rmaxtor


Hey,

I will be flying to the US early next month and will be proposing to my girlfriend over there. She's an american citizen and I'm not. I'm simply flying there on a tourist visa and have every intension of flying back to Hong Kong.

For some reason I'm finding it pretty hard to get a straight answer to the following question and people give me different answers all the time..

What Is the best way to bring an engagement ring through US customs once arriving in the United States?

The following thoughts came to mind... Is it considered a gift cause I'm giving it to someone? Do I have to declare it cause it's over $100USD in value and then pay a certain percentage of duty? Or should I just try and walk through without declaring and hope for the best?

Any help at all would be greatly appreciated!

Thank you in advance.




The form is pretty simple. You can google for it. It says:

Visitors: the total value of all articles that will remain in the U.S. ... is:

If you are planning to leave the ring in the USA, then you must declare it. Be sure to bring cash and credit to pay the duty. CBP prefers credit, but just in case your foreign credit card doesn't work ...

Hopefully she accepts your proposal. Be a bummer to pay a few dollars duty for nothing.

I hope you've budgeted a ton of time. You will get a secondary customs inspection to pay the duty, and you will get a secondary immigration inspection because of why you are paying duty.

I would (and did when I was in your exact situation) buy your American girlfriend a ring in the USA.

Walking it through without paying duty is foolish, especially if she does accept your proposal. At minimum, if you plan to have a long distance marriage, you will want to visit her in the USA, and one customs violation of this magnitude could ban you from the USA for life. If you think she will live with you in your country, then you will have trouble visiting the USA to see her family. And if you think you will be living in the USA, getting a green card could be complicated. And it will prevent you from getting Global Entry, might impact your ability to become a U.S. citizen, work a federal job, etc.

All this for a few dollars duty?

Welcome to FT.
I agree 100%. Pay the duty and be done with it. I also like mee's idea of buying the ring in the U.S. Unless the one you're bringing is something very unique. With the dollar in the tank, your foreign currency will go a lot farther than it used to.
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Old Nov 23, 2013, 6:18 pm
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That is the nice thing about Costco, they have a return policy.

Pay to by in the USA at Costco.....
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Old Nov 23, 2013, 9:16 pm
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Originally Posted by mre5765
If you are planning to leave the ring in the USA, then you must declare it. Be sure to bring cash and credit to pay the duty. CBP prefers credit, but just in case your foreign credit card doesn't work ...
Thank you for the quick response. Do you happen to know how much customs in the US charge for duty on jewellery? I have already purchased the ring here so will have to bring it through customs.

Last edited by rmaxtor; Nov 23, 2013 at 9:35 pm
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Old Nov 23, 2013, 10:12 pm
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That is the nice thing about Costco.
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Old Nov 24, 2013, 12:33 am
  #7  
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Put the ring in your pocket or wear it around your neck.
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Old Nov 24, 2013, 1:13 am
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Originally Posted by travelinmanS
Put the ring in your pocket or wear it around your neck.
Would customs check my wallet once I arrive though? or do they just check the bags?
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Old Nov 24, 2013, 1:55 am
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Originally Posted by rmaxtor
What Is the best way to bring an engagement ring through US customs once arriving in the United States?
You are likely to be denied entry into the US if you declare that ring.

Why would you be denied? Because the US will assume that if you are flying there to propose (and possibly get married) that you are automatically attempting to avoid the immigration rules for foreign spouses. They will tell you that you need to get a fiance "K" visa instead of a tourist visa, even if you qualify for a tourist visa waiver at the border.

Sound hard to believe? Check out this story from a Canadian in a similar situation (visiting fiance, carrying a ring, came within inches of being sent back).

What to do instead?

If you ask her to marry you and she says "No", you will be bringing the ring home with you, right? So instead of assuming she will say "Yes" why don't you assume she will say "No" and then you will return home with the ring?

Wear the ring on a chain around your neck as jewelry with the intention of returning home with it. And after you've been here and popped the question, if you get lucky and she says "YES" then you can return home with it and she can pick it up later.

Don't bring the ring box with you. Mail it to her (or someone else in the US) instead. Or leave it at home and buy a new ring box from a jeweler in the states.

And I personally wouldn't tell them anything about having a girlfriend/fiance here. When they ask what you are doing just tell them you are visiting a friend (the truth) and you will be doing X, Y and Z on your vacation (fill in whatever you like to do together, going to museums, concerts, libraries, whatever).

Last edited by RevJim; Nov 27, 2013 at 5:20 pm
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Old Nov 24, 2013, 12:13 pm
  #10  
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Originally Posted by travelinmanS
Put the ring in your pocket or wear it around your neck.

Truly bad advice. You are suggesting he commit a crime.

Originally Posted by rmaxtor
Thank you for the quick response. Do you happen to know how much customs in the US charge for duty on jewellery? I have already purchased the ring here so will have to bring it through customs.
For a $1000 ring. Much less than a $100. CBP.gov says there is a flat rate of 3 percent less the $100 exemption. So about $25.

Originally Posted by RevJim
You are likely to be denied entry into the US if you declare that ring.

Why would you be denied? Because the US will assume that if you are flying there to propose (and possibly get married) that you are automatically attempting to avoid the immigration rules for foreign spouses. They will tell you that you need to get a fiance "K" visa instead of a tourist visa, even if you qualify for a tourist visa waiver at the border.

Sound hard to believe? Check out this story from a Canadian in a similar situation (visiting fiance, carrying a ring, came within inches of being sent back).

What to do instead?

If you ask her to marry you and she says "No", you will be bringing the ring home with you, right? So instead of assuming she will say "Yes" why don't you assume she will say "No" and then you will return home with the ring?

Wear the ring on a chain around your neck as jewelry with the intention of returning home with it. And after you've been here and popped the question, if you get lucky and she says "YES" then you can change your mind about the ring and give it to her.

Don't bring the ring box with you. Mail it to her (or someone else in the US) instead. Or leave it at home and buy a new ring box from a jeweler in the states.

And I personally wouldn't tell them anything about having a girlfriend/fiance here. When they ask what you are doing just tell them you are visiting a friend (the truth) and you will be doing X, Y and Z on your vacation (fill in whatever you like to do together, going to museums, concerts, libraries, whatever).
More bad advice. The fiancé visa is if you plan to get married in the USA during that visit. And the story you linked has so many holes ...

Originally Posted by rmaxtor
Would customs check my wallet once I arrive though? or do they just check the bags?
They will inspect whatever they want, including the orifices into your body if they feel like it.

You are better off being honest and truthful when you arrive at the U.S. port.

Return your ring to the HK jeweler and buy one in the USA, because you seem very tempted to make a mistake that could ruin your life.

Last edited by mre5765; Nov 24, 2013 at 12:31 pm
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Old Nov 24, 2013, 12:59 pm
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I agree with this assessment.

with the caveat you MAY be denied entry....

Originally Posted by RevJim
You are likely to be denied entry into the US if you declare that ring.

Why would you be denied? Because the US will assume that if you are flying there to propose (and possibly get married) that you are automatically attempting to avoid the immigration rules for foreign spouses. They will tell you that you need to get a fiance "K" visa instead of a tourist visa, even if you qualify for a tourist visa waiver at the border.

Sound hard to believe? Check out this story from a Canadian in a similar situation (visiting fiance, carrying a ring, came within inches of being sent back).

What to do instead?

If you ask her to marry you and she says "No", you will be bringing the ring home with you, right? So instead of assuming she will say "Yes" why don't you assume she will say "No" and then you will return home with the ring?

Wear the ring on a chain around your neck as jewelry with the intention of returning home with it. And after you've been here and popped the question, if you get lucky and she says "YES" then you can change your mind about the ring and give it to her.

Don't bring the ring box with you. Mail it to her (or someone else in the US) instead. Or leave it at home and buy a new ring box from a jeweler in the states.

And I personally wouldn't tell them anything about having a girlfriend/fiance here. When they ask what you are doing just tell them you are visiting a friend (the truth) and you will be doing X, Y and Z on your vacation (fill in whatever you like to do together, going to museums, concerts, libraries, whatever).
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Old Nov 24, 2013, 4:44 pm
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Originally Posted by mre5765
More bad advice. The fiancé visa is if you plan to get married in the USA during that visit. And the story you linked has so many holes ...
Actually no. The K visa is a nonimmigrant visa that gives your the opportunity to marry your partner, with the intention of adjusting your status to an immigrant visa, and as such the requirements are the same as an immigrant visa (source).

Just because someone is eligible for a tourist visa does not mean they are entitled to one. The burden of proof is always on the tourist visitor to prove that they have strong enough ties to their home country to leave when their visa expires. Although the OP may be fully eligible for a tourist visa, the burden of proof is still his. Even if he already has a 10-year multiple entry tourist visa.

And US immigration authorities have a negative view of anyone using a tourist visa when a fiancé/marriage/spouse is involved because the burden of proof is on the visitor to prove they will leave. Why would you leave your fiancé/spouse at the end if you could instead cheat the system and overstay your tourist visa while you try to "fix" the paperwork later? The burden of proof in this case will probably run against the OP, even if he fully intends to return home immediately.

By the way, I agree with mre5765 and everyone else who said to return the HKG ring to the jeweler and buy a different one inside the US on arrival. That makes the process much simpler. I would only wear it as jewelry with the honest intention of returning home with it as a last resort, and I only brought it up because the OP already rejected the idea of returning it to the jeweler.
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Old Nov 25, 2013, 3:28 pm
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Originally Posted by RevJim
Actually no. The K visa is a nonimmigrant visa that gives your the opportunity to marry your partner, with the intention of adjusting your status to an immigrant visa, and as such the requirements are the same as an immigrant visa (source).

Just because someone is eligible for a tourist visa does not mean they are entitled to one. The burden of proof is always on the tourist visitor to prove that they have strong enough ties to their home country to leave when their visa expires. Although the OP may be fully eligible for a tourist visa, the burden of proof is still his. Even if he already has a 10-year multiple entry tourist visa.

And US immigration authorities have a negative view of anyone using a tourist visa when a fiancé/marriage/spouse is involved because the burden of proof is on the visitor to prove they will leave. Why would you leave your fiancé/spouse at the end if you could instead cheat the system and overstay your tourist visa while you try to "fix" the paperwork later? The burden of proof in this case will probably run against the OP, even if he fully intends to return home immediately.
He intends to return to his own country. So the fiancé visa is N/A.

Why would he leave after proposing marriage? Because he has ties back to his country of residence. Because overstaying is an immigration violation that will impact future privileges the USA government might grant him, such as GE, citizenship, federal employment, etc.

The burden of proof is always with the alien visitor regardless of purpose of visit.
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Old Nov 25, 2013, 6:16 pm
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Originally Posted by mre5765
He intends to return to his own country. So the fiancé visa is N/A.

Why would he leave after proposing marriage? Because he has ties back to his country of residence. Because overstaying is an immigration violation that will impact future privileges the USA government might grant him, such as GE, citizenship, federal employment, etc.
You've obviously never been on the other side of a US tourist or K visa and your advice will get this guy denied entry. If he declares the ring, immigration is guaranteed to ask "Gosh, when she says 'yes' why would you leave?" And if the best he can come up with is "I intend to leave, I have ties back to my country of residence, overstaying is an immigration violation, and maybe the US will take away some of my privileges like GE, citizenship and federal employment" then he's in for a long, sad flight back home.

If any of that nonsense fluff worked, then people from poor countries in Central America, Africa and Asia would be entering the US on tourist visas by the millions with the intention of getting jobs. Mexico would be empty because everyone would just memorize your few magic words and go get a tourist visa. But immigration doesn't fall for it because they assume every visitor should be denied entry until the visitor proves otherwise.

That ring is strong evidence against his tourist entry. He better have a phenomenal explanation about why he intends to leave or he'll be sent back at the border. At least phenomenal enough to outweigh the fiancé/K/immigrant assumption that the ring creates.
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Old Nov 25, 2013, 9:05 pm
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Originally Posted by RevJim
You've obviously never been on the other side of a US tourist or K visa and your advice will get this guy denied entry.
Your advice will get him permanently banned.

Btw, I am lawful permanent resident of the USA, and thus a noncitizen. And you are?
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