Cuba Travel by US Citizen and Non-citizen/Non-Resident spouse
As there is no ban on actual travel by a US citizen to Cuba but rather on the financial transactions, on which side of the legal fence would the following scenario fall?:
I am a US citizen. My spouse is neither a citizen nor resident and has never resided in the US. My spouse has her own source of income deposited into a non-US bank account to which I have no access. (aka. Not my money legally.)
If my spouse were to pay for all travel related expenses (both inside Cuba as well as in preparation for the trip) with her money and I were to bring no cash or other financial instruments with me either on my person or in my luggage, would this constitute a violation of the embargo?
Best Answer
It's still not legal since you are not even supposed to travel to Cuba by yourself on independent travel. You are only allowed to travel with a Cuba travel organization that has an official license from the U.S. State Department. And traveling with those binds you to their schedule, too, which I guess you do not want to take.
So who pays for the hotel does not make a difference, because you are not even supposed to be there. If you get caught or not is a different matter, but it's still a violation of the embargo.
Specifics WHY you are not allowed to travel in general
There is a government document from the treasury outlining who is allowed to travel to cuba. The document also outlines the issue of spending money in detail. I summarize the general points about who can travel to keep it short:
- Persons visiting “close relatives”, be it Cuban or US persons working in Cuba legally
- Officials on official business, Professionals doing their job or going to meetings
- Faculty, staff and students on specific research
- Religious and telecom organization members & staff
- Agriculture & Medicine related workers
- People with a specific license from the government
Assuming that you are neither of this, you are NOT allowed to travel. The loophole is point 6, being someone who has a license. While you do not have a license, there is a sub-point 2) that gives licenses of the people-to-people program organizers which in return allows their customers to travel along with the program. This means that your only chance to travel legally to Cuba is through this program.
More sources that specially pick up the issue with Jay-Z and beyonce:
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What is considered a family visit to Cuba?
1. Visiting family \u2013 you can travel to Cuba under a general license if you want to visit close relatives. They can be your family by blood, marriage, or adoption, but there must not be more than three generations removed from you or a common ancestor of yours. 2.Can US citizens travel to Cuba right now?
Today, Cuba is open for travel \u2014 even for Americans. Anyone traveling to Cuba just has to keep a couple of things in mind. Vaccinated travelers can enter Cuba without a negative PCR test. Unvaccinated travelers will need to present a negative PCR test no more than 72 hours old.Can US dual citizens travel to Cuba?
The fact that you have an other citizenship is not relevant for the US governement. Any US citizen that go to Cuba needs a licence, otherwise it's illegal for him/her to go. Still, thousands and thousands of citizens go to Cuba every year without any problem.How do I bring a family member to Cuba?
Cuban immigrants living in the United States as lawful permanent residents or U.S. citizens can petition for relatives in Cuba to immigrate to the United States as lawful permanent residents. Generally, that means that the relative in Cuba must wait in Cuba until their immigrant visa becomes available.Where to Get Instant Citizenship by Marriage
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