Wanting to travel

[rjack97441]

My wife has applied for her AOS and received an appointment for her biometrics. Is it possible for her to travel in the US (via airlines) while we wait for the AOS? Her K-1 visa has expired and we were married in the 3 month time frame. The only offical document she has is her passport. Also is the appointment notice the receipt for applying for the AOS?

[PraetorianXI]

She needs to apply for an Advance Parole Document. Otherwise, IF she leaves the US without it, her AOS will be considered abandoned.

She needs to file the form I-131. If she filed for AOS After July 30th 2007, the she does not need to pay anything, just mail the application with a copy of the I-485 receipt.

If she filed for AOS BEFORE July 30th 2007, then she has to pay $ 305.

Look at this here: https://www.immihelp.com/i-485-adjus...ce-parole.html

[rjack97441]

Traveling in the USA

She will be traveling in the USA. Will she have a problem since her K-1 visa has expired.

[USgurl]

travelling within US

most likely your wife is okay by now.

anyways, i will give info for the others

i am out of status but i can fly. as long as you have a passport and the name matches with the boarding pass.

[daru786]

She will be traveling in the USA. Will she have a problem since her K-1 visa has expired.

You will get two different answers, Yes or No. There have been instances where ICE has asked immigration status at airports, bus stops and train stations. If you are okay to go through the harassment and if the travel is urgent in nature, you may take a chance. Unfortunately most of the ICE agents are unaware of immigration legalities and may throw you in jail.
There was a case most recently where a Pakistani F1 student was thrown in detention for two weeks since he was not carrying his passport and could not prove his legal presence.

Not scaring you but giving you the real picture!

[nichole]

As a K1, your visa is basically expired the day you use it to enter the US because it is a one-time, one-use visa. That's why you don't leave the US without Advance Parole because the visa won't get you back in the country. Your I-94 is proof of your legality in the US after you have used the visa and with only 90 days leaves you in limbo while you await AOS. It's an awkward time for K1s, so I understand your concern. But the USCIS allows you to remain while your AOS is pending, even if everything has expired. You are perfectly legal.

Domestic travel is fine, even on a plane. You do not go through an immigration line in the airport. You just get off the plane, pick up your luggage, and walk out of the airport. Take your passport for photo ID since you probably haven't been able to get a driver's license or state id yet. Take photocopies of your marriage license, AOS receipt, and the appointment letter as extra documentation in case you will be traveling near border towns in AZ and TX and look hispanic.

You really should be just fine. I think the F1 student example cited is a different situation because he wasn't carrying any documentation of his identity. Traveling should be no different than being in your hometown. Do you stay in your house 24/7 because you fear an immigration official might be near your grocery store? ICE agents are normally looking for people they have been tipped off about or persons with long overstays who have committed crimes. They don't have the manpower to make random checks of people on vacation for no reason. And you are legal while you await the AOS processing.

[daru786]

Like I stated, you will get different answers.
One clarification, even though you don't go through immigration when traveling domestically, there have been hundreds of cases when ICE/USICS agents have stopped and asked for your legal status............Please do some google...