What to say regarding a Expired visa ??, If caught by a cop !

[christera22]

Hi ,
This is to ask a simple question.My hubby from India is on a 3 months B1/B2 visa and his visa expired 10 days earlier...we are still arranging the AOS package as we are waiting for our marriage certificate.Now on the roads i drive but he is with me and carries his passport and his return eticket which is on 1st week of august. What shd we ideally say if I am pulled over by a cop car due to some reasons and the officer asks about his id ??? What is the best thing to say ?? Thanks !!

[txh1b]

What about the I-94? Did he enter with an intention to Adjust status? USCIS might deny such applications. What is your status?

BTW, as of now, many states' cops don't have the legal authority to enforce immigration rules.

[knowledgeable]

Unless ...

... he's driving or involved in a criminal act, the police (in most, most cases) will not ask for his resident status.

Get your papers ready quickly and get the status legal.

Good luck.

[christera22]

Thanks for the reply ...let me clarify !
I am a american and citizen of USA. My hubby has been here once for 2 months to meet me and do some coordination with the graphics he was doing online for my book.Originally we were getting ready for a K1 visa. He went away even though he had 3 months visa.He came here this time to help me in publishing my book, to meet my publisher and attend some fairs and we were getting ready to file the K1 while he is here.We were romantically involved from before his 1st visit and we met in a match site and dated online for over a year. But this time after living for 3 months we decided to marry and not to stay apart for long, as we found out from a website that he can adjust status living here only.So there was no intention to marry.

I just wanted to know what we may tell the cop in case he pulls me off the road. He has a 1 yr multiple entry visa that expires in mid 2009 but his I-94 just got expired 10 days earlier.As i said I am inquisitive just what to tell the cop ?? He carries his passport and his E return ticket ( dated 1st week of August,2008) with him ..... will that do ?? Any idea ???

[txh1b]

Cops check for ID, not for visa status. Once you get the 485 in to adjust status, it is not a worry anymore.

What makes you think cops ask for ID of passengers? If they do, they have smelt some contraband in the car.

[christera22]

Thanks !! I dont know .just wanted toknow in case they ask.I never got a ticket in 10 yrs now . So if they ask wd we say that though his visa expired he has his return flight fixed ...... & shd I say him as husband or just a friend as we still dnt have our marriage certificate in hand .

[txh1b]

You are worrying too much. Just say he is your friend if you are not married. There is no need to even talk about his tickets etc.

If ICE stops you and you are not married, then he will end up in a deportation cell.

BTW, if you are not married yet, he keeps on accumulating illegal presence and cannot leave the country until the I485 is approved as such unlawful presence will result in bans of 3-10 years 180-365 days and above.

Get the papers in ASAP.

[christera22]

ya i may be worrying too much but just wanted to be safe. Of course we are married and waiting for our certificate.
So for the time time till we dont have our marriage certificate , shd we say that we are married & carry his passport and photocopy of the marriage license that we have mailed ??

After we get the certificate we can roam with his passport and phocopy of the certificate !!
Similarly once we have postedthe AOS we can roam with the NOAs & AOS receipts ..... right ??

[knowledgeable]

Doesn't make ....

... much sense yet. Why would you be afraid that his visa/resident status would be asked by the police?

This is not a police state, remember? There has to be criminal activity involved and very justifiable reason for the cops or anyone to ask for the status, else the judge will throw all that evidence out the door!

Make sure you get your paper work done properly and in time.

Good luck.

[Joann]

I would advice to you tell the truth and not lie about it. And you could say that you are on the process of adjusting your husbands status. I suggest you be ready with the other documents and as soon as you get your marriage certificate you can send in the documents to USCIS. So that atleast your hubsband get have his alien number. That would be a sure proof that you are in the process of adjusting his status and you don't have to worry. I hope he is not driving although. Good luck

[PraetorianXI]

Watch out, some state troopers in certain states with high rate of illegal immigrants have been trained by USCIS and granted "power/jurisdiction" to act and serve as ICE agents.

[christera22]

wd the marriage license do till i dnt get the certificate ??

Thanks !! The state troopers may be trained by ICE but can someone answer my simple question ?? Till I dont get my marriage certificate (which I am waiting for) , can we roam with his passport and photocopy of the marriage license ?? We also have the photocopy of the envelope of the stamp side that we mailed.Wd that do ??? Hope I am clear .... Thanks so much for the answers .

[Joann]

Its seems like you are doing something illegal and you are worried beign caught by the law. Before i got my status changed i carried my passport and my I-94 had expired. As long as you have applied to chance his status that is the most important thing. Why don't you call 1 800 number? Can't you make your own decision? Its almost like people don't like to think what is right or wrong. Good luck

[knowledgeable]

To answer the main question ...

... directly. NO you cannot "roam" around with a copy of the marriage license. That will in no way help you at all.

You need to file the appropriate documents and have those confirmations for your husband to stay in the country.

Until then he is considered illegal if he has stayed beyond his allowable I94 dates.

Good luck to you and I hope this will close the chapter.

[PraetorianXI]

Against popular misbelief... marrying an USC alone does NOT grant you any legal status. So having marriage license or certificate does not do anything for him.