Travel within the United States while I-485 pending

[bouncingimmigrant]

My wife and I just got married and we are filing for an I-485. We would like to travel to Hawaii for our honeymoon after filling for the I-485. Her B-2 visa will have expired and while it's legal for her to travel within the United States, we were wondering what documentation she needs to bring with her. We're worried that the domestic customs/immigration will stop her and deport her! Any help would be greatly appreciated! Thanks!

[thnos]

do not overstay tourist visa AT ANY COST

Looks like your wife is on a tourist visa and yes although travelling in the USA within the authorized time frame shown on her I-94 is acceptable yet it is NOT LEGAL to overstay a tourist visa, even if you are married to a US citizen!

Marriage does NOT give immediate RESIDENT status NOR CITIZENSHIP to the non-american spouse. In plain words whatever rights you have do not apply for your wife because she is NOT a citizen NOR a permanent resident of the USA.

It is a direct violation of USA admittance (entry) rules and ILLEGAL to overstay. She will break the law and she will then be officially an out-of-status person and this term is notoriously used for illegal immigrants (Arizona immigration problem!!!! if you have heard the news lately!!!) Do you want that to happen to your wife?

As much as you would like to see your wife stay with you until her AOS comes through THAT IS IMPOSSIBLE! the CORRECT way to do this, and the only way to stay out of trouble that is, is for her to return to her country before the expiration date of her authorized stay in the USA and then stay away for 2-3 months. She can come back and see you as many times as she wants WITHOUT VIOLATING THE AUTHORIZED TIME! trust me you will find yourselves in big trouble if you do actions that seem logical to you but HIGHLY INEXPLICABLE to the immigration officers.

FYI your fear of her deportation if caught in the country beyond the authorized stay period is VERY VALID! If deportation proceedings begin (something you do not want to happen) BY LAW she has to stay away from the USA for 10 years after deportation day! Do you really want this?

If i were you, i would wait for the honeymoon until she is given a permanent resident status which you will get when the I-485 is approved and you have passed the initial interview.

Good Luck
and dont do irrational actions!

[lionofafrica]

Happy Honeymoon to Hawaii

Hello, you don’t have to worry that your wife overstays her B2 visa or that she will be deported, it is simply not going to happen as long as she stays and travel within the US. As soon as your wife puts in her AOS, she does not accumulate any illegal stay until her AOS is denied or approved, though the filling of I-485 does not give any immigration status, you will not be deported nor will you be in violation of any immigration law.
All your wife needs to travel within the US is a valid driver’s license and or a valid international passport (preferably machine readable).

Lionofafrica.

[bouncingimmigrant]

Thanks for the replies! As I understand it, she won't be illegally overstaying as long as I apply for the I-485 before she her I-94 expires. We intend to file in the next couple days.

lionofafrica - you mentioned that she would just need her valid passport. I am concerned that her I-94 would indicate "overstay" even though we would have filed an AOS. I intend to photocopy every page of the I-485/I-130/etc. filing and bring it with us whenever we are away from home (be it flying or driving). But I am worried that when we go through security at the airport for a domestic flight, she might get stopped by immigration officers or customs. Would this be a problem?

[bkwld]

You won't have problems. She cannot leave the country while I-485 is pending and until she receives her Advance Parole.

[lionofafrica]

HONEYMOON TO HAWAII/bouncingimmigrant

Hello Bouncing immigrant, she will not come in contact with any immigration officer either on the road or at the airport (on air). She will come across TSA officials whose jobs are mainly security of the passengers and the aircraft. Immigration officers are only stationed at the borders( international travelers entrance and at the land borders), however if per chance your wife comes in contact with IOs, they will not ask her about her immigration status( as long as she is domestic and has not committed any crime) and if they ask her, the I485 receipt will set her free. There is however a catch 22, she cannot leave the country without an advance parole (I-131), this is with the package please file it along with the AOS. She may not need it and if she does need it as long as she files her AOS before the expiration of her I-94, she will have over come the burden of 3years or 10 years USCIS imposed exile.
Good luck.
Lionofafrica.

[thnos]

actually they do ask sometimes for passport

Hello Bouncing immigrant, she will not come in contact with any immigration officer either on the road or at the airport (on air). She will come across TSA officials whose jobs are mainly security of the passengers and the aircraft. Immigration officers are only stationed at the borders( international travelers entrance and at the land borders), however if per chance your wife comes in contact with IOs, they will not ask her about her immigration status( as long as she is domestic and has not committed any crime) and if they ask her, the I485 receipt will set her free. There is however a catch 22, she cannot leave the country without an advance parole (I-131), this is with the package please file it along with the AOS. She may not need it and if she does need it as long as she files her AOS before the expiration of her I-94, she will have over come the burden of 3years or 10 years USCIS imposed exile.
Good luck.
Lionofafrica.

Am European and before i got my GC, i was visiting my husband on a B-2 tourist visa! (We did not try to speed up the process by filing for AOS while i was in the USA and we did it the correct way by obtaining a K-3 spouse visa with Consular processing, which takes longer but simplifies things A LOT, no worries about breaking the law or becoming an out-of-status person!!!)
While here in one of my visits, my husband wanted to take me to California. The itinerary had 2 transits from the closest to our house airport to LAX, California. That is i had to go through boarding at least 3 times! And another 3 times on the way back home. I WAS REQUESTED TO SHOW PASSPORT 4 TIMES!!! So i dont know what you are talking about not checking passports. Yes they are not IO BUT they DO CHECK!

[daru786]

Passport is needed for your identity and name check purpose for your ticket. Secondly do not assume that you cannot be approached by an IO at the airport or land. They have a right and they can ask you about your legal status. It has happened at the LAX airport and can happen anytime.
If you are going by road, some Texas state borders have immigration check points and they do ask for your immigration status.
Not scaring anyone here, but my point is that we better be safe then sorry.
Good Luck!

[thnos]

i agree with daru

Passport is needed for your identity and name check purpose for your ticket. Secondly do not assume that you cannot be approached by an IO at the airport or land. They have a right and they can ask you about your legal status. It has happened at the LAX airport and can happen anytime.
If you are going by road, some Texas state borders have immigration check points and they do ask for your immigration status.
Not scaring anyone here, but my point is that we better be safe then sorry.
Good Luck!

It has also happened at the Minnesota airport, Houston Texas,Newark, JFK...to name a few!


The correct way to do this WAS (since you already started the process the wrong way) DO NOT FILE FOR I-485 while she was here on B2 and let her go back to her country before the expiration date on I-94!
Then apply for I-130 and also for K-3 spouse visa! She would have to wait since the day of filing 5 months before she obtained her K-3 spouse visa from the US Embassy/consulate in her country and then she could come to the States and stay WITHOUT PROBLEMS for 2 years!!!! That is the time frame a K-3 gives you to adjust status or in other words file for AOS (I-485)!!!
Since she would already be in the country on a K-3 which gives her a time frame of 2 years rather than just 6 months of stay you two could have waited for the AOS interview and travel wherever you wanted in the country without worries for her immigrant status!!!! THAT IS THE CORRECT WAY! you would only have to be apart for just another 5 months...thats all!

Or she could still come back and visit you in those 5 months of waiting by using her B2. She cannot do that now because she has violated her stay agreement of the B2.

The way i described to you is the ONLY one that does not raise suspicion AND guarantees 1000% your wife will get the GC, NO MATTER WHAT!

Of course if you break the law THAT COMPLICATES THINGS and there are no guarantees of ever getting a GC. You may or you may not! And if she is denied the visa you have to appeal, hire a lawyer, cost you even more money to start the process again and/ or have to fight for her re-entry in the country since her B2 will be removed (cancelled without prejudice) from her passport and she will have a 10 year ban from the USA. Unless you want to migrate to her country and live with her so no worries after all!

Like Daru said GOOD LUCK!

[aaydrian]

Rubbish

What Thnos is writing is rubbish. One should not advise if the facts are not known. May be Thnos is from a greek-european country, that does not perclude that he/she is right.

1. Yes ICE/IO can ask a person legal status at the airports, especially international ones. If you are on any Visa/GC you have to have proof of it, but nevertheless it is not easy to deport anyone like that.

2. Since the person, applied for AOS before expiry of her I-94, the I-797C she got serves as legal status till her case is adjudicated by USCIS. No legal force in the whole US can deport her if the person has commited no FELONY. CIMT can be still forgiven and have no outcome on the process.

Why is Thnos giving false misleading information to the public? How can B2 stamping be removed from passport? Absolutely hilarious.

She applied for K3 good for her, God save the people to whom she gives advices on and off this forum

Who is this person to decide what is right and wrong? Filing AOS on any status is recognized in USA as legal, may be Thnos would like to start her own USCIS.

Thnos is just spewing his/her frustration at having to wait 5+ months for a K3 and then coming here to meet the spouse, then when he/she reached here got stumped by the fact that he/she could have come here on a Visa/VWP. I pity this person.

WE NEED LESS IMMIGRANTS LIKE THNOS. My 2 cents. (Please Thnos, DO NOT GIVE MISLEADING ADVISE, AND DONT EVER JUDGE ANY ONE WHO IS RIGHT OR WRONG.) ONE MAY SAY THAT ABANDONING HIS/HER COUNTRY OF BIRTH (LIKE YOURSELF) IT SELF IS AN ACT OF SABOTAGE. THUS YOU HAVE A LOT TO THINK ABOUT MOVING TO THE USA.

[thnos]

What Thnos is writing is rubbish. One should not advise if the facts are not known. May be Thnos is from a greek-european country, that does not perclude that he/she is right.

1. Yes ICE/IO can ask a person legal status at the airports, especially international ones. If you are on any Visa/GC you have to have proof of it, but nevertheless it is not easy to deport anyone like that.

2. Since the person, applied for AOS before expiry of her I-94, the I-797C she got serves as legal status till her case is adjudicated by USCIS. No legal force in the whole US can deport her if the person has commited no FELONY. CIMT can be still forgiven and have no outcome on the process.

Why is Thnos giving false misleading information to the public? How can B2 stamping be removed from passport? Absolutely hilarious.

She applied for K3 good for her, God save the people to whom she gives advices on and off this forum

Who is this person to decide what is right and wrong? Filing AOS on any status is recognized in USA as legal, may be Thnos would like to start her own USCIS.

Thnos is just spewing his/her frustration at having to wait 5+ months for a K3 and then coming here to meet the spouse, then when he/she reached here got stumped by the fact that he/she could have come here on a Visa/VWP. I pity this person.

WE NEED LESS IMMIGRANTS LIKE THNOS. My 2 cents. (Please Thnos, DO NOT GIVE MISLEADING ADVISE, AND DONT EVER JUDGE ANY ONE WHO IS RIGHT OR WRONG.) ONE MAY SAY THAT ABANDONING HIS/HER COUNTRY OF BIRTH (LIKE YOURSELF) IT SELF IS AN ACT OF SABOTAGE. THUS YOU HAVE A LOT TO THINK ABOUT MOVING TO THE USA.

Thank you for the attention, ravi! You are very funny

You are not a lawyer. Neither am I.

I wrote my personal experience with USCIS and the IO during my AOS interview told my husband and me that we were of the very few couples who did this the CORRECT way!
I will be more than happy to give you the contact info and you can write or call immigration and express your utter disgust about their comments towards new residents! How's that?
I dont think you will have a problem seeing how well you behaved in here!

NOH8 !! Peace out!!

P.S. BTW, do you reside in Arizona?

[lionofafrica]

Bouncingimigrant

I speak from personal experience and 10years of being in the State and have travelled to atleast 2/3 of the states in the country. I came to the Us on B2 and with my extensive travels that span over 7 years before legalization, I was never asked for my passport, as long as you have a valid government ID card and you do not stray into Mexico or Canada( I guess you know what I mean).
This issue has been overflogged, so if you mind, go and enjoy your honeymoon and if not stay at home and deprived yourself of historic moments anyway honeymoon can always be postponed.
My friend all you need to fear is fear its self, nothing will happen to your wife or yourself.
This is a land governed by law and order and everything is made public, all you need is to be equipped with knowledge.
You can always consult uscis law on their website or better consult the adjudicator's manual.

Lionofafrica

[hxyvv]

Summary and further question

As long as your I-485 has been filed, you can stay.

One thing I don't quite understand. Was the question of this thread raised because of the concern that traveling to Hawaii for the foreign spouse would be illegal? Was Hawaii considered foreign??????!!!!!!

[daru786]

As long as your I-485 has been filed, you can stay.

One thing I don't quite understand. Was the question of this thread raised because of the concern that traveling to Hawaii for the foreign spouse would be illegal? Was Hawaii considered foreign??????!!!!!!

Folks traveling via greyhound and amtrak are being harassed by the ICE officials. To date they have arrested over 2800 individuals. The problem is the ICE agents, in most cases don't understand the complexity of you case (AOS) and may throw you in a cellar. Several people legal or foreign born US citizens were thrown in jail for over 2 weeks till their issues got resolved.

Good Luck!

[Zirconia]

Hi..just wanna share this..According to the immigration lawyer, if you?re married to a USC and you already filed for I-485 and received a Notice of Action, your stay is legal even if your B2 visa stay has already expired..just bring with you a copy of the Notice of action from USCIS and your passport.

While your I-485 is pending, you cannot travel outside the US.

Hope this helps.