US Travel During AOS period and I-94 Expired

[Fall_Guy 0]

Once the adjustment of status has been submitted and I-94 (90 days) expires what proof does one have that they are legally in the United States?

I have to drive through and immigration check point in south Texas (Falfurrias- do not confuse this with the US border) and my wife's I-94 time period is expired. We have submitted all the paper work for adjustment of status and now seem to be in a gray area where paper work is filed but we have no proof of legal status in the US.

This would also apply to Airline travel as the Visa on the passport indicates it is expired.

[Ontarkie 13,902]

~~Moved to Working & Traveling During US Immigration, from K-1 Fiance(e) Visa Process & Procedures~~

[keshalaurent 0]

That means she has no status as of now since the I94 expired. You need to wait for her GC.

[Hypnos 6,576]

As soon as you have the NOA receipt for your I-485, you should carry a copy of it as proof that your wife's I-485 had been filed.

Edited July 31, 2014 by Hypnos

[Ian H. 207]

For airline travel you don't need to go through immigration checkpoints if the flight is within the US. The passport would suffice for travel within the country. As for the immigration checkpoint in Texas, what exactly is it? I have never heard of an immigration check point within the country.

[Hypnos 6,576]

There are some internal CBP checkpoints within 100 miles of the border mostly in southern states, particularly Texas.

Somehow they are legal.

[Ian H. 207]

That's ridiculous, they should be doing their job at the border. What if I'm in a car with other people, we get stopped and I don't have any ID on me? I would sue if I was detained under the presumption of being here illegally, USC's don't have to carry ID.

As for the OP even though you filed for AOS, that makes your wife in a period of authorized stay, I wouldn't risk traveling with the NOA1. That may not be accepted as some of these officials may be unaware of this. Traveling by air, you should be fine because the people that check for the passports are not CBP. They are TSA and only require a valid photo id, which is why you can use a DL or state ID to travel within the US instead of a passport. Since there is no immigration checkpoint, this way would be best for you to travel.

[Fall_Guy 0]

Yes, that's correct, there are border patrol checkpoints approximately 100 miles in the state on every highway that leads in from Mexico in Texas. Last time I passed there, we were pulled over and spent 30 minutes answering questions becuase the border patrol agent was fixated on the fact that the K1 showed expired (it's expired at entry). The I-94 finally helped resolve that issue.

So my concern now is that I no longer have a valid I-94.

I also seem to recall that the agent at the airline looked at the passport and then looked for her visa before we were issued our boarding pass prior to the TSA security checkpoint.

New to me from this thread is that I do get some kind of receipt from I485 submittal? I didn't see any mention of that on any of the guides and the time span for green cards could be long.

What is a PO? There are many acronyms on this site and they have been hard for me to find.

There are some internal CBP checkpoints within 100 miles of the border mostly in southern states, particularly Texas.

Somehow they are legal.

[Ian H. 207]

Just looking at her visa shouldn't be a problem. The airline employee should be aware that she is a K1 and that this status expires in 90 days. They shouldn't be concerned with the visa or the I-94 being expired because she is not leaving the country. She is traveling within the country and they should not question the validity of the visa or the I-94.

You can carry a copy of the marriage cert to prove that you married within the 90 days. It would also help that you carry the NOA1 for the I-485. However, she can't be detained at the airport by the airline staff, she does run that risk if she goes through the checkpoint.

[kehills 217]

If you can't get around going through the checkpoint and you don't have the combo EAD/AP, I'd consider carrying a full copy of your entire AOS packet, including all letters received about case status. I wouldn't travel without having your notice of receipt of the AOS packet. I'd consider trying to expedite her EAD/AP, as well. (And given where your wife appears to be from, I'd probably carry the EAD/AP and copy of AOS packet and notification letters.)

As long as you are traveling within the United States, she can travel on her VISA; it's still valid identification. THAT SAID, if you're flying through one of the border state airports, CBP is there along with TSA, and you'll probably want to have all of the above stuff with you. :/

Luck.

[verysadguy 170]

For airline travel you don't need to go through immigration checkpoints if the flight is within the US. The passport would suffice for travel within the country. As for the immigration checkpoint in Texas, what exactly is it? I have never heard of an immigration check point within the country.

Yes and no. These are not actual immigration checks but my airport for instance has a CBP agent at the boarding gate of every flight screening passengers. It is not an official entry in to the USA checkpoint where your presence on entry is logged.

The same holds true for highway checkpoints in California, AZ, NM, and TX. They can and do have the authority to stop you and question you and SEARCH you if they have probable cause. FACT and LEGAL. Sue whomever you want, but you will be 99.99% of the time wasting your time and money.

You might think Obama is your friend but CBP has tripled in size and removal statistics are huge regardless of what you hear on the news.

[Girl from Celebes 588]

Not everyone including government employees understand the whole immigration process. I had to explain to the lady at SSA office and a female officer at military base regarding my K-1 visa that unfortunately they'd checked as a valid identity to stay legally in the US which is not true since K-1 visa is void after entered the US soil and my legally present started ticking from the first day I came to the US up to 90 days on I-94 form.

My husband and I have plan to travel inside the US to visit my mother-in-law in September. I am going to bring my NOA-1 for I-485, NOA-1 for I-765, marriage certificate, and biometric appointment letter with me. I am aware not all people will understand the process and I am ready to explain to them my legal status in the US.

[S_R 148]

Do not drive through Texas without the NOA receipt. I live in Texas and these guys are really not the patient type when it comes immigration issues. I would fly if that's financially possible.

[Fall_Guy 0]

Thank you all for your informative replies. We are traveling to California on the 25th of August by air. As of now we do not have an NOA1 receipt for the I-485.

We just went to the DMV (department of motor vehicle) to change the name on her drivers permit and they turned us away because her K-1 shows that it's expired. I informed them the purpose of that expiry date on the K-1 was for ENTRY into the USA, not for her stay here but it fell on deaf ears.

She does have a driving permit as a Texas photo ID (although it's expired) and we will try to use that at the airport instead of the passport. I travelled last week with an expired drivers license (recent birthday) and they told me an expired license was good for travel up to one year from expiration date.

I pray that we won't have any issues. We have considered canceling the trip out of fear but we have not done that yet.