Hi there Guys!

My husband and I would like to celebrate our honeymoon, we haven't had the chance to do anything since we got married but now we can and we would like to fly out to San Francisco from Los Angeles.

I'm currently going through AOS and my I-94 is now expired. I do have all my NOAs and I have completed my Biometrics.

Would this be a problem???

On another note. He just got a better paying job, when we filed for AOS he was still at his old one, we never needed a sponsor and he had already filed his taxes. I assume for the interview we can bring the details from his new job as well as a letter from his new employer right. Nothing has really changed from one job he is going straight to the other though...

I would appreciate your opinion and thank you guys!!!

ID checkers check your ID not your immigration status...

If you get interviewed and they ask questions regarding the I-864, be preapared to answer... otherwise unless they ask... don't worry.

Airport security will just look at your picture as ID. I would just have your AOS proof papers as back up.

Yes, you can just update them on the job changes during the processing time. If you even get an interview. We didn't have one.

You don't need to have AOS approved to fly within the US, you can fly any time domestically with your ID or your passport with no problem.

If your husband's previous salary was good enough for AOS, then that's all he needs. But if he wants to take recent pay stubs and a current employer letter to the interview, that wouldn't hurt either.

Diana

This is a very frequent question, Domestic travel is not a problem only international travel. You do not deal with the POE or CBP when traveling domestic.

Bring the new employment details to the interview, but it is doubtful that they will ask about it, they will accept the I-864 as it is at the time of filing.

Not true now. TSA has begun asking immigration status in US airports. And TSA is taking over the ID check portion from the Airports.

THANKS SO MUCH!!! :-)




Thanks so much!




Yes his previous salary was enough but we will take the new paystubs anyways as well as a letter from his new employer just in case :-) Thanks for answering!

http://www.tsa.gov/press/happenings/document_checking.shtm

TSA assumes ID check in Airports

Do you think it will be better to just drive up there instead?

What visa do you have? K1? Let someone chime in on the rules for K1 and what is required for legal staus after the I-94 expires. As long as you are within USCIS requirements you should be fine. TSA is a division of DHS as is USCIS so they will know if you are legal or not by the correct documents.

This is correct, but all they are doing is checking for VALID IDs, and looking for fake IDs, NOT looking for immigrations status. You may want to read through that article.

AOS from VWP or B2 most likely

I entry on VWP and got married spur of the moment and I decided to stay after advised by an immigration paralegal. Crazy but such is love. i had such a great job back in the UK... Oh well...

Would that be an issue? We have filed already for AOS, I got my Biometrics done and my passport is not expired only my I-94.

NO, if they ask just tell them that a green-card application has been filed. If you do have EAD card by then, then use the EAD as ID.

Immigration status is secondary and only after they suspect an issue with the ID

I have all my NOAs and also I have proof my Biometrics are done... My passport is unexpired and I entered the country legally. I'm still waiting for my EAD and all the rest, we are planning to go in a few days tim so i doubt my EAD will come before then... If this will be too much hassle and what not I guess we will drive...

But unfortunately other stories I have read they are also looking for illegals too, since they are a division of DHS they can and will detain people for immigration violations. I will find the articles and post if you would like about TSA catching people for immigration violations. Unfortunately so many people are complaining about illegals, mostly Mexicans that more than just CBP and ICE are looking for illegals. I dont want to get into a debate over illegals but just like to point out that other agencies just might ask for papers to prove you are here legally including state and local authorities if the have been trained by USCIS.



Then you won't have any problems traveling here within the US. You might want to take a copy of your marriage license with you but fly it wont be a problem because you have done everything you are suppose to do.

I'm certainly not illegal, I entered on VWP, and filed for AOS before my I-94 expired.

If you have the NOA1 letter for I-485, then carry that, You WILL NOT have any problems with TSA, just use your expired passport as ID it is still valid as an ID, and if they ask the I-485 NOA1 letter is proof of status, you will be fine.

Now: http://www.visajourney.com/timeline/profile.php?id=46230 If you had this, we would have better known your situation and would have correctly advised you.

My passpor is not expired it is valid until the 2017. What is expired is the I-94...
I have my timeline on my signature. Is it not showing?

What the heck do you call what she has in her signature block? It is fairly detailed TIMELINE!!!!

I wouldn't worry but technically you have not gotten approval. I don't know what USCIS or ICE would do if they stopped you. Even the approved I-130 states on it that it does not give you permission to enter the US or something like that. Only a Visa with an I-94 or a greencard or a stay of deportation or TPS actually give you permission to be in the US.
Let point out that I am against local authorities enforcing immigration laws but because my wife is from Mexico she watches all the news and reads the local hispanic papers we have seen how much they are looking for people who are illegal.

Please be careful and maybe I would drive if I were you. I would get arrested if they tried to take my wife because I would never let them. She came on a K3 so I never had to worry.

Signature blocks can be turned off.

I refer to the the official timelines for information not signature blocks.

Yes, but you chastised for not having a timeline when in fact she did... just because you or other choose to turn off signature blocks does not warrant your reply... maybe it is you that needs to have some sensitivity training

At this point she would be considered an overstay correct? Because her I-94 is expired.

NO She is currently AOS Pending, and has I-485 NOA1 letter to prove this.

OK guys both of you usually always give good advice so please lets look at the topic and think about this. If you adjust status here because you came here as a tourist and you decided to get married after you arrived and you have filed I-130 and I-485 together. Your I-94 expires, what would your status here be considered until you recieve your greedcard?

That is what I thought too, I have my marriage certificate, my 4 NOAs my Biometrics done... I hold an unexpired European passport (citizen from Spain but resident from the UK). I would assume I'm "AOS pending" but if flying within the US would lead me to deportation, I rather not risk it. I'm getting a bit confused.

Thanks so much for all the help though, very much appreciated!

As YuandDan said you are in the "AOS pending" classification

AOS Pending, I-485 NOA1 letter proves this.

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

Anyone can file AOS but it doesn't mean they will be approved does it? NOA1 only means they filed. Even an EWI can file if they marry a US citizen. I am going to call ICE and just see what they say because I would like to know 100%.


but you had proof she met the requirements of the K1 by having a marriage license dated within 90 days of entry.

I got married and filed before the expiration of my I-94, if that helps...

More:
http://www.uscis.gov/files/article/c2_english.pdf

So USCIS considers the NON-Immigrant to be in a holding pattern until they either approve or deny the I-485, only if they deny will "Out of Status" be the case.

You are allowed to remain in the USA until a decision is made on the I-485.

The OP is fine, as long as you bring your NOA to go along with your passport, if asked about immigration status. Just be prepared for it.

Whoever said that TSA is not checking on immigration status is incorrect. Here's my recent experience from another post:

"I ran into a situation just recently (April 1) at a TSA check point (San Jose CA airport). I fly with my foreign passport because my frequent flier programs are all in maiden name. The TSA looked at my passport and asked if I had a visa. I was surprised, and the TSA checker showed me a list of countries and said "unless you are from a country on the list, you must have a valid visa in your passport." I said I was a permanent resident and showed him my PR card, which satisfied the TSA person. He used the "flash light" looking device on my PR card as shown here:
http://www.tsa.gov/what_we_do/layers/tdc/index.shtm

From the TSA link above, it looks like the "Travel Document Checker" program has been going since mid 2007, but it was the first time this was ever mentioned to me. I flew many times in 2007, including out of San Jose with my foreign passport and was never asked for a "visa." Also, on my return flight (Las Vegas), I was not asked about a visa, and just showed my passport."

I checked online and it appears to be a pretty random thing with some airports doing it and some not. Since the OP is from a VWP country, they may not even be asked for a visa, since it's not required for US entry. But if they notice the expired K-1, it would help to have the NOA as evidence of legal status.

I just talked with an ICE officer and he said it is a judgement call on the officer. He said it is possible that you would be detained and USCIS contacted for clarification of the law. There is a risk but he said keep all the papers with you at all times but until you have the interview and they determine that you did not come to the US with intent to marry you can be considered out of status.
Now if an ICE agent who knows immigration enforcement is telling me this I think I would be careful until after you have your interview.

According to the law that youanddan posted because you were not out of status when you filed it helps alot. If asked and you have all the proof that you meet the requirements then you can prove it and the worst that could happen is being detained until you prove to them you meet the requirements. Is your NOA dated before your I-94 expired?

My NOAs are dated like this:

Received date: March 03 2008
Notice date: March 07 2008

My I-94 expired on March 14 2008

Well you meet the requirements from the INA law that youanddan posted so you meet the requirements. I called the ICE officer and you see what he said in my previous post. I think I would drive if I were you just to be safe but it is your call. I hope authorities in your area are nicer than they are around here. We had a mayor that told the police department that he wanted every single illegal out. They have had their immigration training so they will ask for immigration status around here.

Did you notice from the INA law that youanddan posted that you are not eligable for EAD or AP? That you have to wait until you have your greencard to work or travel outside the US.

I don't think that it is entirely true though. otherwise they would have not accepted my applications and also my immigration paralegal would have not advice me to apply....

Now I'm getting really confused...

That document has more to do with adjusting from one NON-Immigrant type to another NON-immigrant type, like Visitor, to NON-Immigrant worker. But the status info applies to adjusting of status from NON-immigrant to immigrant.

Yes they can apply for EAD and AP if they need it.

just carry a drivers license and not your passport, how would they know your status?

I WOULD LIKE TO ADD ON THIS THREAD. IF U GOT MARRIED W/IN THE 90DAYS U ARE SAFE EVEN IF UR I-94 EXPIRED..BUT U CAN ONLY TRAVEL W/IN THE U.S NOT INTERNATIONALLY. BUT MAKE SURE UR PASSPORT ARE STILL VALID THOUGH................BUT WITH REGARDS TO YOUR POST, YOU ARE SAFE, BUT MY ADVISE ONLY IS WHEN U TRAVEL TO ANY OTHER STATE MAKE SURE U DO ALWAYS BRING UR DOCS W/ YOU LIKE MARRIAGE CERTIFICATE AND ANY OTHER DOCS THAT COULD PROVE THAT YOU ARE HERE LEGALLY....IT SO HASSLE BUT BETTER BE SAFE THAN TAKE THE RISK...JUST MY 2CENTS....GOODLUCK!

Unfortunately I don't have a driver's license ;-)

Thanks again! I'm not even leaving the state just going to a different city and we were thinking about flying instead of driving ;-)

OK, I think this topic has been sufficiently beat down.

Have a nice trip north what ever you do.

Thanks so much once again! ;-) I really appreciate the help, and hopefully my husband ad I will be able to finally have our honeymoon! :-)

HI AGAIN....SORRY FOR NOT READING CAREFULLY TO YOUR THREAD. YOUR STORY IS THE SAME TO THIS GUY WHO GOT MARRIED BUT HER I-94 IS EXPIRED (JUST RECENTLY GOT MARRIED) I READ IN ONE OF THE FORUM IN WOF. THEY TRAVELLING BACK FROM CALIFORNIA TO CAMERON,TEXAS FROM HONEYMOON....AND THEY DRIVE I GUESS,AND PASSED THIS BORDER AREA, THE BORDER PATROL FOUND OUT THAT THE WIFE'S I-94 EXPIRED. THEY DETAINED HER FOR COUPLE OF DAYS. BUT ANYWAYS TO MAKE THE STORY SHORT, SHE WAS BONDED (BIG TIME!) THRU IMMIGRATION LAWYER,AND SHE WAS HOME SAFE NOW WITH THE HUSBAND...BUT STIL THERE CASE WAS STILL BEING REVIEWED. I GUESS BETTER BE CAFEFUL RATHER THAN TAKING THE RISK IN TRAVELLING. AS LONG AS U HAVE ALL THE PAPERS W/ U WHEN U TRAVEL NO NEED TO PANIC I GUESS..........JUST MY 2CENTS...