Dear VisaJourney companions (we're all companions in these challenges, are we not?),

My wife entered the country legally on a K-1 visa almost two years ago. We got married within 90 days. Due to various screw-ups and delays on both my part and the government's, we have only just gotten our paperwork together to register for permanent resident status (I know, I know, terrible ). In the meantime she's racked up more than 360 days of illegal time. I know this means that she can't get advance parole for reentry from travel outside the country, before getting her green card. However, I have two questions:

1) Is it safe for her to travel through airports and other official places, without leaving the country, since she is technically illegal now? We'd like to fly to another state but I would like to know if we can expect problems.

2) Is it true that the K-1 visa is one of the few kinds where illegal time does not prevent getting permanent resident status? And when she does get that, a green card & SSN are issued, and then she can travel outside of the country and expect to get back in?

Thank you very much!

For domestic travel the security issue is making sure the name on the ticket matches the name on the ID. Her status in the country is not their concern and will not be an issue. Sorry - not sure about the other stuff.

1) There are no immigration controls for domestic flights.. therefore, they do not care whether or not she is illegal or not... the airlines are not ICE...

2) Since she has accumulated more than 180 days of time out of status, she is subject to a 3-year ban on reentering the US no matter if she has an AP document or not. She should not leave the US for any reason until she has been granted permanent resident status. If you waited for more than a year to file the I-485, the ban becomes 10 years. Time out of status is forgiven for those persons who are adjusting based on a marriage to a USC...

To point 2) from zuggy:
Does "forgiven" means that if I'm adjusting my status based on a marriage to a USC I will be able to travel with the AP document even I'm out of status for more than 180 days?

It is so confusing.

Thanks Anja

Anja,

Even USCIS does not guarantee that you will be allowed re-entry into the country with an AP document if there are circumstances that are grounds for denial of entry (e.g. overstay). That is why, it is always suggested that anyone with a pending AOS application and with more than 180 days overstay should not travel oversees, even with an AP.

No... if one is inadmissibble, then AP will not save you as the overstay is not forgiven until the PR status is granted. Until that point, you are inadmissible to the US and if you left the US and tried to reenter on AP, you would be denied entry...

You would then have to reapply with the added burden of applying for a waiver of inadmissibility..

Your wife is legal. Period, end of sentence. No doubt.

We waited to adjust status, we confirmed and reconfirmed this with USCIS. In fact alot of governmental agencies do not even understand this. Your wife entered legally, got married and complied with the terms of the K1 Visa. No there is no law that says you MUST adjust.

That being said, she has no status except that she entered legally and is your wife. We were advised by the USCIS for Annie to carry her passport, and a copy of the Marriage Cert with us to prove these things Actually, Annie carried copies). Once you file for AOS, I would carry a copy of the receipt notice aswell.

You technically do not need an ID to travel domestically as proven in a previous post, being that your wife has no status, I would carry as much proof as possible to avoid any delays.

and Yes, overstay is forgiven for Family related AOS. Which technically is not related to your case, being that your wife entered legally and met the terms of the K1.

I would not travel out of the country until she receives her green card. Just in case.

She should not travel out of the US period as she accumulated more than 180 days out of status time and therefore is inadmissible to the US.

Hi Zyggy,

Two weeks ago when I went through the security check at a border town airport in Texas with my K1 and recently issued I-94 at the bridge, I asked the border patrol agent who checked my documents if I'd be allowed to fly from that aiport (within the 25mile border) to any other airport in the US (i.e. Dallas or Houston) once my I-94 was expired and my AOS was pending. His answer was that I had to get a new I-94 to be able to do this, even if I hadn't left the US and had a pending AOS. He said that I would not be allowed to board the plane to go beyond the 25 mile limit if I didn't have an unexpired I-94. My question is, what should people do in this situation? Would it be better to show a US drivers license as ID to avoid questioning by the BP agents? what if you don't have a drivers license?

Thanks!

I think you should ignore him - I traveled many times within the US via airplane with an expired I-94 (about 180 days now).