Jump to content
Sign in to follow this  
Missing.him

Flying state to state in the us while waiting for AOS

4 posts in this topic

Recommended Posts

Filed: Country: United Kingdom
Timeline

Strange question and not sure if the right forum

My husband and I married 3/30 while he was here on VWP

his i94 expired 4/13 we sent the AOS packet out on 4/10 and it was signed for the 11th

my question is we were offered a free flight and from NY to Myrtle Beach this weekend and not sure if he can fly because they check your passport and it will show he is out of status right? Can they deport him or anything for that? I do not want to take any chances obviously and have him sent back to England

Thanks everyone


David and I met online December of 2006 and spent a year getting to know each other online and with visits! He proposed to me July 2007 onstage at my Favorite bands (candlebox) concert in Florida .We found out we were expecting a child January 31st sadly due to an ectopic pregnancy we lost the baby and almost lost me as well on February 8th. We then decided to get married if my long and drawn out divorce finalized before David was due to go back on April 13th

Divorced finalized March 20th

3/30/2008 MARRIED !!!!

4/11/2008 I 130 , I 485, 1765 and I131 Mailed to Chicago Lockbox

4/21/2008 first NOA for everything

5/17/2008 RFE for Affidavit of support

5/20/2008 mailed in response to RFE

5/22/2008 Biometrics

6/10/2008 EAD Card production ordered!!!!

6/10/2008 I131 Approved YAY we can visit England again!! (nobody from there could make our short notice wedding)

10/28 Interview date

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline
Strange question and not sure if the right forum

My husband and I married 3/30 while he was here on VWP

his i94 expired 4/13 we sent the AOS packet out on 4/10 and it was signed for the 11th

my question is we were offered a free flight and from NY to Myrtle Beach this weekend and not sure if he can fly because they check your passport and it will show he is out of status right? Can they deport him or anything for that? I do not want to take any chances obviously and have him sent back to England

Thanks everyone

Did you file for K3 or AOS? I hope I am wrong but I think you can only file for AOS once K3 is approved and that if I94 has expired your husband is in the US illegally. Myself and my SO wanted to get married when I was in the US on VWP over Christmas but then we would have had to abandon K1 visa (fiancee visa) to do K3 and I would still have had to go back to England at expiration of VWP

(F)


Laurence

10/15/2007 NOA1

04/29/2008 RFE by email

05/03/2008 RFE hard copy received

Reply to RFE sent 05/05/2008

RFE received at CSC 05/06/2008

NOA2 05/15/2008

NOA2 hard copy 05/19/2008

Packet 3 received 06/09/2008

Packet 3 completed and sent 06/10/2008

Medical 06/11/2008

Packet 3 received @ Embassy 06/12/2008

Packet 4 07/03/2008

Interview 07/17/2008

POE 07/31/2008

Wedding 08/08/2008

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Mexico
Timeline
Strange question and not sure if the right forum

My husband and I married 3/30 while he was here on VWP

his i94 expired 4/13 we sent the AOS packet out on 4/10 and it was signed for the 11th

my question is we were offered a free flight and from NY to Myrtle Beach this weekend and not sure if he can fly because they check your passport and it will show he is out of status right? Can they deport him or anything for that? I do not want to take any chances obviously and have him sent back to England

Thanks everyone

Did you file for K3 or AOS? I hope I am wrong but I think you can only file for AOS once K3 is approved and that if I94 has expired your husband is in the US illegally. Myself and my SO wanted to get married when I was in the US on VWP over Christmas but then we would have had to abandon K1 visa (fiancee visa) to do K3 and I would still have had to go back to England at expiration of VWP

(F)

No you can adjust status here in the US by filing both the I-130 and I-485 concurrently. The question you have about if he can be sent back is a gray area. It does say that if you file before he is out of status he is considered to be allowed to stay in the US until his interview. You will need to make sure he has with him at all times prove that he filed before his I-94 expired like the NOA1 with a receipt date before the expiration of his I-94.

I actually called ICE and asked them this question and he told me that most likely this person would be detained until they got clarification from USCIS that this would be allowed and not considered for deportation.

TSA has taken over ID checks in all airports to verify ID's and if they suspend someone is here illegally they can and will ask for papers proving immigration status.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

If he has a driver's license then use that for ID purposes when flying - no need to use the passport. Passport is required for traveling overseas but inside you just need a state id like a drivers license. Good Luck


2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...