Flying state to state in the us while waiting for AOS

[Missing.him 0]

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

[L & P 0]

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

[Gaby&Talbert 1]

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

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.

[motu 5]

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