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supranatural

Can my wife travel within US on expired K-1 Visa?

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Okay I have a sticky question here. I married my wife about 3 days before the expiration of her K-1 visa so we are good there. However I am in the middle of completing and sending in her AOS and Advance Parole. We want to take a trip to the Grand Canyon to celebrate our marriage (i.e. honeymoon)...the last time we traveled within the US the ticket counter checked her ID which was her passport and K-1 Visa. Now of course her K-1 is out of status...will tihis present a problem for her to travel within the US?

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Hi supranatural! As far as i can remember they won't mind your wife's status. If they check her ID, it is just usual for security purposes in all establishments. If you're just going on a trip in the US you don't have to fear about her being picked up by authorities. She's good to go, also to be sure might as well file all her papers first before you go on a trip because once the USCIS receives the paper, they will give you a receipt and that can be her form of ID. As far as my experience is, when i went to my honeymoon trip around here, they didn't have to ask me for my ID. I hope this helps a little and if you need more help, just give me a buzz. Goodluck and Congratulations! :D


May 9, 2005 - Arrived in the US

Jun. 18, 2005 - Got Married

Jul. 28, 2005 - AOS and EAD submitted

Aug. 3, 2005 - INS receipt

Aug. 7, 2005 - Received NOA 1

Nov. 16,2005 - AOS Biometrics

Jan. 23, 2006 - AOS Interview (Approved with stamped passport)

Jan. 25, 2006 - E-mail confirmation from USCIS (application approved)

Jan. 27, 2006 - Received the Welcome to America Notice

Feb. 1, 2006 - E-mail Notice from USCIS to send Green Card (Yipeeee)

Feb. 3, 2006 - Received my Green Card (Two Year GC....Woohoo)

Jan. 23,2008 - File for Removal of Conditional Status

Jan. 30,2008 - Received NOA 1

Feb. 23, 2008 - Biometrics

Dec. 6, 2008 - Received RFE paper

Dec. 18, 2008 - Submitted documents thru Postal Mail.

Jan. 6, 2009 - Card Production Ordered (Yipee....light at the end of the tunnel!!!!)

Jan. 12, 2009 - 10 Year Greencard Received (Thank God!)

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Okay I have a sticky question here. I married my wife about 3 days before the expiration of her K-1 visa so we are good there. However I am in the middle of completing and sending in her AOS and Advance Parole. We want to take a trip to the Grand Canyon to celebrate our marriage (i.e. honeymoon)...the last time we traveled within the US the ticket counter checked her ID which was her passport and K-1 Visa. Now of course her K-1 is out of status...will tihis present a problem for her to travel within the US?

Did you marry before the expiration of the I-94? In other words, did you marry within 90 days of her entering the US on the k-1 visa? That's what matters.

Why would the ticket agent check her visa? Once used to enter the US, it's no longer valid. I guess he wanted to see the cool colors. ;) He wasn't checking it for validity or anything. She can travel as long as she has an ID (passport). You definitely want to have your marriage certificate to show that you married within 90 days of her arrival and she's not illegal. And if you didn't marry within 90 days, then you have bigger problems that figuring out if she can travel.

BTW, was your K-1 Visa approved in 21 days? :o

:time:

Edited by kid brooklyn

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Okay I have a sticky question here. I married my wife about 3 days before the expiration of her K-1 visa so we are good there. However I am in the middle of completing and sending in her AOS and Advance Parole. We want to take a trip to the Grand Canyon to celebrate our marriage (i.e. honeymoon)...the last time we traveled within the US the ticket counter checked her ID which was her passport and K-1 Visa. Now of course her K-1 is out of status...will tihis present a problem for her to travel within the US?

The K-1 became essentially null and void upon entrance to the USA since it is a onetime use document. The I-94 is the document that conveys legal status.... However at present if you are asked, you do not have anything to present that conveys legal status until such time as you have applied for adjustment of status.


YMMV

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Okay I have a sticky question here. I married my wife about 3 days before the expiration of her K-1 visa so we are good there. However I am in the middle of completing and sending in her AOS and Advance Parole. We want to take a trip to the Grand Canyon to celebrate our marriage (i.e. honeymoon)...the last time we traveled within the US the ticket counter checked her ID which was her passport and K-1 Visa. Now of course her K-1 is out of status...will tihis present a problem for her to travel within the US?

Did you marry before the expiration of the I-94? In other words, did you marry within 90 days of her entering the US on the k-1 visa? That's what matters.

Why would the ticket agent check her visa? Once used to enter the US, it's no longer valid. I guess he wanted to see the cool colors. ;) He wasn't checking it for validity or anything. She can travel as long as she has an ID (passport). You definitely want to have your marriage certificate to show that you married within 90 days of her arrival and she's not illegal. And if you didn't marry within 90 days, then you have bigger problems that figuring out if she can travel.

BTW, was your K-1 Visa approved in 21 days? :o

:time:

Yes, we married within 90 days of her entry.

And yes, the Visa was approved in something like 19 days IIRC. It was very fast.

Thanks to all for the replies.

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I might be wrong but I thought that you had to file the AOS while her visa was still valid otherwise you will incur a fine. I thought it was not just that you married within the 90 days but that you had to file for the AOS. The receipt they give you once you file the AOS is the only paper that validates her continued stay in the US.

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You can file for AOS at any time after the marriage. It does not have to be while the I-94 is still valid. The marriage needs to take place before the I-94 expires but filing for AOS does not - although it is best to do so if you can as it makes sure you maintain a valid status. There is no fine if you do not file for AOS within the 90 days as well.

I have flown internally using my passport as identification and all they look at is the identification page - not the page that has a visa or anything else. Your wife should be perfectly fine travelling within the US using her passport - they aren't looking at it as an immigration document but as an identification document.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

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Okay I have a sticky question here. I married my wife about 3 days before the expiration of her K-1 visa so we are good there. However I am in the middle of completing and sending in her AOS and Advance Parole. We want to take a trip to the Grand Canyon to celebrate our marriage (i.e. honeymoon)...the last time we traveled within the US the ticket counter checked her ID which was her passport and K-1 Visa. Now of course her K-1 is out of status...will tihis present a problem for her to travel within the US?

I traveled a few times with my expired K1 visa but I 94 was still valid. Once the officer at the airport security check-point stopped me and told me to wait as he saw my visa was expired. I said my I 94 was valid and I would adjust the status soon. Anyway he said he wanted to check it first then took my passport to ask his chief and gave it back to me. When we kept waiting, my husband was worried. He's afraid I might have the trouble... I knew it's gonna be all right. When we were back home, he told me to start to AOS right away. :D I think if we meet the officer who doesn't know about this, it might be frustrated us sometimes.


.png

K1 AOS Timelines

04 Oct 07.....Get a K1 visa

28 Feb 08.....Arrive USA (SFO, CA)

04 Mar 08.....Marriage Registration

16 May 08.....File AOS Application to Chicago

18 May 08.....Package was received

27 May 08.....NOA ( I-485,I-765)

30 May 08.....NOA ( I-131)

04 Jun 08.....Receive biometrics appointment

13 Jun 08.....Biometrics appt at Grd Rapids at 10 a.m.

09 Sep 08.....Get Welcome Notice by mail

13 Sep 08.....Receive Green Card by mail

REMOVING CONDITIONS

16 JUL 10.....File I-751 to CSC

19 JUL 10.....Package was delivered

23 JUL 10.....Receive NOA (Date of NOA 07/19/10)

02 AUG 10.....Receive biometric appointment

10 AUG 10.....Biometric Appointment at USCIS Grand Rapids, MI (8:00 am)

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You should be fine within the country! Congratulations!

I would hope that they are fine now.... You are posting on a thread that is over five (5) years old!!!


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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You should be fine within the country! Congratulations!

This thread is 6 years old, and the OP has not been on VJ for the last 3 years.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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