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Air travel while AOS is pending

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I was wondering if I could get some advice about traveling within the US while my wife's AOS is pending.

My wife and I filed for AOS yesterday, but it was one week after her I-94 expired.

We're due to fly to Colorado in August and we should have a receipt from the USCIS by then, but is it possible that she could run into trouble with airport security because she was out of status for a few days? Keep in mind that we're traveling within the US, not overseas.

Any advice wold be greatly appreciated... we're really confused as to whether or not it's safe to go on our trip and I'm really worried that she'd be deported if we chose to travel. Also, if it is unsafe for her to travel by plane, would we be safe to travel by some other means (bus, train)?

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My reading is that the NOA1 for your adjustment is proof that your wife's status is in fact "pending" which is where she derives her legal status in the country.

Yes, there are some horror stories out there, but I think in general most people make it through ok.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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You should have no problems/issues traveling domestically - while CBP officers are usually stationed at airports, they're not usually found checking I.D. on domestic flights and even if they do, her NOA1 should be proof enough of being in a non-illegal status. (Plane is fine.)

Bring the NOA1 and copy of the marriage certificate just for piece of mind. :thumbs:

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Your fine unless you happen to live in Hawaii or Alaska.
What is the problem with those states?

As long as flights are DOMESTIC you are fine, Flights from HI and AK to the other 48 states ARE DOMESTIC!

You can also add Puerto Rico, filigts to and from there are also domestic.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

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Your fine unless you happen to live in Hawaii or Alaska.
What is the problem with those states?

As long as flights are DOMESTIC you are fine, Flights from HI and AK to the other 48 states ARE DOMESTIC!

You can also add Puerto Rico, filigts to and from there are also domestic.

I concur with this question??

We are possibly planning to holiday in Alaska in August. If so, we will specifically fly there, to avoid driving through Canada, because my wife may not have AP by then. What is the problem with domestic air travel from Oregon to Alaska, with only the NOA as proof of status?


------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

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I flew to Kona in Hawaii when going through AOS a couple of years back.

In short if all you need for the flight is your DL they have no interest in looking at things like status or AOS status.


AOS Application

AOS posted 5/30/2007

AOS arrived in Chicago 6/1/2007

NOA1 rcvd 6/11/2007, dated 6/6/2007

AOS/EAD/AP touched 6/10/2007

AOS/EAD/AP touched 6/11/2007

Rcvd AOS/EAD Biometrics appt. letter 6/19/2007

I130/EAD/AP touched 6/24/2007

AOS/EAD Biometrics appt. 7/6/2007

AOS/EAD touched 7/6/2007

AOS/EAD touched 7/9/2007

AP touched 8/14/2007

AP touched 8/15/2007

AP touched 8/16/2007

EAD approved 8/20 EAD Approved

Rcvd AP in post 8/22/2007 AP Approved

AOS Interview 9/26/2007

AOS Approved 9/26/2007

I-751 Petition to Remove Conditions of Residence

I-751 mailed 07/06/09

I-751 arrived VSC 07/07/09

NOA1 dated 07/07/09

Biometrics 08/13/0

I-751 Approval 12/10/09 I-751 Approved

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I flew from Anchorage once when I was younger with my parents and the plane got redirected to Calgary and I had to spend the night. I remember going in and out of Canadian/US customs (this was when a passport wasn't necessary). I know its very rare, but domestic flights that cross international waters/or foreign territory can be redirected because of mechanical problems or weather.

I don't know, maybe there is a special plan for this if it happens.

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You know i'm probably being overly nitpicky. Since the new passport rules with Canada they must have a plan to allow people to reenter the US in such a situation as they may not have passports on them.

My experience is dated, and probably not the case anymore.

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You know i'm probably being overly nitpicky. Since the new passport rules with Canada they must have a plan to allow people to reenter the US in such a situation as they may not have passports on them.

My experience is dated, and probably not the case anymore.

Its likely they keep you either on the plane, or in an isolated room where you can't leave except to re-board the plane. I imagine a lot of Americans on Alaska or Hawaii to mainland flights don't have passports.


------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

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I flew from Anchorage once when I was younger with my parents and the plane got redirected to Calgary and I had to spend the night.

That's exactly what occurred to me when I was reading down this thread. Flying to Hawaii isn't wouldn't be problematic since there aren't exactly many intervening countries you could be directed to :P but flying to AK, there's always the risk, no matter how small that the flight will be diverted to a Canadian airport and then there's the possibility for a world of problems when you attempt to re-enter the USA... Given that it's probably an incredibly rare situation, you'd have to wonder if any procedure is in place for handling an 'unintentional exit' from the country?

Heck, imagine flying to Puerto Rico without AP and finding yourself unexpectedly diverted to Cuba. Now that could be tricky! :o


Adjustment of Status from K-1 (Very abridged version)

05/20/08 - POE: Chicago O'Hare

07/18/08 - Married

08/30/08 - I-485/I-765 mailed...

03/17/09 - Card production ordered (no notification received!)

03/26/09 - Green card received (196 days)

Removal of Conditions

02/15/11 - I-751 mailed to VSC...

02/22/11 - NOA1 (received 03/03/11)

04/04/11 - Biometrics appt (notice received 03/19/11)

08/22/11 - * * * t u m b l e w e e d s * * * (T+6 months and counting)

09/20/11 - Service Request #1

10/26/11 - Service Request #2

11/29/11 - Interview @ Atlanta Field Office - Approved & I-551 stamped

12/07/11 - Card production ordered

12/10/11 - Green card received (293 days)

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