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Traveling within USA after 90 days

By fluffy bunny in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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fluffy bunny Newbie

fluffy bunny   0

Posted
Filed: K-1 Visa Country: Russia
 Timeline
Posted

Hi! I need help. I came to USA on April 3, 2010 and got married within 90 days. Soon will be 180 days since I'm in USA but I didn't apply for green card yet. I will have to fly in September within USA because we are moving to another state. My question is if security at the airport could stop me because my visa expired and I don't have green card? Did anybody have such expirience? Thank you for help!

William33 Veteran

William33   110

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted (edited)

Hi! I need help. I came to USA on April 3, 2010 and got married within 90 days. Soon will be 180 days since I'm in USA but I didn't apply for green card yet. I will have to fly in September within USA because we are moving to another state. My question is if security at the airport could stop me because my visa expired and I don't have green card? Did anybody have such expirience? Thank you for help!

Generally speaking, domestic travel should not be a problem if proper ID (passport) matching your ticket is presented for security screening.

Of course, this will depend on location. For example and given the current issues with document scrutiny in Arizona, it might present a problem if you land or transit there.

Personally, I would limit unnecessary travel, until you have "AOS" processing documentation in hand. Your mileage may vary.

Edit to add: The risk is low, depending on locations. Can you elaborate on locations?

Edited by William33
RICARDO4EVA2 Mentor

RICARDO4EVA2   199

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

You'll be fine with inter country travel.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Boiler Grand Master

Boiler   48,076

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

It does not happen very often, but it has happened.

Odds are low, consequences are nasty.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   48,113

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
You'll be fine with inter country travel.
No one can assure this with 100% authority. CBP/ICE agents have been known to hang around TSA checkpoints at certain airports. Follow William's advice and limit your domestic travel until you have at least your AOS NOA1 in hand.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

RICARDO4EVA2 Mentor

RICARDO4EVA2   199

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Then avoid "ice" I'll leave it as is.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

foxxiroxxi Apprentice

foxxiroxxi   2

Posted
Filed: AOS (apr) Timeline
Posted

I've been traveling twice a month every month since april of this year with my passport. I had an expired visa etc etc. what i've noticed was that the officers @ security check point only check your name and picture and makes sure the name matches the ticket. they do not look through your passport. all they're looking for is valid ID when its domestic. don't worry about it.

Boiler Grand Master

Boiler   48,076

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Most Drivers exceed the speed limit.

Most Drivers do not get caught.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

1HappyGuy Proficient

1HappyGuy   45

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
 Timeline
Posted

As was said earlier, make sure your identification matches your ticket. You should not have any problems. If you have a current driver's license from California or a California ID card, you can use that too. If you are really worried about it, rent a car and drive to Utah. It's not that far and a pretty nice trip once you get through Nevada. :lol:

KBcrand1 Explorer

KBcrand1   1

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
Posted

As was said earlier, make sure your identification matches your ticket. You should not have any problems. If you have a current driver's license from California or a California ID card, you can use that too. If you are really worried about it, rent a car and drive to Utah. It's not that far and a pretty nice trip once you get through Nevada. :lol:

I would suggest getting the ID card if possible. That should be relatively quick to get. I don't know what documents you need to take with you to get that, maybe passport, birth cert. but I would think you would have less of a chance catching up with ICE at the DMV as opposed to the airport.

Engaged : 11/25/2009

Married : 02/12/2010

I-130 NOA 1: 03/21/2010

RFE : NONE

I-130 NOA 2 : 7/19/2010 (no touch's, no emails, no text notifications) Received Hard copy in mail 7/26 2010.

NVC Received : 8/02/2010

AOS Bill : 8/03/2010 ( Received Via Email after calling on 8/2/2010 )

Paid AOS Bill : 8/04/2010 ( Paid Invoice electronically )

AOS shown as paid : 8/05/2010

Mailed DS-3032 : 8/05/2010

Mailed I-864 pkg : 8/06/2010

NVC Receive i-864 : 8/09/2010

NVC Receive DS-3032 : 8/09/2010

IV Bill (available for pay): 8/20/2010

IV Bill Paid : 8/20/2010

IV Bill Shows Paid! : 8/23/2010 (just waitin for the docs from my wife now) should be here next week!

IV Package Sent Finally: 9/04/2010 (due to arrive 9/7)

Received checklist : 9/06/2010 (they are looking for the IV package) hmmm, ummm, I KNOW! So was I!

IV Package on AVR : 9/10/2010

Received Checklist 9/28/2010 (said PCC not in correct format)

Case Complete 10/13/2010 ( have not received replacement PCC from wife yet to send into NVC, How can this be?) I'm not complaining!

Interview 11/08/2010

PS As of 9/11/2010, USCIS website still not updated, shows NOA-1 date and... blah blah blah. don't count on them folks.

Boiler Grand Master

Boiler   48,076

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You always need your passport. Unless you have a GC or are a USC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JimVaPhuong Veteran

JimVaPhuong   4,865

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I did some hunting yesterday after first seeing this thread.

TSA does not routinely check the immigration status of passengers traveling domestically. They DO look for indications that the identification they've been presented is not kosher. There have been dozens of cases where illegal immigrants have been caught because their identification was expired, fake, or manipulated, and TSA called ICE to examine the immigration related documents.

Read some of the cases here:

http://www.tsa.gov/what_we_do/layers/tdc/index.shtm

Whatever you use for identification, make sure it's not expired, it's in good physical condition, and the photo clearly looks like you. If there's anything about your identification that might make it questionable then TSA is likely to dig deeper, and that's when you might face problems.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Boiler Grand Master

Boiler   48,076

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The first one mentions a passport with an expired I 94.

I have certainly seen at least one case on one of these forums from somebody who this happened to.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

William33 Veteran

William33   110

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

The first one mentions a passport with an expired I 94.

I have certainly seen at least one case on one of these forums from somebody who this happened to.

Excellent point and that is why I suggested that the traveler avoid unnecessary movement by airline.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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