documents to travel to AZ while AOS is pending

[newlyweds2010 208]

I will probably have to drive through AZ in a week or so. I just submitted my AOS documents three days ago, and am currently waiting for my NOA.

My I-94 in the meantime expired. I have a copy of my marriage certificate and in any case I want to wait to receive the NOA before even packing the car.

Will it be enough in case we get stopped?

[TBoneTX 45,524]

If you leave before you receive the NOA, simply carry with you a copy of the cover-letter that you sent with the AOS filing (and, ideally, a copy of the $1,010 check -- you copied these, right?). Until my wife got her green card, I made sure that she had -- with her, at all times -- the most recent copies of whatever paperwork there was. The "interim" cover-letter + check, along with your marriage certificate, would be more than enough and would probably blow away any non-CBP officer who tried to question your status, si man.

[K and L 27]

Most of SB1070 was ruled unenforceable when L and I were living there. I wouldn't worry too much if you're driving. Don't spend too much time hanging out in the parking lot of home improvement stores, don't speed/run red lights/etc, and you should be fine.

And let's be real: you're from Italy. They wouldn't hassle you anyway. If you're worried, Tx's suggestion is sound - the cover letter, your marriage certificate, your passport, and if you have a tracking receipt from sending your AOS (tracking info from USPS or what have you) that's just gravy.

Edited August 29, 2010 by K and L

[K and L 27]

Clarification: I was referring to the things that people were most concerned with (namely, that any police interaction could have immigration status brought up if there was a 'reasonable suspicion' of illegal presence); the federal courts ruled that it held only for arrests, and applied to all arrests. So, if you're not arrested, you should be good to go. But do be aware that CBP has random border checks throughout the southwest (CA, AZ, NM, TX) within 100mi of the border. Having those documents with you will help you if you find a CBP border check - which is FAR more likely than being pulled over for speeding and having your documentation demanded by the sheriff.

Edited August 29, 2010 by K and L

[newlyweds2010 208]

Thank you for your reply.

@ K and L:

Yeah I was thinking about both situations. Consider that we live in Chula Vista, a suburb of San Diego from which you literally see the border. And we see border patrol vehicles (those with the "cage" in the back) almost every day. This said, to us driving to AZ would mean taking the 8 east which passes by Yuma, where there is a CBP check point all the time.

@TBoneTX:

I do have those copies, and by then hopefully I will also have my NOA. I should be good to go, right?

[TBoneTX 45,524]

I do have those copies, and by then hopefully I will also have my NOA. I should be good to go, right?

Si, man!

[Robert B 1]

Clarification: I was referring to the things that people were most concerned with (namely, that any police interaction could have immigration status brought up if there was a 'reasonable suspicion' of illegal presence); the federal courts ruled that it held only for arrests, and applied to all arrests. So, if you're not arrested, you should be good to go. But do be aware that CBP has random border checks throughout the southwest (CA, AZ, NM, TX) within 100mi of the border. Having those documents with you will help you if you find a CBP border check - which is FAR more likely than being pulled over for speeding and having your documentation demanded by the sheriff.

I don't know how it is between NM and AZ, but every time I go to CA there is a border patrol check.

[K and L 27]

I've never gotten one at the NM-AZ border. Actually, I've never gotten one on the 10 before in AZ, and the 40's too far north.

[newlyweds2010 208]

ok, so tomorrow morning we are leaving to NM. In the meantime, no signs of life from USCIS: in a week no check cashed, no emails sent, no NOAs.

At this point I'm a little scared to drive and get stopped at CBP check points, because all I have to prove that I submitted my AOS is a copy of my cover letter (that in the suspicious eyes of a CBP officer could be deemed phony), and a copy of my check (same).

The UPS receipt generically says "Chicago" and doesn't even show my name.

I'll bring a copy of my marriage certificate, although that only shows that I am married to a USC (within 90 days upon entry into the US with a K-1 visa, to be precise...).

Am I too paranoid to be worried?

[JimVaPhuong 4,863]

ok, so tomorrow morning we are leaving to NM. In the meantime, no signs of life from USCIS: in a week no check cashed, no emails sent, no NOAs.

At this point I'm a little scared to drive and get stopped at CBP check points, because all I have to prove that I submitted my AOS is a copy of my cover letter (that in the suspicious eyes of a CBP officer could be deemed phony), and a copy of my check (same).

The UPS receipt generically says "Chicago" and doesn't even show my name.

I'll bring a copy of my marriage certificate, although that only shows that I am married to a USC (within 90 days upon entry into the US with a K-1 visa, to be precise...).

Am I too paranoid to be worried?

You're not being paranoid. You're being sensible.

I would be a little worried too, if I were in the same position. Until your I-485 has been accepted by USCIS, you are out of status. There are CBP officers all over the state of Arizona, especially in the southern half of the state. The nightmare scenario would be an encounter with CBP where they decide to put you in detention because you're out of status. None of the other documents you've got are proof of lawful presence. People recommend bringing your marriage license because, based on other VJ cases, this has been enough to convince CBP that someone is eligible to adjust status and get them released from detention. It doesn't necessarily have to go down like that, though. It's within their legal authority to hold you for deportation.

Personally, I wouldn't go within 100 miles of a US border, especially the southern border, without the receipt notice from the I-485.

[amykathleen2005 441]

You're not being paranoid. You're being sensible.

I would be a little worried too, if I were in the same position. Until your I-485 has been accepted by USCIS, you are out of status. There are CBP officers all over the state of Arizona, especially in the southern half of the state. The nightmare scenario would be an encounter with CBP where they decide to put you in detention because you're out of status. None of the other documents you've got are proof of lawful presence. People recommend bringing your marriage license because, based on other VJ cases, this has been enough to convince CBP that someone is eligible to adjust status and get them released from detention. It doesn't necessarily have to go down like that, though. It's within their legal authority to hold you for deportation.

Personally, I wouldn't go within 100 miles of a US border, especially the southern border, without the receipt notice from the I-485.

Agreed, I would be worried too. As far as USCIS is concerned you are out of status and that cannot officially be proved otherwise until you are in their system. Hopefully you do not get stopped. And hopefully for whatever reason USCIS does not decide to send your petition back for missing paperwork etc. which is known to happen.

If at all possible can you avoid this or take a different route?

[newlyweds2010 208]

Agreed, I would be worried too. As far as USCIS is concerned you are out of status and that cannot officially be proved otherwise until you are in their system. Hopefully you do not get stopped. And hopefully for whatever reason USCIS does not decide to send your petition back for missing paperwork etc. which is known to happen.

If at all possible can you avoid this or take a different route?

Thank you for your answer.

I think I will just avoid traveling, because taking a different route would make the travel unreasonably long. sure enough, this manner of managing the immigration process of LEGAL aliens (because no matter what USCIS or CBP officers may say, I consider myself so) is just ridiculous. On one hand you cannot leave the country otherwise you're deemed to have abandoned your request to become an LPR, but on the other hand you should vaporize or else hide in the dark and better not be found around until they send you some sort of paper.

[JimVaPhuong 4,863]

Thank you for your answer.

I think I will just avoid traveling, because taking a different route would make the travel unreasonably long. sure enough, this manner of managing the immigration process of LEGAL aliens (because no matter what USCIS or CBP officers may say, I consider myself so) is just ridiculous. On one hand you cannot leave the country otherwise you're deemed to have abandoned your request to become an LPR, but on the other hand you should vaporize or else hide in the dark and better not be found around until they send you some sort of paper.

You ARE a legal alien. The term "illegal alien" applies to people who entered the US without inspection. If you entered the US legally, then you are a legal alien. Since your period of authorized stay has expired, you are a legal alien who is out of status. While this is technically referred to as "unlawful presence", it isn't a crime. In other words, you cannot be prosecuted and sentenced to prison for being unlawfully present. However, you CAN be forcefully removed from the US. Under US immigration law, deportation is not a punishment. If it were, then they'd have to conclude that every tourist who leaves the US when they're supposed to is voluntarily punishing themselves.

This is blowing things out of proportion, though. If you WERE detained by CBP, the likelihood of you actually being deported is practically zero. You are eligible to adjust status because you are an immediate relative of a US citizen. CBP knows this. It would be pointless to even try to deport you because the immigration judge is just going to end up granting a stay of your deportation proceedings while your AOS is adjudicated by USCIS. In fact, CBP and ICE are instructed to use their discretion to dismiss any deportation against an alien who is clearly eligible for an immigration benefit.

If you actually WERE detained then it would likely only be until your wife provided enough documentation to convince them that you are eligible to adjust status. However, being detained by any law enforcement officer anywhere in the US is not a pleasant experience. It ain't a Soviet Gulag or the Turkish prison in "Midnight Express", but ain't the Holiday Inn either. One or two days sleeping on a steel bed and eating balogna sandwiches is not my idea of a fun holiday.

[newlyweds2010 208]

You ARE a legal alien. The term "illegal alien" applies to people who entered the US without inspection. If you entered the US legally, then you are a legal alien. Since your period of authorized stay has expired, you are a legal alien who is out of status. While this is technically referred to as "unlawful presence", it isn't a crime. In other words, you cannot be prosecuted and sentenced to prison for being unlawfully present. However, you CAN be forcefully removed from the US. Under US immigration law, deportation is not a punishment. If it were, then they'd have to conclude that every tourist who leaves the US when they're supposed to is voluntarily punishing themselves.

This is blowing things out of proportion, though. If you WERE detained by CBP, the likelihood of you actually being deported is practically zero. You are eligible to adjust status because you are an immediate relative of a US citizen. CBP knows this. It would be pointless to even try to deport you because the immigration judge is just going to end up granting a stay of your deportation proceedings while your AOS is adjudicated by USCIS. In fact, CBP and ICE are instructed to use their discretion to dismiss any deportation against an alien who is clearly eligible for an immigration benefit.

If you actually WERE detained then it would likely only be until your wife provided enough documentation to convince them that you are eligible to adjust status. However, being detained by any law enforcement officer anywhere in the US is not a pleasant experience. It ain't a Soviet Gulag or the Turkish prison in "Midnight Express", but ain't the Holiday Inn either. One or two days sleeping on a steel bed and eating balogna sandwiches is not my idea of a fun holiday.

ok, thanks for the clarification.

I'm just really mad at the whole situation because the travel would be for family reasons (my wife's family lives there and she wanted to visit her grandparents who are not doing so well) and she can take one whole week off only now.

anyway, what do you mean by "provide enough documentation to convince them"? I would surely travel with the marriage certificate showing that we married within the 90 days of the K-1 visa. to me that shows enough. but if they are really picky and want to see a NOA, and this can take up to 20 days, I don't really feel like tasting bologna sandwiches for that long...

[JimVaPhuong 4,863]

ok, thanks for the clarification.

I'm just really mad at the whole situation because the travel would be for family reasons (my wife's family lives there and she wanted to visit her grandparents who are not doing so well) and she can take one whole week off only now.

anyway, what do you mean by "provide enough documentation to convince them"? I would surely travel with the marriage certificate showing that we married within the 90 days of the K-1 visa. to me that shows enough. but if they are really picky and want to see a NOA, and this can take up to 20 days, I don't really feel like tasting bologna sandwiches for that long...

These are the things that prove you are eligible to adjust status:

1. Your passport showing you entered with a K1 visa, and a stamped I-94 showing you were inspected at a US port of entry.

2. Your marriage certificate showing you married the K1 visa petitioner.

Showing that you married within 90 days is not really relevant. You would still be eligible to adjust status even if you'd married after the I-94 expired, as long as you married the K1 petitioner. The only difference is that your wife would also have to include an I-130 immigrant visa petition (and fees) with your I-485.

Ok, there are a number of things that would have to happen before you could expect a balogna buffet.

First, you'd have to be confronted by a CBP officer. There are occasionally immigration checkpoints on some roads in New Mexico. You'll find them more in the southern part of the state - Alamogordo, Las Cruces, etc. You'll find them less in the northern part of the state - Albuquerque, Santa Fe, etc. A few years ago I went to New Mexico for a holiday. I drove a rented car from Albuquerque to Socorro, to the Trinity test site, to Roswell, to Santa Fe, and back to Albuquerque. I didn't see a single immigration checkpoint on the entire trip.

If you do actually encounter a CBP officer then it's anybody's guess how things will go from there. If the officer is reasonable (most are) and your demeanor is respectful (which it SHOULD be whenever you deal with ANY law enforcement officer in the US) then they may just listen to your explanation, admonish you to get the immigration paperwork taken care of, and have a nice day! If you get a CBP officer who doesn't know much about the K1 process then you may end up repeating your explanation to his supervisor. How high up the food chain it goes depends on the officers who are present. The worst case scenario is that they'd send you to detention until your wife talks to someone with "command authority" who isn't afraid to use his/her discretion to release you. The chances of a high ranking CBP officer actually deciding to process you for deportation is very slim, for the reasons I mentioned previously.

So, I suppose you have to weigh the risks versus the benefits.