Travel within the US while on AOS

[alexa84 0]

Hello,

I have a big question. I am currently under AOS, just had my biometrics taken and will not be getting my travel permit and green card in a while for what I have researched. My husband and I live in Texas, close to the border with Mexico; he is relocating for work to a northern city within the next week and we do not know if I can travel with him as we would be passing a checkpoint, I called the checkpoint to ask, told them my situation and asked what type of proof i have to bring with me so I avoid been detained -and he said I can only pass with my GC, I asked if they wouldn't consider my AOS documents and receipts as proof and I was told NO (the officer seemed to be having a bad day, i might add)- I have seen some topics in this forum that state otherwise, I would like to know if anybody has had a similar experience and what was the outcome? were you actually able to cross a checkpoint in TX with an NOA1? also if i selected rather flying to avoid the checkpoint hassle, what type of proof would be considered valid in the airport -as it is located in a border city??

Thank you all for reading, any answer will be really helpful.

Edited April 20, 2012 by alexa84

[bigdog 376]

You have a passport with a K-1 visa, take all your documents received from USCIS what show you applied. Flying is easier probably than driving. If you received a drivers license just use that. Same proof for travel, my wife had no issues with at state issued DL.

[Oksana & Max 94]

The officer was right you can't just cross the border with NOA-1. You must to have either GC or AP to cross a border. If you will leave without it, you will not be allowed back and will have start everything from the beginning.

You have a passport with a K-1 visa, take all your documents received from USCIS what show you applied. Flying is easier probably than driving. If you received a drivers license just use that. Same proof for travel, my wife had no issues with at state issued DL.

This is not a correct info. As OP trying to cross a border into Mexico. It requires GC or AP to come back to US.

[MatthewNCarolina 73]

You cannot travel, by air, bus, car, truck, etc, without the GC OR the travel document (Advance Parole/I-131) in hands. If you leave the country, cross the border to Mexico or whatever, USCIS will understand that you have abandoned your case and you will be no longer on AOS process and will not be able to come back to US. And somebody correct me if I'm wrong, you will have to go through the spousal visa route to be able to come back (???). DO NOT GO OUTSIDE US WITHOUT ONE OF THOSE 02 DOCUMENTS, just don't. You can go to Texas, right next to the border but if you put your toes crossing the line, trouble.

Can't you guys get a house next to the border and close to his job (but YOU will not cross it until you have GC in hand or I-131), and HE will go normally to work in Mexico and come back home (TX-US) everyday? Just an idea.

[MatthewNCarolina 73]

You have a passport with a K-1 visa, take all your documents received from USCIS what show you applied. Flying is easier probably than driving. If you received a drivers license just use that. Same proof for travel, my wife had no issues with at state issued DL.

Wrong answer, OP is asking about going outside the country while she has the AOS process pending and neither a GC or a travel document, it is not a domestic trip. A state driver's license will not help in this situation.

[alexa84 0]

Wrong answer, OP is asking about going outside the country while she has the AOS process pending and neither a GC or a travel document, it is not a domestic trip. A state driver's license will not help in this situation.

Just to clarify I AM in the united states, do not intend to leave the country. My question stands because I leave in a border city on THE US SIDE, and have to pass a checkpoint if I want to go up state even for a shopping trip or whatever, so I am wondering how to do it. I do have a DL from Texas, but know that since i am in a border city IN THE US - again. OBVIOUSLY i will be requested some other document other than a DL to board a plane, IMO. and crossing by car, I am honestly ruling that out.

The officer was right you can't just cross the border with NOA-1. You must to have either GC or AP to cross a border. If you will leave without it, you will not be allowed back and will have start everything from the beginning.

This is not a correct info. As OP trying to cross a border into Mexico. It requires GC or AP to come back to US.

I live in TEXAS, again i am not intending to leave the country. Just cross a checkpoint to go upstate since i live in a border town.

[alexa84 0]

Just to clarify I AM in the united states, do not intend to leave the country. My question stands because I leave in a border city on THE US SIDE, and have to pass a checkpoint if I want to go up state even for a shopping trip or whatever, so I am wondering how to do it. I do have a DL from Texas, but know that since i am in a border city IN THE US - again. OBVIOUSLY i will be requested some other document other than a DL to board a plane, IMO. and crossing by car, I am honestly ruling that out.

I live in TEXAS, again i am not intending to leave the country. Just cross a checkpoint to go upstate since i live in a border town.

I need to clarify, my husband is relocating to a northern city IN Texas, not Mexico.

[alexa84 0]

You have a passport with a K-1 visa, take all your documents received from USCIS what show you applied. Flying is easier probably than driving. If you received a drivers license just use that. Same proof for travel, my wife had no issues with at state issued DL.

Thank you, I will probably be flying. But since i am flying from a border town I have heard they request passport and not only DL, do you think showing my passport, visa and USCIS documents will work?

[TBoneTX 43,422]

The answers so far assume that when the OP says "relocating for work to a northern city," she means a northern-Mexico city, si man. She could also mean a city in the northern U.S. (or Texas), and that she's concerned about being detained within the "de-Constitutionalized zone" (within approx. 100 miles of the Texas-Mexico border) when she has to pass the inland CBP checkpoints and prove her citizenship -- remaining within the U.S. the entire time, but traveling from southern Texas northward within the U.S.

If my guess is correct, then the OP should take absolutely every bit of current information with her: her marriage certificate (this is crucial!), her passport with the I-94, the ORIGINAL NOA-1 for AOS, the ORIGINAL biometrics-invitation letter (if she still has it), and, if possible, at least a copy of her husband's job-offer letter. She should be prepared to recite all dates and details immediately, if she's asked verbally ("My receipt notice for Adjustment was dated ___ and received ___. My biometrics appointment was on [date] in [city].")

At the CBP checkpoint, when the agent asks for "citizenship," her husband should say "U.S. citizen" and hand over his U.S. passport, and she should say "adjustment applicant" and hand over everything mentioned above. Overwhelm the agents with information before they think that they have to ask for it.

Question for the OP: Which checkpoint would you have to pass through? If it's the one on U.S. 83 north of Laredo, the agents are very professional. If it's the one outside Falfurrias, the agents seemed to me (during my one experience) to be pretty professional. If it's the one south of Alpine, drive hundreds and hundreds of miles out of the way, if necessary, to avoid it. (If I were in charge, one of my first actions would be to correct the transgressions that occur there.)

If you must pass through that checkpoint south of Alpine, your husband should do most of the talking, which should consist of the answer "Lawful personal business" to the question "What are you doing," "Haven't decided yet" to the question "Where are you going," "When?" to the question of "Have you been to Mexico," "Are we free to go now?" to the intrusive questions when they're repeated, and -- if the answer to that is "no," "On what authority do you intend to detain me?" If the agent refuses to answer, get his name & badge number and the name & badge number of his supervisor, and insist upon getting the name & phone number of the Chief Patrol Agent. Then, say "In the absence of authorized reason for detention, I will be on my way now. Good day."

[TBoneTX 43,422]

Ah -- the OP answered while I was composing my answer, and I was right, si man.

OP, if you're flying, the name on your ticket has to match the name on the identification that you show at the airport. Your passport will work for that. No one will probably ask for more than that (at least I never saw anyone ask in the Harlingen, Del Rio, or McAllen airports on multiple visits). If anyone does ask, show them the documents that I named in the previous message, si man.

[alexa84 0]

The answers so far assume that when the OP says "relocating for work to a northern city," she means a northern-Mexico city, si man. She could also mean a city in the northern U.S. (or Texas), and that she's concerned about being detained within the "de-Constitutionalized zone" (within approx. 100 miles of the Texas-Mexico border) when she has to pass the inland CBP checkpoints and prove her citizenship -- remaining within the U.S. the entire time, but traveling from southern Texas northward within the U.S.

If my guess is correct, then the OP should take absolutely every bit of current information with her: her marriage certificate (this is crucial!), her passport with the I-94, the ORIGINAL NOA-1 for AOS, the ORIGINAL biometrics-invitation letter (if she still has it), and, if possible, at least a copy of her husband's job-offer letter. She should be prepared to recite all dates and details immediately, if she's asked verbally ("My receipt notice for Adjustment was dated ___ and received ___. My biometrics appointment was on [date] in [city].")

At the CBP checkpoint, when the agent asks for "citizenship," her husband should say "U.S. citizen" and hand over his U.S. passport, and she should say "adjustment applicant" and hand over everything mentioned above. Overwhelm the agents with information before they think that they have to ask for it.

Question for the OP: Which checkpoint would you have to pass through? If it's the one on U.S. 83 north of Laredo, the agents are very professional. If it's the one outside Falfurrias, the agents seemed to me (during my one experience) to be pretty professional. If it's the one south of Alpine, drive hundreds and hundreds of miles out of the way, if necessary, to avoid it. (If I were in charge, one of my first actions would be to correct the transgressions that occur there.)

If you must pass through that checkpoint south of Alpine, your husband should do most of the talking, which should consist of the answer "Lawful personal business" to the question "What are you doing," "Haven't decided yet" to the question "Where are you going," "When?" to the question of "Have you been to Mexico," "Are we free to go now?" to the intrusive questions when they're repeated, and -- if the answer to that is "no," "On what authority do you intend to detain me?" If the agent refuses to answer, get his name & badge number and the name & badge number of his supervisor, and insist upon getting the name & phone number of the Chief Patrol Agent. Then, say "In the absence of authorized reason for detention, I will be on my way now. Good day."

Thank you for the answer, it has been really helpful. You got right the situation -I had to clarify a bit. And answering your question I am intending on crossing the checkpoint by Falfurrias, I have crossed this one several times before as I was a student in this area previously. And remember they were quite professional, that is why I was pretty surprised at their response when I called asking about this matter.

Ah -- the OP answered while I was composing my answer, and I was right, si man.

OP, if you're flying, the name on your ticket has to match the name on the identification that you show at the airport. Your passport will work for that. No one will probably ask for more than that (at least I never saw anyone ask in the Harlingen, Del Rio, or McAllen airports on multiple visits). If anyone does ask, show them the documents that I named in the previous message, si man.

Great!! this gives me peace of mind, thank you.

[TBoneTX 43,422]

Thank you for the answer, it has been really helpful. You got right the situation -I had to clarify a bit. And answering your question I am intending on crossing the checkpoint by Falfurrias, I have crossed this one several times before as I was a student in this area previously. And remember they were quite professional, that is why I was pretty surprised at their response when I called asking about this matter.

Many CBP agents often have bad days, sigh man. I think that even the male agents at the Roma/Cd. Miguel Aleman port of entry have constant PMS -- ja! Seriously, I think that calling a POE or checkpoint late at night is easier; the agents seem to be more relaxed and usually have more time to talk.

Great!! this gives me peace of mind, thank you.

Es nada, Amiga, no man. (I think this means "Think nothing of it, female friend," si man. )

I should add to the above that no one seemed to be checking anything extra on my one trip out of the El Paso airport, either.

[alexa84 0]

Many CBP agents often have bad days, sigh man. I think that even the male agents at the Roma/Cd. Miguel Aleman port of entry have constant PMS -- ja! Seriously, I think that calling a POE or checkpoint late at night is easier; the agents seem to be more relaxed and usually have more time to talk.Es nada, Amiga, no man. (I think this means "Think nothing of it, female friend," si man. )

I should add to the above that no one seemed to be checking anything extra on my one trip out of the El Paso airport, either.

I will try this, thank you again. You have been really helpful!!

[bigdog 376]

You should be good to go.

[bigdog 376]

Wrong answer, OP is asking about going outside the country while she has the AOS process pending and neither a GC or a travel document, it is not a domestic trip. A state driver's license will not help in this situation.

OOP's miss read that one, consider my answer for domestic travel. AP for AOS before GC.

Edited April 20, 2012 by bigdog