Travel within US while I-130/I-485 IS PENDING with I-94 EXPIRED?

[bahamamama234 25]

So my husband want to go to Portland Maine in january(we live in Los angeles and would go through airport LAX) to stay one week there and visit his mom cause she is dying :/

We want to go together, logically, problem is that we just sen't the I-130 AND I-485 last week and my B2 visa will expire the authorized stay in December 2...

What would be safe and not safe to do?

Can We go together in january if by there I have any message from USCIS saying my AOS package is being processed and bring our marriage certificate?

Or is safer not to go?

We are scared and don't want to risk me being deported, since we already live together and don't want to get separated.

so if anyone with experience about it could help we would be very thankfull

Edited October 26, 2014 by Jabuticaba 1

[Boiler 43,436]

Marriage certificate is not relevant otherwise not an issue.

[bobcat190E 12]

If it's a domestic flight then why would you have to show any immigration paperwork to anyone?

Am I missing something? As far as I know, all you need is a valid government-issue ID to board a plane. This can be a foreign passport if you don't have a US driver's license.

Edit: Oh I see now you are worried that if you use a passport, they might say something about the expired visa. I don't know how that works.

Edited October 27, 2014 by bobcat190E

[bahamamama234 25]

Is because I heard a lot of people say that it is TOTALLY FINE even with expired visa, just gotta bring the proof of AOS being processed,

BUT I also read people saying is not that fine, that sometimes they give you a hard time, that if someone from the imigration is walking around in the airport and asks to see your documentation or if someone from your flight company call them to know what to do in the situation things can get complicaded because of expired visa...

So i just wanted to know what is the truth... if is really safe or not

[Boiler 43,436]

Where did you read this.

[Transborderwife 4,666]

What country are you from? Do you have any other ID that could be used? I'm Canadian and fly simply using my health card within the USA.

[bahamamama234 25]

answering 1st question: I read it here Boiler http://www.visajourney.com/forums/topic/282211-travel-rights-within-us-while-i-485-is-pending/

answering seconds question : I am from Brazil ..

[bahamamama234 25]

sorry i sent the wrong link, i can't find anymore, it was an american citizen, the husband, asking if he could travel inside USA with his wife and people said better no cause of the b2 visa and others said it would be fine

[Dave&Roza 748]

sorry i sent the wrong link, i can't find anymore, it was an american citizen, the husband, asking if he could travel inside USA with his wife and people said better no cause of the b2 visa and others said it would be fine

If you are using your passport as a form of ID, where is the visa located within the passport relative to the bio page? Before my wife received her GC, she used her passport to travel and the TSA agent just looked at the bio page and boarding pass. If you are really worried and have the NOA1 from the I-485, take a copy along as a "just in case". Also hand your passprt to the TSA agent already open to the bio page. TSA agents have no power with immigration process nor do most of them know anything about it--so how are they going to know that you need a visa to visit the US? That does not prevent them from detaining you and getting a CBP agent, but that is a rare occurance. TSA's job is security. For the most part you will be fine, but there is that very small chance that something may happen. Just be prepared and do not worry.

Good luck,

Dave

Edited October 29, 2014 by Dave&Roza

[NancyNguyen 1,657]

Where did you read this.

In Yuma, AZ there are border patrol officers walk around and ask for your immigration documents even you go through TSA security check.

[Boiler 43,436]

OP will have passport and NOA.

And is not heading for the Mexican border.

[TBoneTX 43,058]

OP, would you rather be safe, or treat the issue casually and be sorry?

CBP agents can be encountered anywhere, including at airports. In my extensive experience, they never have a sense of humor, and usually they're looking to nail somebody.

When Mrs. T-B. was going through the process, I had her carry the following with her at ALL times:

-- passport + I-94 and marriage certificate; then

-- copy of AOS application cover-letter and marriage certificate; then

-- NOA1 from AOS and marriage certificate; then

-- AP card and marriage certificate; then

-- green card.

And yes, these were officially needed more than once.

I can't believe that members here would recommend treating the situation casually. Keep unquestionable proof of your legal status with you at all times.

[TBoneTX 43,058]

*** Thread moved from main "AOS from WS&T Visas" forum to the "Working & Traveling" forum -- topic is travel. ***

[bobcat190E 12]

I agree that generally speaking with all things related to immigration, one should err on the side of caution.

But while it is theoretically possible that you could get stopped during a domestic flight and asked about your immigration status, in reality the risk is absolutely minimal and almost zero.

I have been in the US for the last 10 years on one kind of visa or another. During that time I have travelled extensively within the US. In particular, for the last year and a half, I have lived in a different part of the US from my wife due to my job, and I take a domestic flight every few weeks to see her. In all that time, not once has any TSA agent asked me about my immigration status. Not once.

Edited October 30, 2014 by bobcat190E

[bahamamama234 25]

I think that if we get like a direct flight from LAX to Maine things should be more smooth

I just get worried cause everytime i travel with airplanes something happen... when i was coming i was stopped at the imigration, they checked a lot of stuff from me and let me go ahead, but i got stopped -.-

When I was coming from Maine to LAX with my husband, we had a connection in Philadelphia and we got stuck in the airport the whole night and there was immigration people all around, and even i had valid visa i was kinda stressed out cause I am a worrier....

But So If we get a direct flight, copies of my I-94(even being expired) and copies of all the NOA's (I-131,i-765,i-485) we should be fine? Is there any case of people being deported or having problems in domestic flights if they have NOA's??

Is it really safe just with the NOA's? I don't really want to get deported and away from my husband for any reason, if we could we would not travel but his mother is super sick and he needs to go and as a wife i need to go with him....