Flying domestic during AOS period

[Zuleika 0]

Hi guys,

I'm planning to fly domestic in the US with my husband soon but my initial K1 visa is about to expire and we haven't received a notification that our petition for AOS has been received. Will this be a problem when flying since I'll be in limbo status wise? Should I just take copies of the petition to show them if they ask? Also because my passport is my only form of photo ID would I need to use the name listed (my maiden name) for my boarding pass, and just use the marriage certificate for evidence that I married within 90 days of arrival?

[Girl from Celebes 588]

I would say, wait until you have your NOA-1 at least for I-485 on hand before planning domestic travel especially for those who are live near at the border. There are many cases that they would randomly check. Marriage certificate is okay but there are many people got married but don't filed AoS yet and their I-94 is already expired for K-1 visa.

[Cathi 5,607]

It is perfectly fine and for you to travel. Bring any documentation to prove your status. Using your passport is fine

[TBoneTX 42,991]

*** Thread moved from AOS/Family-Based main forum to the Working & Traveling forum. ***

[Dashinka 23,172]

It is perfectly fine and for you to travel. Bring any documentation to prove your status. Using your passport is fine

I agree. My wife on her Russian passport and I flew to Florida while her AOS was in process. The airlines do not check immigration status as far as I know, and flying domestically does not require you to go through immigration. She did have all of her documents with her, but no one ever asked to se them.

Good Luck!

One additional note. Make sure you purchase your tickets with the name on your passport.

[TBoneTX 42,991]

CBP and ICE agents hang around the TSA areas in some airports. They're typically either bored or in a foul mood and are looking to nail someone. The chances of being challenged are remote, but it never hurts to carry whatever documentation you can to wave under their noses and say "Good day, sir."

Edited July 10, 2015 by TBoneTX

[Dave&Roza 748]

Hi guys,

I'm planning to fly domestic in the US with my husband soon but my initial K1 visa is about to expire and we haven't received a notification that our petition for AOS has been received. Will this be a problem when flying since I'll be in limbo status wise? Should I just take copies of the petition to show them if they ask? Also because my passport is my only form of photo ID would I need to use the name listed (my maiden name) for my boarding pass, and just use the marriage certificate for evidence that I married within 90 days of arrival?

First, the K-1 visa expired the day you entered on it. Is your I-94 expired? If not, then do not worry about anything. If it is, then you are out-of status and can be harassed by the CBP. The TSA has no jurisdiction in immigration matters. In fact they are not LEO either. All they do is check ID verses boarding passing to allow you to enter the body cavity search area at the airport. PERIOD. The are supposed to check for explosives and other illegal items from making it into the "secure" area, but the latest report of their failure shows they cannot do that.

Just show them your passport and boarding pass with the same name and you will be fine. My wife travelled on her passport while the AOS was pending. My MIL travelled on her passport when she visited--she had a valid I-94 too--and had not issues. All the TSA agent did was look at the photo in the passport and looked at my MIL and looked at her name and stamped the boarding pass.

Driving near the Southern border can get you inter trouble as the CBP runs random security checks and their vehicles look like local LEO and they may attempt a "traffic" stop to check your papers. This does happen near the Canadian border too , but is more evident in NM, TX, AZ, and southern CA. As T-Bone states it is good to have the documentation to wave under their noses. If they are being royal a$$es they can detain you, but make certain their uniform has CBP on it or is a local LEO and specifically ask them if you are being detained and why.

Enjoy your trip.

Dave