While waiting for Green Card, is domestic flight/travel safe?

[CoryL 2]

My son-in-law is from England, he came here on a K-1 visa and married my daughter within 90 days as required. He has now submitted the paperwork for his change of status (Green card) and I am his sponsor, having submitted an affidavit of support. He has a current passport. They want to fly across country to visit me, but somehow have the impression that if he does not have a drivers license, or other form of ID, that he is at risk for being detained at the domestic airport and deported. DMV refused to give him a passport and I think it is from DMV that they got this deportation-risk idea. DMV even seemed to think that he is here in a less-than-legal status until he receives his green card. This does not make any sense to me, he came here on a K-1 visa, and fulfilled the obligation to marry within 90 days, and is now in the process of receiving his green card. I am certain he is here legally, and should be able to fly domestically without any risk whatsoever. Can anybody advise me on this?

[aaron2020 11,651]

My son-in-law is from England, he came here on a K-1 visa and married my daughter within 90 days as required. He has now submitted the paperwork for his change of status (Green card) and I am his sponsor, having submitted an affidavit of support. He has a current passport. They want to fly across country to visit me, but somehow have the impression that if he does not have a drivers license, or other form of ID, that he is at risk for being detained at the domestic airport and deported. DMV refused to give him a passport and I think it is from DMV that they got this deportation-risk idea. DMV even seemed to think that he is here in a less-than-legal status until he receives his green card. This does not make any sense to me, he came here on a K-1 visa, and fulfilled the obligation to marry within 90 days, and is now in the process of receiving his green card. I am certain he is here legally, and should be able to fly domestically without any risk whatsoever. Can anybody advise me on this?

He can fly with his UK passport. He doesn't have a problem.

The kids are wrong. There is no reason to deport him.

The DMV rightfully refused to give him a passport because they don't issue passports. (Did you mean driver's license?)

Don't take immigration advice from the DMV. Filing for AOS gives your son-in-law the legal status to be in the US while the case is being adjudicated.

[CoryL 2]

Note my mistake...the DMV refused to give him a drivers license (not a passport)...SO bottom line they refused to issue a drivers license. But, shouldn't he be able to get a drivers license based on his current UK passport and his marriage license?

[aaron2020 11,651]

No. Each state has its own rules for deiver's licenses.

[Nich-Nick 3,354]

Note my mistake...the DMV refused to give him a drivers license (not a passport)...SO bottom line they refused to issue a drivers license. But, shouldn't he be able to get a drivers license based on his current UK passport and his marriage license?

Most states require something dated that shows how long he is able to stay in the US. By applying for the greencard, he is in authorized stay until his application is decided. But there is no date associated with that and no document he can show the DMV. When he gets his EAD card, It authorizes him to work in the US for one year and has an end date. That will allow him a license that will expire on the same date. A greencard will also allow him a license. Each state is different, but that's the most common scenario. It's a drawback of a K1 visa. It kinda leaves you in a limbo period where the immigration authorities know you're authorized, but you have no document to prove it.

On a domestic flight, he will not pass through any immigration hall or be checked by Customs and Border Patrol. He gets off the plane and leaves the building.

[SennaBrigante 92]

He shouldn't have a problem. Just tell him to bring and show his passport, they only want to check that the person whose name is on the ticket is the one standing in front of them. They only look at the biographic page.

[TBoneTX 45,498]

Sometimes, CBP agents will hang out with the TSA agents.

http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682

[TBoneTX 45,498]

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

[heo luoi 206]

Why would the DMV issue someone a passport in the first place? That is not a reasonable expectation nor outcome. I'd just carry his UK passport, visa, i94 w/ you on ur person. If he has his NOA1 from AoS probably safe to keep on hand too. Regardless domestic travel should be fine

My son-in-law is from England, he came here on a K-1 visa and married my daughter within 90 days as required. He has now submitted the paperwork for his change of status (Green card) and I am his sponsor, having submitted an affidavit of support. He has a current passport. They want to fly across country to visit me, but somehow have the impression that if he does not have a drivers license, or other form of ID, that he is at risk for being detained at the domestic airport and deported. DMV refused to give him a passport and I think it is from DMV that they got this deportation-risk idea. DMV even seemed to think that he is here in a less-than-legal status until he receives his green card. This does not make any sense to me, he came here on a K-1 visa, and fulfilled the obligation to marry within 90 days, and is now in the process of receiving his green card. I am certain he is here legally, and should be able to fly domestically without any risk whatsoever. Can anybody advise me on this?

My state DMV refused to even issue a NON driving license / ID when we got her SS card cause of the name change. Have to wait for EAD to try again.

Funny you are on here asking on behalf of both kids whom should have a bit more vested interest

Edited January 29, 2016 by heo luoi

[caliliving 606]

Really? You cant fly domestically on a passport? LOL! i flew all the time domestically on mine and never had a problem! security in the airport is there to protect the plane from terrorists ect. they arent there to ask about your immigration visa. they just made sure it was not an expired ID and made sure my name matched the ticket. you will be fine. I even flew to hawaii.

[Dashinka 24,591]

Sometimes, CBP agents will hang out with the TSA agents.

http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682

As TBone mentioned, sometimes CBP hangs out in the TSA area. He can travel domestically on his British passport, but he should keep a copy of his AOS NOA with him as well just in case he runs into any CBP agents.

[Friend2ya 9]

If it happens, happens...you have nothing to worry he is K1 - and CBP would look into his status and let him go!!

[newacct 688]

If it happens, happens...you have nothing to worry he is K1 - and CBP would look into his status and let him go!!

No, if he is over the 90 days he is not in K-1 status. He would need the AOS receipt to show CBP that he has a pending AOS.

Edited January 30, 2016 by newacct

[Friend2ya 9]

No, if he is over the 90 days he is not in K-1 status. He would need the AOS receipt to show CBP that he has a pending AOS.

I understand now, he should not be worried at all...just let it go!! He has all evidence to prove any CBP about his status..

I was overstayed, with Final Order still took a flight with my passport..that was like 16 years ago!!

Edited January 30, 2016 by Friend2ya