Jump to content
hanzelanddarin

Traveling in the US

19 posts in this topic

Recommended Posts

My wife has been here for 2 years but due to financial hardship, we still haven't filed for AOS. She got here through the K1 program, but am wondering if she can fly inside the US still. I have read that K1 is just for entry and you can travel inside the US without worries, but am not sure if that is true. Don't want to go to the airport and have immigration issues. Please help as we need to travel very soon due to family emergency.

Share this post


Link to post
Share on other sites

You will probably be ok, but your wife is out of status and deportable, since you haven't filed for AoS.

It's possible you could run into internal CBP checkpoints within the US, and it's possible your wife could be detained and ordered to appear in immigration court. The immigration judge would most likely order her to file for AoS immediately, since she remains an immediate relative of a US citizen, but it would still be an unpleasant situation. These occurrences are unlikely, but it has happened (even here on VJ).

You should file for AoS as soon as possible. It's not a good position to be in.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Being exposed to or coming in contact with CBP domestically is extremely rare though unless you're traveling to areas where CBP could potentially flourish or have reason to exist (only you would know this however thus use commonsense). Assuming the OPs wife has a driver’s license which she presumably does and they are living morally and ethically clean then her chance of exposure or contact with CBP is infinitesimal, meaning almost literally zero chance of happening. My suggestion and the suggestion that is sound here is to travel with no concern and do whatever you can to save enough money to apply for AOS as soon as possible. Your travel concerns are excessive and unwarranted at this time given that you are traveling domestically ONLY!

Share this post


Link to post
Share on other sites

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

But I'm sure burying your head in the sand and pretending there is zero risk could work too.

Unlikely? Sure. No risk whatsoever? Proof has already been given to the contrary.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

But I'm sure burying your head in the sand and pretending there is zero risk could work too.

Unlikely? Sure. No risk whatsoever? Proof has already been given to the contrary.

Do they need to complete the AOS, yes they do and that must be first priority for them. The question by the OP was is she can fly in the US and the answer is yes, it is unlikely she will be caught in domestic flight. You or others can make that argument if you like. Now, if the OP asked if she was traveling in a bus or car in Texas, Arizona, California ...Yes the odds are very high she will be stopped and questioned.

I was undocumented for 10 years and I flow all over the US and never been stopped or questioned. After getting my green card, wouldn't you know I was stopped while driving in my way to San Diego, Ca. by the immigration. Are there risks in airports? Yes there is, but how often people get stopped by immigration while roaming the airport?


Share this post


Link to post
Share on other sites

My wife has been here for 2 years but due to financial hardship, we still haven't filed for AOS. She got here through the K1 program, but am wondering if she can fly inside the US still. I have read that K1 is just for entry and you can travel inside the US without worries, but am not sure if that is true. Don't want to go to the airport and have immigration issues. Please help as we need to travel very soon due to family emergency.

I'm not sure why aren't taking the money you are spending on air travel and putting it towards AOS?

Yes, there are CBP all over the place, at least where I live, I see a car parked on my block at least once a week and pass them monitoring the highway quite a bit.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Share this post


Link to post
Share on other sites

how often people get stopped by immigration while roaming the airport?

Well there's this guy: https://news.vice.com/article/undocumented-immigration-activist-jose-antonio-vargas-detained-at-a-texas-airport

But we're getting off-topic.

Yes, there is the risk of being detained when you're out of status anywhere. This risk is greater when you're within 100 miles of the US border, because that's where CBP targets. I personally don't believe that such interior checks are legal absent of any other reason for stopping you, but the Supreme Court disagrees.

Hopefully the OP won't be posting back here in a month talking about ICE detention.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

It's consistently bewildering when people suggest taking ANY chance, especially because "it never happened to me, so it won't happen to you" or "there's little chance of running into [whatever authority]."

There is safety in full preparation and full documentation. There is less safety, or NO safety, in accepting cavalier advice.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

My suggestion and the suggestion that is sound here is to travel with no concern and do whatever you can to save enough money to apply for AOS as soon as possible. Your travel concerns are excessive and unwarranted at this time given that you are traveling domestically ONLY!

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

Edited by usmsbow

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

Share this post


Link to post
Share on other sites

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

Somehow I sense it isn't necessary for both to travel. Why not save the airfare on one?


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Share this post


Link to post
Share on other sites

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

True. If you were to spread out the $1070 over 24 months and manage to save $50 per month, you will have $130 towards the medical that will be required. It is a matter of priorities. I personally would borrow, beg, take a loan out to file the AOS. By not filing the AOS the OP's wife is a prisoner. What if she has a family emergency back home and needs to leave the US. Drive instead of flying and put the money saved towards the AOS.

OP: She can fly using her PI passport without to much scrutiny. I have seen a few CBP hang around the security check point at DIA, they seemed to be talking to the TSA, but I bet they were checking IDs in a very casual way.

Dave

Edited by Dave&Roza

Share this post


Link to post
Share on other sites

Being exposed to or coming in contact with CBP domestically is extremely rare though unless you're traveling to areas where CBP could potentially flourish or have reason to exist (only you would know this however thus use commonsense). Assuming the OPs wife has a drivers license which she presumably does and they are living morally and ethically clean then her chance of exposure or contact with CBP is infinitesimal, meaning almost literally zero chance of happening. My suggestion and the suggestion that is sound here is to travel with no concern and do whatever you can to save enough money to apply for AOS as soon as possible. Your travel concerns are excessive and unwarranted at this time given that you are traveling domestically ONLY!

Minor correction, the wife likely has either no licence or an expired licence. Most states will not issue a licence beyond the period of authorized stay (with the exception being on a 2 year GC)

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

Share this post


Link to post
Share on other sites

Do they need to complete the AOS, yes they do and that must be first priority for them. The question by the OP was is she can fly in the US and the answer is yes, it is unlikely she will be caught in domestic flight. You or others can make that argument if you like. Now, if the OP asked if she was traveling in a bus or car in Texas, Arizona, California ...Yes the odds are very high she will be stopped and questioned.

I was undocumented for 10 years and I flow all over the US and never been stopped or questioned. After getting my green card, wouldn't you know I was stopped while driving in my way to San Diego, Ca. by the immigration. Are there risks in airports? Yes there is, but how often people get stopped by immigration while roaming the airport?

Just because you were here illegally for 10 years and never got caught doesn't mean that others haven't, there are many threads here on VJ from people who have been stopped and detained. It is ridiculous that you tell someone there is absolutely no chance of getting caught, when there is ALWAYS a chance.



Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×