Travel domestically with an expired B2, pre 1-485

[clamsonprozac 0]

My husband (Australian) and I (American) got married about a month ago, and we want to fly from California to Florida in a few days to see my family.

My concern is: his tourist visa (actually a Visa Waiver) is expired. We are assembling paperwork for Adjustment of Status, but I am awaiting documents from the IRS.

We have a marriage certificate we can show, if necessary, but beyond that, nothing else to hand to immigration if they ask for it.

 

What is his legal status here? Can he be deported? What is the actual deal with being in this grey area?

 

I ask this because if someone at the airport checks his passport and sees that his visa has expired, I fear he could be deported. We do *not* have $$ for attorney fees to fight this if it happens. So, we want to be extra cautious.

I know international flights are totally off limits, but are domestic flights doable? 

Anyone who can help is greatly appreciated.

Thank You.

[clamsonprozac 0]

12 minutes ago, Dee elle said:

I have had a few times, when I used my AUS passport at the airport TSA check point, that the officer flipped through looking for a current entry stamp... most times they don't ... but I guess that there is the risk that they will see that the VWP entry has expired, and without the NOA1 for your AOS he is out of status, ... this would be an issue if it happened.. 

What would happen if they flipped through and saw it? Would he be deported, or no?

Is he allowed to be here at this moment, expired VWP entry, but married, pending AOS filing? Or can he be deported?

[Hypnos 6,579]

It's definitely not a grey area, and your husband is out of status until his I-485 is accepted by USCIS.

 

Travelling outside of a life-and-death situation isn't something I would do. And I didn't do, since I was out of status for some time.

[caliliving 606]

i travelled all the time and it was not an issue. i know tons of people that have. just make sure your passport isnt expired.  does he have a UK driver license?  i travelled on my Canadian DL before as well and no issue there.  You do not need a passport to travel domestically.

but as long as it isnt expired, it should not be a problem. 

ALso, california issues DL to everyone.  he can alwys get one of those.

 

my brazilian friend traveled to Hawaii with no issue and his B2 was expired. I probably travelled 20+ times in 3 years with my expired passport or canadian driver license domestically and never had an issue.  I would just avoid the southern borders.  I would not drive from california to AZ LOL

 

 

 

[caliliving 606]

1 hour ago, clamsonprozac said:

What would happen if they flipped through and saw it? Would he be deported, or no?

Is he allowed to be here at this moment, expired VWP entry, but married, pending AOS filing? Or can he be deported?

TSA is only there to check and make sure you can fly. He is also from the UK and white.  TBH i would go and enjoy the trip!!!! i know so many people that have traveled domestically and it is a non issue!  unless border patrol raids the airport but that would not happen in california. i really think its a non issue!  just as long as you dont leave the country. 

[Hypnos 6,579]

I believe the driver's licences issued to those without legal presence in CA (and other states that do so) carry the specific warning that they aren't valid for federal identification purposes, such as being able to board a plane.

 

https://www.dmv.org/ca-california/ab-60-drivers-license.php:

 

"These driver's licenses may not be used for identification purposes".

Edited January 9, 2018 by Hypnos

[caliliving 606]

1 hour ago, clamsonprozac said:

What would happen if they flipped through and saw it? Would he be deported, or no?

Is he allowed to be here at this moment, expired VWP entry, but married, pending AOS filing? Or can he be deported?

if you are that worried call or email a couple lawyers.  i did that and they all said it was fine to fly domestic. i dont see it being an issue. 

 

[geowrian 22,341]

12 minutes ago, caliliving said:

TSA is only there to check and make sure you can fly. He is also from the UK and white.  TBH i would go and enjoy the trip!!!! i know so many people that have traveled domestically and it is a non issue!  unless border patrol raids the airport but that would not happen in california. i really think its a non issue!  just as long as you dont leave the country. 

CBP is known to randomly work alongside TSA sometimes (usually near the border). If so, they can and will enforce immigration law.

 

@OP

I suggest reading this thread as well:

 

Edit: For clarity, you would probably be okay. Most people do this fine. But there is a risk you're assuming by doing so.

Edited January 9, 2018 by geowrian

[Hypnos 6,579]

There's a thread from a few years back where an out of status K-1 was detained by ICE on a Greyhound bus (might have been an Amtrak train - definitely one or the other).

 

Unlikely? Sure. Can it happen? Yes.

Edited January 9, 2018 by Hypnos

[caliliving 606]

3 minutes ago, geowrian said:

CBP is known to randomly work alongside TSA sometimes (usually near the border). If so, they can and will enforce immigration law.

 

@OP

I suggest reading this thread as well:

 

i guess it is up to them.  i have never had an issue and i personal dont know anyone that has and i knew alot of immigrants out of status or their visa expired and all travele without an issue.  again, up to her.  imo i would go bc i fly thru california all the time and i know they dont worry about people flying there and also florida is not a big deal. but again, it is her call.  i fly all the time so i am comfortable flying i guess. 

1 minute ago, Hypnos said:

There's a thread from a few years back where an out of status K-1 was detained by ICE on a Greyhound bus.

 

Unlikely? Sure. Can it happen? Yes.

a greyhound bus i would not do! any cross country traveling i would not do.  especially near the southern border as their are checkpoints ALL OVER! and yes, if you go online they search greyhound buses ALL THE TIME  so yeah.  flying is a different issue.  

[Hypnos 6,579]

Can't find the specific one I was thinking of, though I did find this:

 

 

[lms 50]

I would NOT travel until you filed AOS and received your NOA1's. 

[TNJ17 1,329]

You’re worrying over nothing. Domestic flights are fine. You’re not traveling internationally. That’s where the problem is. 

[evapaula 230]

The risk is there. It may be small and people tend to brush it aside, but it's important to know that legally he could be deported. 

I have traveled with just my passport (I did have a GC but didn't present it just to see what would happen) and it was fine, but it was a 1h flight from PDX to SFO. I personally wouldn't have risked it. 

[Russ&Caro 1,550]

Every once in awhile you come across an issue that perfectly encapsulates risk tolerance. This is one of those issues. Your decision is entirely guided by your tolerance of a little bit of risk.