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Can I fly within the U.S. while AOS pending? (No NOA1)

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Filed: K-1 Visa Country: Philippines
Timeline

Hi. So my fiance is here from the Philippines and our wedding is set for September 15th next month, and plan on sending out the application for AOS right afterwords.

We have plans to travel to Orlando, Florida for our honeymoon on September 26th and will be returning Sept. 30th. Her K1-Visa in her passport says that it expires October 1st. Will we have any issues while flying? We wont have an NOA1 from the AOS, at least I don't think we will. I'm not sure how long it takes to get some kind of notice. I just want to be sure that she will not be detained or we wont be harassed. Thank you.

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Shouldn't be any issue. In the very rare event that CBP is working alongside TSA, the passport still has a valid I-94 so that's fine (albeit it's cutting it close, but valid is valid).

Can't guarantee anybody won't be harassed at the airport... :P

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Just to specify something - her K1 is no longer valid since it's one time entry Visa. It became invalid the moment she crossed the border. 

 

Before you file for AOS, the only thing that keeps your spouse "legal " is her I94. Which is valid for 90 days. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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