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isuckatspeling

Traveling while processing

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Just submitted our I-130! My wife is planning on staying with me ( In the US) while we wait for it to process. My question , and I apologize ahead of time for repeats , is she allowed to travel on a plane without issues within country? She wants to fly to Las Vegas from California , but is afraid of flying because she’s nervous her passport will spark red flags due to the processing. 

We are just making sure she’s okay to travel domestically without issues

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As long as she is in the US legally not a problem.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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36 minutes ago, Boiler said:

As long as she is in the US legally not a problem.

She’s here legally . She came on a visitors visa and we got married while she was visiting. We decided to eventually file the 1-130 and go through that process . 

So technically she is still on her travel visa window frame ( expires in May 2019)

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She can stay until the date allowed when she entered.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 hours ago, Boiler said:

She can stay until the date allowed when she entered.

Correct, and travel is not restricted within the US.  For domestic travel within the US, she is only using her passport as identification, and presenting it only to airline personnel.


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She can't stay in the US past her I-94 date in May or it will cause problems later in the I-130 process, which takes about 14 months right now.  She'll have to go back and wait out the rest of the process in her home country.  Trying to return later could be difficult unless she stays away for at least as long as she was in the US.  Any attempt to "live" in the US on a tourist visa is not viewed favorably by CBP officers.  Good luck with the long process ahead.

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2 hours ago, carmel34 said:

She can't stay in the US past her I-94 date in May or it will cause problems later in the I-130 process, 

If the topic starter is a US citizen, then this advice is incorrect. If they are in the process of adjusting her status (AOS), as long as I-130 is pending, she is fine. The unlawful presence (past her tourist visa expiration date) will be forgiven because she is an immediate relative of a US citizen. Moreover, she cannot leave the US while on AOS - not until she gets her I-131 (if they filed for one) approved or her pending status is adjusted to a permanent resident.

 

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4 hours ago, portorusa said:

If the topic starter is a US citizen, then this advice is incorrect. If they are in the process of adjusting her status (AOS), as long as I-130 is pending, she is fine. The unlawful presence (past her tourist visa expiration date) will be forgiven because she is an immediate relative of a US citizen. Moreover, she cannot leave the US while on AOS - not until she gets her I-131 (if they filed for one) approved or her pending status is adjusted to a permanent resident.

 

 

I am a US citizen and this is exactly my view on the subject . I believe while the 1-130 processes , she can remain in the US. So what I’m gathering is that’s she shouldn’t have an issue travelling DOMESTICALLY while in the US through air. My only concern was airport security seeing her passport as a form of ID , and harassing her for being in the limbo stage and still in the states

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12 minutes ago, isuckatspeling said:

I am a US citizen and this is exactly my view on the subject . I believe while the 1-130 processes , she can remain in the US.

Incorrect. The I-130 does not grant any immigration benefits.

An I-485 (for AOS) grants a period of authorized stay while that application is pending.

You noted filing an I-130 only. Is that correct?

 

12 minutes ago, isuckatspeling said:

So what I’m gathering is that’s she shouldn’t have an issue travelling DOMESTICALLY while in the US through air. My only concern was airport security seeing her passport as a form of ID , and harassing her for being in the limbo stage and still in the states

No issue while still in status.


Timelines:

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

12/1/17: sent

12/14/17: 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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1 hour ago, isuckatspeling said:

 

I am a US citizen and this is exactly my view on the subject . I believe while the 1-130 processes , she can remain in the US. So what I’m gathering is that’s she shouldn’t have an issue travelling DOMESTICALLY while in the US through air. My only concern was airport security seeing her passport as a form of ID , and harassing her for being in the limbo stage and still in the states

I am not sure if you understand what has been said, you asked a general question that has a very specific response, we have all said the same thing.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It's a bit unclear from your previous posts since you mention a "friend" and "girlfriend" in your post history, but did your now-wife come to the US on a TN? Or did she abandon that plan and come to the US as a visitor and get married? Regardless of which of those scenarios is true, you would have needed to file the I-485 concurrently with the I-130 to successfully have her adjust status to a green card and remain in the States. As @geowrian said, it is the adjustment of status application that grants her the authorized stay, not the filing of an I-130. An I-130 alone would necessitate her returning to her home country for the processing of a spousal visa. Maybe you just left it out of your original post, but the context is important! 

 

In general, if an AOS applicant is in that period of authorized stay while their case is processing, they should have no issue traveling domestically. 


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS Package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS Package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee (via Form G-1450)

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case (12:23AM, 12:28AM, 12:29AM, 12:29AM)  

12/17/2018 [Day 14] -- Four (4) Form I-797C (Notice of Action) received in mail (Notice Date: 12/10/2018) 

12/21/2018 [Day 18] -- Biometrics Appointment Notice received (Appointment Date: 01/02/2019)

12/24/2018 [Day 21] -- Courtesy letter received re: I-693 (not submitted with initial petition)

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- Biometrics review completed (Case Tracker status updated for I-485)

02/13/2019 [Day 72] -- Case is "Ready to Be Scheduled for An Interview" (Case Tracker status updated for I-485)

 

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Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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3 hours ago, nerdese said:

It's a bit unclear from your previous posts since you mention a "friend" and "girlfriend" in your post history, but did your now-wife come to the US on a TN? Or did she abandon that plan and come to the US as a visitor and get married? Regardless of which of those scenarios is true, you would have needed to file the I-485 concurrently with the I-130 to successfully have her adjust status to a green card and remain in the States. As @geowrian said, it is the adjustment of status application that grants her the authorized stay, not the filing of an I-130. An I-130 alone would necessitate her returning to her home country for the processing of a spousal visa. Maybe you just left it out of your original post, but the context is important! 

 

In general, if an AOS applicant is in that period of authorized stay while their case is processing, they should have no issue traveling domestically. 

Just curious, can an I-485 be filed after the I-130 if the alien spouse is remaining in the US, or at that point would she need to return to her country?

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Just now, Jorgedig said:

Just curious, can an I-485 be filed after the I-130 if the alien spouse is remaining in the US, or at that point would she need to return to her country?

Absolutely, if the PD is current (it is always current for the immediate relative of a USC). One would send a copy of the I-130's NOA1 with the I-485.


Timelines:

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

12/1/17: sent

12/14/17: 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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On 1/30/2019 at 9:10 AM, portorusa said:

If the topic starter is a US citizen, then this advice is incorrect. If they are in the process of adjusting her status (AOS), as long as I-130 is pending, she is fine. The unlawful presence (past her tourist visa expiration date) will be forgiven because she is an immediate relative of a US citizen. Moreover, she cannot leave the US while on AOS - not until she gets her I-131 (if they filed for one) approved or her pending status is adjusted to a permanent resident.

 

OP has only filed I-130, not AOS.  Hence, my response.

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