Traveling while processing

[isuckatspeling 0]

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

[Boiler 43,432]

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

[isuckatspeling 0]

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)

[Boiler 43,432]

She can stay until the date allowed when she entered.

[pushbrk 12,106]

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.

[carmel34 3,529]

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.

[portorusa 431]

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.

 

[isuckatspeling 0]

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

[geowrian 22,335]

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.

[Boiler 43,432]

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.

[D&D_NYC 58]

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. 

[Ryan H 3,790]

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

[SalishSea 16,770]

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?

[geowrian 22,335]

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.

[carmel34 3,529]

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.