Travel domestic while waiting on AOS

[Teddyy 1]

Not sure where to put this discussion seeing as I have a few questions.

 

A little bit of background information: My SO and I (me being the US citizen) got married last year in the United States and filed all the necessary paperwork in January. She currently lives with me in the states. February she had her biometrics appointment, and we are still waiting on an interview. With the pandemic are others seeing this type of delay as well? She has yet to receive her EAD or anything after the biometrics.

 

We have to travel to another state and the fastest way is by plane. Is there any chance TSA will stop her? Deportation? Can we bring her valid Passport from her country and the receipts for her AOS?

I'm freaking out about it and not sure if its worth the risk. Obviously leaving the country wouldn't be such a grand idea, but is domestic travel by plane okay?

I searched this question prior to asking but could not find anything from year 2020 and immigration laws are always changing.   

 

As far as her getting a social security card, do we have to wait until she gets her GC? She has/had a SSN while she was here on her J1. Is that still valid?

 

I appreciate any help!

[Letspaintcookies 2,214]

Yes the SSN is still valid. It's hers for life and there's no problem with traveling domestic. Her passport, the marriage certificate and the receipt notice for the AOS is what she should always carry with her even when just going shopping 😊

[SalishSea 16,817]

8 minutes ago, Teddyy said:

Not sure where to put this discussion seeing as I have a few questions.

 

A little bit of background information: My SO and I (me being the US citizen) got married last year in the United States and filed all the necessary paperwork in January. She currently lives with me in the states. February she had her biometrics appointment, and we are still waiting on an interview. With the pandemic are others seeing this type of delay as well? She has yet to receive her EAD or anything after the biometrics.

 

We have to travel to another state and the fastest way is by plane. Is there any chance TSA will stop her? Deportation? Can we bring her valid Passport from her country and the receipts for her AOS?

I'm freaking out about it and not sure if its worth the risk. Obviously leaving the country wouldn't be such a grand idea, but is domestic travel by plane okay?

I searched this question prior to asking but could not find anything from year 2020 and immigration laws are always changing.   

 

As far as her getting a social security card, do we have to wait until she gets her GC? She has/had a SSN while she was here on her J1. Is that still valid?

 

I appreciate any help!

Her SSN is for life and the number will never change.  Did you apply for concurrent EAD/AP combo card?  It is free when applied with or after an I-485.  Although her SSN won't change she needs the EAD to be able to work.

 

A pending AOS app means she is here under status of authorized stay. So yes, if you travel domestically, just bring the NOA1, which is evidence of a pending AOS.

[Teddyy 1]

2 minutes ago, Jorgedig said:

Her SSN is for life and the number will never change.  Did you apply for concurrent EAD/AP combo card?  It is free when applied with or after an I-485.  Although her SSN won't change she needs the EAD to be able to work.

 

A pending AOS app means she is here under status of authorized stay. So yes, if you travel domestically, just bring the NOA1, which is evidence of a pending AOS.

Yes we applied for the EAD/AP but have not received anything. Is that suppose to come by mail or email? I'm just guessing that COVID has delayed everything but is it common for someone to of not received their EAD 6 months after applying?

[SalishSea 16,817]

9 minutes ago, Teddyy said:

Yes we applied for the EAD/AP but have not received anything. Is that suppose to come by mail or email? I'm just guessing that COVID has delayed everything but is it common for someone to of not received their EAD 6 months after applying?

Pre-covid it was taking 5-7 months.  It will be a card sent by mail.

[Rearviewmirror 378]

Does she have a US driving license? If so, just use that and the TSA agent will not treat her differently from any other passenger.

[Teddyy 1]

6 hours ago, Rearviewmirror said:

Does she have a US driving license? If so, just use that and the TSA agent will not treat her differently from any other passenger.

She had one but it expired when her J-1 did so I don't think they will accept that right?

[Rearviewmirror 378]

Nope, unfortunately not as it needs to be a valid ID.

[pigrew 32]

I answered this same question the other day on Reddit... Here's my answer:

 

An unexpired passport is good enough ID to get onto an airplane (assuming the name matches the ticketed name).

 

The border patrol should only stop you within 100 miles of the border (according to the constitution), though most major cities are within 100 miles of the "border", and sometimes areas near international airports will count, too. You can bring your passport, visa, I-94, and I-797C from the I-485 to show that you are legally within the USA. It's VERY unlikely that you would need these things, unless, for example, you were doing some hiking in the Sonoran Desert or other places with lots of illegal border crossing. I went to that desert with my wife (unexpired F1 visa) in the daytime, and we didn't see anyone else at all. There were lots of signs saying beware of human traffickers. I'm a US citizen, and I've never seen people being randomly asked for papers, though I've never lived close to borders.

 

The AP is ONLY needed for entering the united states. You can travel anywhere domestically (except perhaps American Samoa, which has a weird relationship to the federal government) without needing AP. You can travel to our other territories like Puerto Rico and USVI.

 

Don't, for example, transit through Canada to get to Alaska. That isn't allowed. I think you can take a boat to Puerto Rico, but not if the boat stops in any foreign waters. I'd suggest staying at least a few miles from our land borders, so that you don't accidentally drive or walk into Mexico or Canada.

[Allaboutwaiting 2,500]

18 hours ago, Teddyy said:

We have to travel to another state and the fastest way is by plane. Is there any chance TSA will stop her? Deportation? Can we bring her valid Passport from her country and the receipts for her AOS?

I'm freaking out about it and not sure if its worth the risk. Obviously leaving the country wouldn't be such a grand idea, but is domestic travel by plane okay?

Domestic travel by plane is OK and poses no risk. 

She must carry her foreign passport and copy of NOA1 for AOS; some people also carry a copy of marriage certificate (just in case).

There is no risk of deportation and TSA would not stop her for immigration questioning -only CBP would if they are around-.

[Teddyy 1]

1 hour ago, Allaboutwaiting said:

Domestic travel by plane is OK and poses no risk. 

She must carry her foreign passport and copy of NOA1 for AOS; some people also carry a copy of marriage certificate (just in case).

There is no risk of deportation and TSA would not stop her for immigration questioning -only CBP would if they are around-.

If CBP were around, do they have the right to possibly deport her? Or anything other than detaining her momentarily to ask questions?

[Allaboutwaiting 2,500]

15 minutes ago, Teddyy said:

If CBP were around, do they have the right to possibly deport her? Or anything other than detaining her momentarily to ask questions?

She won't be deported. 

CBP would just ask a few questions and request to see her documents. Therefore the importance of having copies with her. 

[sarahcha 5]

On 7/11/2020 at 2:17 PM, pigrew said:

I answered this same question the other day on Reddit... Here's my answer:

 

An unexpired passport is good enough ID to get onto an airplane (assuming the name matches the ticketed name).

A little late to this thread (and things might've changed) but I'm planning on traveling domestically, California to Texas, in September for a wedding. When I married I took my husbands last name.

Can I book my flight in my maiden name to match my passport, and then just bring my NOA1 and marriage certificate indicating the name change, or is my only option to have my Canadian passport reissued to me in my married name? I feel like booking a ticket under a name that is not my current legal name is a no-no?

I'm hoping by then I will have recieved EAD or Green Card and this will be a non-issue because I can have a Real ID issued and travel  with that, but assuming I have not I'm not really sure what the correct thing is to do. 

[Lil bear 3,840]

Book your ticket in the name on the ID you will be presenting to checkin and TSA as you head through security. NOA1 and marriage certificate should be carried as evidence of legal stay .. but this is rarely asked on domestic travel 

[Chancy 6,233]

*** Moved from AOS from Work/Student/Tourist Visas Progress Reports to Working & Traveling During US Immigration ***