Can my wife fly within the US while AoS is processing? (overstayed US visa)

[chiks24 11]

We have already applied for my wife's AoS (I-130 and I-485), I-765 and I-131 in September. However, my wife does not have any state ID (Texas). We went to get a state ID today with the Notice of Action (NOA1?) and other appropriate documents with our names and address but they refused it, saying we have to wait for her to receive the SSN until we can apply for her ID.

 

We have travel plans for December and my wife does not have a government-issued ID. She has her passport but she's already overstayed - can that put her in a potentially unfortunate position while flying?

 

 

 

[Boiler 43,583]

How is she going to get past security?

[chiks24 11]

5 minutes ago, Boiler said:

How is she going to get past security?

Does security check if foreigner passport holders have overstayed their length of stay? Even if they do, would carrying the NOA1 be proof that this person's immigration status is pending? 

[payxibka 10,044]

1 minute ago, chiks24 said:

Does security check if foreigner passport holders have overstayed their length of stay? Even if they do, would carrying the NOA1 be proof that this person's immigration status is pending? 

TSA typically does not check immigration status.   She will be fine.  Carrying the NOA1 is not a bad idea 

[designguy 1,179]

as long as the passport isnt expired she can use that as ID for getting through security

Edited October 22, 2020 by designguy

[chiks24 11]

8 minutes ago, payxibka said:

TSA typically does not check immigration status.   She will be fine.  Carrying the NOA1 is not a bad idea 

 

3 minutes ago, designguy said:

as long as the passport isnt expired she can use that as ID for getting through security

This would be great. In that case, I should not be anxious or thinking about even a 5% chance of deportation, right?

 

I do have another question - if we ticked the "yes" to wanting an SSN on the I-486, does the SSN automatically get issued to her with the approval of I-485 or do we have to separately apply for it with the SSA?

[designguy 1,179]

1 minute ago, chiks24 said:

In that case, I should not be anxious or thinking about even a 5% chance of deportation, right?

No just make sure you carry the NOA1 with you

[Just Paul 4,591]

3 minutes ago, chiks24 said:

I do have another question - if we ticked the "yes" to wanting an SSN on the I-486, does the SSN automatically get issued to her with the approval of I-485 or do we have to separately apply for it with the SSA?

It may arrive after the green card.  Otherwise go to the SSA office.

[payxibka 10,044]

10 minutes ago, chiks24 said:

 

This would be great. In that case, I should not be anxious or thinking about even a 5% chance of deportation, right?

 

I do have another question - if we ticked the "yes" to wanting an SSN on the I-486, does the SSN automatically get issued to her with the approval of I-485 or do we have to separately apply for it with the SSA?

What did you "tick" on the i765 regarding the SSN?  That has a better than average chance to be approved first

 

 

Edited October 22, 2020 by payxibka

[Just Paul 4,591]

1 hour ago, chiks24 said:

She has her passport but she's already overstayed

Overstay is not an issue with the NOA1.  

 

Passport being expired is another issue but hasn't been enforced heavily since mid March.

[payxibka 10,044]

1 hour ago, chiks24 said:

 

 

We have travel plans for December and my wife does not have a government-issued ID. She has her passport ..

PS.  A passport IS a government issued ID 

 

[Boiler 43,583]

Maybe not current?

[chiks24 11]

10 minutes ago, payxibka said:

What did you "tick" on the i765 regarding the SSN?  That has a better than average chance to be approved first

 

 

We answered yes for that on the I-765 but I'm guessing it would still take easily over a couple months for the approval and then how does issuing of SSN work - does it follow shortly after?

 

4 minutes ago, payxibka said:

PS.  A passport IS a government issued ID 

 

Sorry, I meant US* Government-issued ID. If any country's unexpired passport counts, then we should be good (along with carrying NOA1 of course).

[payxibka 10,044]

4 minutes ago, chiks24 said:

We answered yes for that on the I-765 but I'm guessing it would still take easily over a couple months for the approval and then how does issuing of SSN work - does it follow shortly after?

 

Sorry, I meant US* Government-issued ID. If any country's unexpired passport counts, then we should be good (along with carrying NOA1 of course).

 

I765 approval in a couple months?   Your a funny guy.  More like 6 to 8, BTW.  SSN can come a couple weeks after approval but sometimes not at all.  Just gotta wait to see.

 

How do foreign visitors travel domestically cuz they surely don't possess a US ID?  

[Mike E 11,723]

Must carry a copy of the I-485 NOA1 in paper and on your phones.  The NOA1 extends authorized presence.  With that and an unexpired foreign passport she is fine.  Also have a copy of the passport, paper and on phones in case the passport is lost before the return.  This can sometimes get you through the TSA check point.  
 

Advice you’ve been given that the TSA doesn’t look for expired authorized stay in a foreign passport is false.  It is easy to come up with counter examples.  
 

Worst case TSA summons CBP. CBP can easily clear her because her Alien number will be on the I-485.   Also CBP is known to patrol domestic terminals of airports near the border.  I read of a case where CBP was standing at the exit of a domestic concourse in El Paso asking each pax if they were a citizen.