Jump to content
Keegan

Traveling with Expired I-94, waiting on marriage certificate

By Keegan in Working & Traveling During US Immigration

 Share

9 posts in this topic

Recommended Posts

Keegan Rookie

Keegan   1

Posted
Filed: K-1 Visa Timeline
Posted

PLZ HELP! My husband has an upcoming trip and this honestly blew over my head. He is traveling domestically, but we are nervous for deportation or questioning. He is out of status on K-1 by a week or so. We has to wait 2-3 weeks to order our marriage certificate per processing times. It should be arriving any day now, and we can definitely stop in the capital to get one before traveling if needed but my question: 

since his visa is technically expired (and we have to wait for marriage certificate before filing AOS) will this cause issues in the airport with OR without the marriage certificate?

Obviously having the certificate is better.. with that, would he possess the risk of deportation at the airports? He will be in the Anchorage and Boise airports.. 

Ryan H Grand Master

Ryan H   3,855

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from K1 Progress Reports 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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

OldUser Grand Master

OldUser   8,849

Posted
Timeline
Posted
1 hour ago, Keegan said:

PLZ HELP! My husband has an upcoming trip and this honestly blew over my head. He is traveling domestically, but we are nervous for deportation or questioning. He is out of status on K-1 by a week or so. We has to wait 2-3 weeks to order our marriage certificate per processing times. It should be arriving any day now, and we can definitely stop in the capital to get one before traveling if needed but my question: 

since his visa is technically expired (and we have to wait for marriage certificate before filing AOS) will this cause issues in the airport with OR without the marriage certificate?

Obviously having the certificate is better.. with that, would he possess the risk of deportation at the airports? He will be in the Anchorage and Boise airports.. 

Is the trip necessary? Airports is place of elevated risk for being detained if out of status. In may never be an issue, but nobody can give guarantees.

Crazy Cat Grand Master

Crazy Cat   43,438

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
17 hours ago, Keegan said:

since his visa is technically expired (and we have to wait for marriage certificate before filing AOS) will this cause issues in the airport with OR without the marriage certificate?

It's not technically expired. His I-94 IS expired if he has been in the US for more than 90 days. A marriage certificate will not change that.  He must submit a proper I-485 to be granted "authorized stay" in the US.  Any encounter with law enforcement could result in detention and deportation.  Personally, I wouldn't travel until I had an I-797 for receipt of the I-485.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Keegan Rookie

Keegan   1

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

Thank you to everyone who commented! We have decided to cancel the trip. Not worth the risk. Has anyone had issues in this in between phase? The processing times in my location for biometrics and NOA are very short (Anchorage, AK). So we are hopeful that we will receive the papers in a timely manner. But to my question, has anyone been questioned or has issues during this transit phase? 

Crazy Cat Grand Master

Crazy Cat   43,438

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
4 minutes ago, Keegan said:

Thank you to everyone who commented! We have decided to cancel the trip. Not worth the risk. Has anyone had issues in this in between phase? The processing times in my location for biometrics and NOA are very short (Anchorage, AK). So we are hopeful that we will receive the papers in a timely manner. But to my question, has anyone been questioned or has issues during this transit phase? 

Here is one extreme example of what is possible:

 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Keegan Rookie

Keegan   1

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

Yikes. Yeah absolutely not risking it!! Really sucks that this visa process has a lapse in time/ iffy info on how to do it correctly. Obviously I filed and learned everything myself, so didnt have the advice if am immigration officer to “warn” me of these possibilities or situation. For anyone in the future reading this- SPOUSAL VISA> K1!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...