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Steve and Merly

Travel rights within US while i-485 is pending

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Filed: K-1 Visa Country: Colombia
Timeline

My wife entered the United States on a K-1 fiancee visa. We have since married and have applied for an i-485 Adjustment in Status so she may receive a Green Card as a permanent resident. We also applied for an i-131 Advanced Parole to allow her to travel back to Colombia before the i-485 is approved.

Her i-94 expires on Nov 22, but we have the Notice of Action i-797C for the i-485 which I thought was sufficient to maintain her visitor status.

However, today a clerk at Immigration Services told my wife cannot travel anywhere -- within the Unites States or abroad -- until her Green card status is resolved or she receives an Advance Parole. She stated that as a K-1, "she has no migratory status". I knew that my wife could not travel abroad before then, but not being able to travel within the United States seems wrong. We just want to travel to Minnesota for Thanksgiving.

Please tell me this clerk is crazy.

Thanks,

Steve

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Clerk is crazy :) She can travel within the US. TSA employees are not visa inspectors, just identity inspectors. Besides which, your wife is legally here in a period of authorized stay. Have a fun trip!

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Ukraine
Timeline

Stop talking to those people.

she can travel ANYWHERE within the United states abd its posessions and territories freely. Does this stupid moron telling you this thin they check her passport at STATE borders? :rofl: The visa and I-797C is a US document good anywhere in the US.

She cannot leave and return to the United States, but she CAN travel within the US.

Jeeezum.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Canada
Timeline

She can definitely travel within the US. Our lawyer just said not to travel anywhere where there could even be a remote possibility of crossing borders (like a cruise).

AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

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Filed: Other Timeline

The majority of clerks in the USA have the intellectual capacity of bird droppings. If there's one thing you need to learn quickly, it's that the US is populated and run by idiots.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: AOS (apr) Country: Philippines
Timeline

My wife entered the United States on a K-1 fiancee visa. We have since married and have applied for an i-485 Adjustment in Status so she may receive a Green Card as a permanent resident. We also applied for an i-131 Advanced Parole to allow her to travel back to Colombia before the i-485 is approved.

Her i-94 expires on Nov 22, but we have the Notice of Action i-797C for the i-485 which I thought was sufficient to maintain her visitor status.

However, today a clerk at Immigration Services told my wife cannot travel anywhere -- within the Unites States or abroad -- until her Green card status is resolved or she receives an Advance Parole. She stated that as a K-1, "she has no migratory status". I knew that my wife could not travel abroad before then, but not being able to travel within the United States seems wrong. We just want to travel to Minnesota for Thanksgiving.

Please tell me this clerk is crazy.

Thanks,

Steve

wow, that clerk must be sleepy or something,,, you and your wife should be able to travel JUST around the country. if you're gonna look at it, apparently, you guys are newly weds, what if, you guys decided to go somewhere like las vegas or somewhere for your honeymoon, they surely cant stop you from doing so. i just sent my AOS last week too. but way before that, i would go back and forth to NJ to visit my sister and her family. Never had problems with such. but just to be on the safe side, ALWAYS bring your passport, a copy of your marriage certificate and a copy of your NOA1. you guys should be fine. My I=94 will expire after tomorrow, the 10th, and i still haven't got the notice of action nor the check cashed. hoping that there won't be any problem.

"Love sought is GOOD, but given unsought, is BETTER!" -Shakespeare on LOVE

Adjustment of Status

11.02.10 == (XXXX) Mailed AOS, EAD and AP Packet via UPS

11.03.10 == (Day 01) Package received in Chicago by CHIBA

11.09.10 == (Day 07) 1st Notice of Action (AOS, EAD and AP)

11.09.10 == (Day 07) Check cashed

11.12.10 == (Day 10) All three NOA1 received in Mail

11.15.10 == (Day 13) Case touched

12.01.10 == (Day 29) EAD and AP Case touched AGAIN!!!

12.17.10 == (Day 45) Received ASC Appointment dated 12.13.10 scheduled on 01.10.11

12.18.10 == (Day 46) Received Transfer Notice to California Service Center dated 12.13.10

01.06.11 == (Day 65) AOS Case TOUCHED

01.10.11 == (Day 69) Biometrics Appointment

01.11.11 == (Day 70) AOS Case TOUCHED

01.11.11 == (Day 70) AP APPROVED!!

01.14.11 == (Day 73) EAD APPROVED!!!

01.18.11 == (Day 77) AP received in Mail

01.28.11 == (Day 87) AOS APPROVED!!!

event.png

event.png

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Filed: Citizen (apr) Country: Ecuador
Timeline

Carry the NOA1 with you, just to be safe, si man. You'll probably never need it, but CBP/ICE agents can lurk in places one doesn't expect.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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The only tiny iota bit of truth in what you were told is that if you fly within the US then there is a tiny chance that some official will notice that her I-94 is expired and will cause a big delay.

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

The majority of clerks in the USA have the intellectual capacity of bird droppings. If there's one thing you need to learn quickly, it's that the US is populated and run by idiots.

Hey Bob, I hope you're not denied at your interview for having excess intellectual capacity. US Idiotship is not a matter to be taken lightly. :)

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that clerk is a moron. actually if you spouse has her state issued identification or drivers license she would not even need her passport. 2 weeks after my now husband came back he got his ssn and immediately got his ca id and used that for u.s. travel and never once was bothered and we were late aos filers (1year).

ROC Timeline

18 NOV 2010 Sent 1.8lb packet to USCIS in Laguna Niguel (day 1)

19 NOV 2010 Package signed for V SEMEGI (day 2)

24 NOV 2010 Package returned because USC didn't sign petition (day 6)

calendar reset

26 NOV 2010 Package sent out again (day 1)

29 NOV 2010 Package signed for by V SEMEGI (day 3)

29 NOV 2010 NOA1 issued (day 3)

03 DEC 2010 Hardcopy of NOA received (day 7)

07 JAN 2011 Successful walk in biometrics (day 42) original date 1 FEB

01 MAR 2011 Date on Approval notice (although it arrived after the card did) (day 94)

03 MAR 2011 Card received (day 96)

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