Traveling in the US

[hanzelanddarin 0]

My wife has been here for 2 years but due to financial hardship, we still haven't filed for AOS. She got here through the K1 program, but am wondering if she can fly inside the US still. I have read that K1 is just for entry and you can travel inside the US without worries, but am not sure if that is true. Don't want to go to the airport and have immigration issues. Please help as we need to travel very soon due to family emergency.

[pch1 64]

Traveling within the United States is not a problem at all. All travel within the United states is domestic flights no immigration involved.

[Hypnos 6,576]

You will probably be ok, but your wife is out of status and deportable, since you haven't filed for AoS.

It's possible you could run into internal CBP checkpoints within the US, and it's possible your wife could be detained and ordered to appear in immigration court. The immigration judge would most likely order her to file for AoS immediately, since she remains an immediate relative of a US citizen, but it would still be an unpleasant situation. These occurrences are unlikely, but it has happened (even here on VJ).

You should file for AoS as soon as possible. It's not a good position to be in.

Edited September 5, 2016 by Hypnos

[TBoneTX 43,006]

Ignore the first reply that you received and heed the second reply.

See here:

http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682

[Pitchman 8]

Being exposed to or coming in contact with CBP domestically is extremely rare though unless you're traveling to areas where CBP could potentially flourish or have reason to exist (only you would know this however thus use commonsense). Assuming the OPs wife has a driver’s license which she presumably does and they are living morally and ethically clean then her chance of exposure or contact with CBP is infinitesimal, meaning almost literally zero chance of happening. My suggestion and the suggestion that is sound here is to travel with no concern and do whatever you can to save enough money to apply for AOS as soon as possible. Your travel concerns are excessive and unwarranted at this time given that you are traveling domestically ONLY!

[Hypnos 6,576]

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

But I'm sure burying your head in the sand and pretending there is zero risk could work too.

Unlikely? Sure. No risk whatsoever? Proof has already been given to the contrary.

Edited September 5, 2016 by Hypnos

[pch1 64]

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

But I'm sure burying your head in the sand and pretending there is zero risk could work too.

Unlikely? Sure. No risk whatsoever? Proof has already been given to the contrary.

Do they need to complete the AOS, yes they do and that must be first priority for them. The question by the OP was is she can fly in the US and the answer is yes, it is unlikely she will be caught in domestic flight. You or others can make that argument if you like. Now, if the OP asked if she was traveling in a bus or car in Texas, Arizona, California ...Yes the odds are very high she will be stopped and questioned.

I was undocumented for 10 years and I flow all over the US and never been stopped or questioned. After getting my green card, wouldn't you know I was stopped while driving in my way to San Diego, Ca. by the immigration. Are there risks in airports? Yes there is, but how often people get stopped by immigration while roaming the airport?

[N-o-l-a 7,167]

My wife has been here for 2 years but due to financial hardship, we still haven't filed for AOS. She got here through the K1 program, but am wondering if she can fly inside the US still. I have read that K1 is just for entry and you can travel inside the US without worries, but am not sure if that is true. Don't want to go to the airport and have immigration issues. Please help as we need to travel very soon due to family emergency.

I'm not sure why aren't taking the money you are spending on air travel and putting it towards AOS?

Yes, there are CBP all over the place, at least where I live, I see a car parked on my block at least once a week and pass them monitoring the highway quite a bit.

[Hypnos 6,576]

how often people get stopped by immigration while roaming the airport?

Well there's this guy: https://news.vice.com/article/undocumented-immigration-activist-jose-antonio-vargas-detained-at-a-texas-airport

But we're getting off-topic.

Yes, there is the risk of being detained when you're out of status anywhere. This risk is greater when you're within 100 miles of the US border, because that's where CBP targets. I personally don't believe that such interior checks are legal absent of any other reason for stopping you, but the Supreme Court disagrees.

Hopefully the OP won't be posting back here in a month talking about ICE detention.

[TBoneTX 43,006]

It's consistently bewildering when people suggest taking ANY chance, especially because "it never happened to me, so it won't happen to you" or "there's little chance of running into [whatever authority]."

There is safety in full preparation and full documentation. There is less safety, or NO safety, in accepting cavalier advice.

Edited September 6, 2016 by TBoneTX

[usmsbow 795]

My suggestion and the suggestion that is sound here is to travel with no concern and do whatever you can to save enough money to apply for AOS as soon as possible. Your travel concerns are excessive and unwarranted at this time given that you are traveling domestically ONLY!

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

Edited September 6, 2016 by usmsbow

[N-o-l-a 7,167]

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

Somehow I sense it isn't necessary for both to travel. Why not save the airfare on one?

[Dave&Roza 748]

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

True. If you were to spread out the $1070 over 24 months and manage to save $50 per month, you will have $130 towards the medical that will be required. It is a matter of priorities. I personally would borrow, beg, take a loan out to file the AOS. By not filing the AOS the OP's wife is a prisoner. What if she has a family emergency back home and needs to leave the US. Drive instead of flying and put the money saved towards the AOS.

OP: She can fly using her PI passport without to much scrutiny. I have seen a few CBP hang around the security check point at DIA, they seemed to be talking to the TSA, but I bet they were checking IDs in a very casual way.

Dave

Edited September 6, 2016 by Dave&Roza

[Kastrs 723]

Being exposed to or coming in contact with CBP domestically is extremely rare though unless you're traveling to areas where CBP could potentially flourish or have reason to exist (only you would know this however thus use commonsense). Assuming the OPs wife has a drivers license which she presumably does and they are living morally and ethically clean then her chance of exposure or contact with CBP is infinitesimal, meaning almost literally zero chance of happening. My suggestion and the suggestion that is sound here is to travel with no concern and do whatever you can to save enough money to apply for AOS as soon as possible. Your travel concerns are excessive and unwarranted at this time given that you are traveling domestically ONLY!

Minor correction, the wife likely has either no licence or an expired licence. Most states will not issue a licence beyond the period of authorized stay (with the exception being on a 2 year GC)

[Cathi 5,607]

Do they need to complete the AOS, yes they do and that must be first priority for them. The question by the OP was is she can fly in the US and the answer is yes, it is unlikely she will be caught in domestic flight. You or others can make that argument if you like. Now, if the OP asked if she was traveling in a bus or car in Texas, Arizona, California ...Yes the odds are very high she will be stopped and questioned.

I was undocumented for 10 years and I flow all over the US and never been stopped or questioned. After getting my green card, wouldn't you know I was stopped while driving in my way to San Diego, Ca. by the immigration. Are there risks in airports? Yes there is, but how often people get stopped by immigration while roaming the airport?

Just because you were here illegally for 10 years and never got caught doesn't mean that others haven't, there are many threads here on VJ from people who have been stopped and detained. It is ridiculous that you tell someone there is absolutely no chance of getting caught, when there is ALWAYS a chance.