Traveling within the USA after marriage, but before AOS

[b&c 0]

I've read a lot about this topic on this forum, but I'm still a little unsure of the answer. I'd appreciate some help.

Here's the background: My fiancee arrived here from The Philippines on Sept. 17, 2007 on a K-1 visa. We married on Nov. 27, 2007 in accordance with the K-1 requirements (married within 3 months of arrival in the USA.) We plan to start our AOS work in the very near future.

Here's my situation and question:

We plan to fly from Arizona to Nebraska this Friday for a family celebration there. At this point in her "visa journey," she has only her Philippine passport. She has no driver's license. Can she get thru security at the airports without being harassed or deported? She is not illegal, just in pending status. I know several forum members have stated that this domestic travel should be no problem, but then I hear TSA is identifying and enforcing immigration issues, too. My fear is that when they see that her original fiancee visa has expired, it will set off all kinds of bells because they don't understand the path to citizenship for a fiancee from another country that is going thru this process.

Any suggestions? What is the latest information on this? Has anyone experienced a similar situation very recently? We don't want to cancel the trip, but I sure don't want any problems! Thanks!

[Carlawarla 1]

She wouldn't need her passport to fly domestic. Does she have a SS card? Does she have her NOA1 notice for her adjustment of status? Does she have a health card? While she may not have a drivers license, could she get a DMV card for photo ID purposes? Check out your state DMV and see if she can be issued a non-drivers ID. I'd still carry her passport, NOA1, marriage certificate, SSN just in case. Another thing you might want to do is check out the airlines and see what kind of ID they require.

[TracyTN 237]

There's no reason she can't travel on just her PI passport. Since her I 94 is expired now, though, I'd take the marriage certificate and NOA1 for AOS, too (just in case).

[motu 5]

My wife even now uses her passport for all domestic flights that connect her to her international flights - the green card is only used if she is flying domestically alone. No one repeat no one has given her any hassles in almost seven trips four of which were to Mexica, Colombia, India and Panama. So, don't worry about it. Flying Domestically using her passport is absolutely okay. Have Fun

[kc456 0]

It also sounds like the OP has not started AOS yet, and subsequently does not have a AOS receipt, while the K-1 is no longer valid. Is that correct?

Hmm, I wonder if anybody else had a similar experience. I ran into a situation just recently (April 1) at a TSA check point (San Jose CA airport). I fly with my foreign passport because my frequent flier programs are all in maiden name. The TSA looked at my passport and asked if I had a visa. I was surprised, and the TSA checker showed me a list of countries and said "unless you are from a country on the list, you must have a valid visa in your passport." I said I was a permanent resident and showed him my PR card, which satisfied the TSA person. He used the "flash light" looking device on my PR card as shown here:

http://www.tsa.gov/what_we_do/layers/tdc/index.shtm

From the TSA link above, it looks like the "Travel Document Checker" program has been going since mid 2007, but it was the first time this was ever mentioned to me. I flew many times in 2007, including out of San Jose with my foreign passport and was never asked for a "visa." Also, on my return flight (Las Vegas), I was not asked about a visa, and just showed my passport.

Has this happened to anyone else? Is that a random thing?

[b&c 0]

Thanks to all of your for your comments and suggestions. You raise a good point, KC456 ... and the answer is "yes" to your first paragraph ... the K1 has expired, we married within the 90 day window, we have not sent our AOS application in yet.

I called the TSA (the government arm that is in charge of airport security.) The person on their toll-free number said only that the government-issued ID must match with the boarding pass. When I asked if TSA was concerned about visas, birth certificates, etc., she said "no." But if one reads the link you attached, KC456, one realizes that there are new rules starting in June, 2007.

We tried to get a state ID card, but she is not eligible to do this until she gets her green card.

Therefore, what I am thinking is that our status, or lack of status, is a black hole in the visa/green card process and that my fiancee is in "no-man's-land." I can't imagine trying to explain all of this to the checker-person at the gate. I think all they would probably care about is visa dates that haven't expired. If we do decide to fly tomorrow, we will take along all our paperwork that we can find, try to look honorable, and hope we don't get an over-zealous checker-person. Surely they can't deport her; we sure aren't in violation of any laws. But the slight risk of that happening makes me want to cancel the trip.

Therefore, everyone on VJ in similar status to my fiancee really needs to be aware of all of this. Looks like we need an AP for domestic flights ...

Any other thoughts would be welcome! Thanks!