FLYING WITHIN THE U.S.

[Gaby&Talbert 1]

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

[YuAndDan 153]

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

[Gaby&Talbert 1]

OK guys both of you usually always give good advice so please lets look at the topic and think about this. If you adjust status here because you came here as a tourist and you decided to get married after you arrived and you have filed I-130 and I-485 together. Your I-94 expires, what would your status here be considered until you recieve your greedcard?

AOS Pending, I-485 NOA1 letter proves this.

Anyone can file AOS but it doesn't mean they will be approved does it? NOA1 only means they filed. Even an EWI can file if they marry a US citizen. I am going to call ICE and just see what they say because I would like to know 100%.

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

but you had proof she met the requirements of the K1 by having a marriage license dated within 90 days of entry.

[unforgettable fire 2]

OK guys both of you usually always give good advice so please lets look at the topic and think about this. If you adjust status here because you came here as a tourist and you decided to get married after you arrived and you have filed I-130 and I-485 together. Your I-94 expires, what would your status here be considered until you recieve your greedcard?

AOS Pending, I-485 NOA1 letter proves this.

Anyone can file AOS but it doesn't mean they will be approved does it? NOA1 only means they filed. Even an EWI can file if they marry a US citizen. I am going to call ICE and just see what they say because I would like to know 100%.

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

but you had proof she met the requirements of the K1 by having a marriage license dated within 90 days of entry.

I got married and filed before the expiration of my I-94, if that helps...

[YuAndDan 153]

More:

If we receive your application before your nonimmigrant status expires (or, in exceptional cases, we excuse filing after your status expires due to circumstances beyond your control), and if you have not violated the terms of your status and you meet the basic eligibility requirements, then you may remain in the U.S. until we make a decision on your application. But remember, you cannot start the activities allowed by the status you are applying for until we approve your application and change your status. Further, once your original nonimmigrant status expires, even though you will generally be allowed to remain in the U.S. while your extension of stay application is pending. You will not be deemed to be in any nonimmigrant status until such time as we may approve your change of status application. Therefore, you may not, for example, engage in employment during this period, even if your original nonimmigrant status would have allowed you to do so. If we deny your change of status application, you will be considered to have been “out of status” for the entire period following the expiration of your original nonimmigrant status and will be required to depart from the U.S. immediately upon notification of such denial of status.

http://www.uscis.gov/files/article/c2_english.pdf

So USCIS considers the NON-Immigrant to be in a holding pattern until they either approve or deny the I-485, only if they deny will "Out of Status" be the case.

I got married and filed before the expiration of my I-94, if that helps...

You are allowed to remain in the USA until a decision is made on the I-485.

[kc456 0]

The OP is fine, as long as you bring your NOA to go along with your passport, if asked about immigration status. Just be prepared for it.

Whoever said that TSA is not checking on immigration status is incorrect. Here's my recent experience from another post:

"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."

I checked online and it appears to be a pretty random thing with some airports doing it and some not. Since the OP is from a VWP country, they may not even be asked for a visa, since it's not required for US entry. But if they notice the expired K-1, it would help to have the NOA as evidence of legal status.

[Gaby&Talbert 1]

I just talked with an ICE officer and he said it is a judgement call on the officer. He said it is possible that you would be detained and USCIS contacted for clarification of the law. There is a risk but he said keep all the papers with you at all times but until you have the interview and they determine that you did not come to the US with intent to marry you can be considered out of status.

Now if an ICE agent who knows immigration enforcement is telling me this I think I would be careful until after you have your interview.

[Gaby&Talbert 1]

OK guys both of you usually always give good advice so please lets look at the topic and think about this. If you adjust status here because you came here as a tourist and you decided to get married after you arrived and you have filed I-130 and I-485 together. Your I-94 expires, what would your status here be considered until you recieve your greedcard?

AOS Pending, I-485 NOA1 letter proves this.

Anyone can file AOS but it doesn't mean they will be approved does it? NOA1 only means they filed. Even an EWI can file if they marry a US citizen. I am going to call ICE and just see what they say because I would like to know 100%.

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

but you had proof she met the requirements of the K1 by having a marriage license dated within 90 days of entry.

I got married and filed before the expiration of my I-94, if that helps...

According to the law that youanddan posted because you were not out of status when you filed it helps alot. If asked and you have all the proof that you meet the requirements then you can prove it and the worst that could happen is being detained until you prove to them you meet the requirements. Is your NOA dated before your I-94 expired?

[unforgettable fire 2]

OK guys both of you usually always give good advice so please lets look at the topic and think about this. If you adjust status here because you came here as a tourist and you decided to get married after you arrived and you have filed I-130 and I-485 together. Your I-94 expires, what would your status here be considered until you recieve your greedcard?

AOS Pending, I-485 NOA1 letter proves this.

Anyone can file AOS but it doesn't mean they will be approved does it? NOA1 only means they filed. Even an EWI can file if they marry a US citizen. I am going to call ICE and just see what they say because I would like to know 100%.

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

but you had proof she met the requirements of the K1 by having a marriage license dated within 90 days of entry.

I got married and filed before the expiration of my I-94, if that helps...

According to the law that youanddan posted because you were not out of status when you filed it helps alot. If asked and you have all the proof that you meet the requirements then you can prove it and the worst that could happen is being detained until you prove to them you meet the requirements. Is your NOA dated before your I-94 expired?

My NOAs are dated like this:

Received date: March 03 2008

Notice date: March 07 2008

My I-94 expired on March 14 2008

[Gaby&Talbert 1]

OK guys both of you usually always give good advice so please lets look at the topic and think about this. If you adjust status here because you came here as a tourist and you decided to get married after you arrived and you have filed I-130 and I-485 together. Your I-94 expires, what would your status here be considered until you recieve your greedcard?

AOS Pending, I-485 NOA1 letter proves this.

Anyone can file AOS but it doesn't mean they will be approved does it? NOA1 only means they filed. Even an EWI can file if they marry a US citizen. I am going to call ICE and just see what they say because I would like to know 100%.

I honestly do not the the correct answer to this because my wife and I almost got in trouble when we were first married because we called USCIS and they said we could adjust in the US if it was before her I-94 expired. This was way before I knew anything about immigration. We ran into trouble with CBP and they straightened us out very quickly. Fortunately they knew we were honest and didn't cause any problems. I hope it is correct as it should be but I would like to know 100% that if you are adjusting from a tourist visa are you considered legal as long as you have filed for AOS? even if your I-94 is expired?

I'm not arguing I would like to know 100% that this is correct?

This is also the case for my wife, she entered using a NON-Immigrant K-1 visa, her I-94 expired 90 days after entry, and the only proof of status we had was the NOA1 letter from the I-485 filing. This is the case with anyone adjusting status from any NON-Immigrant visa, as long as you are AOS pending it makes no difference if I-94 is expired or not.

but you had proof she met the requirements of the K1 by having a marriage license dated within 90 days of entry.

I got married and filed before the expiration of my I-94, if that helps...

According to the law that youanddan posted because you were not out of status when you filed it helps alot. If asked and you have all the proof that you meet the requirements then you can prove it and the worst that could happen is being detained until you prove to them you meet the requirements. Is your NOA dated before your I-94 expired?

My NOAs are dated like this:

Received date: March 03 2008

Notice date: March 07 2008

My I-94 expired on March 14 2008

Well you meet the requirements from the INA law that youanddan posted so you meet the requirements. I called the ICE officer and you see what he said in my previous post. I think I would drive if I were you just to be safe but it is your call. I hope authorities in your area are nicer than they are around here. We had a mayor that told the police department that he wanted every single illegal out. They have had their immigration training so they will ask for immigration status around here.

[Gaby&Talbert 1]

Did you notice from the INA law that youanddan posted that you are not eligable for EAD or AP? That you have to wait until you have your greencard to work or travel outside the US.

[unforgettable fire 2]

Did you notice from the INA law that youanddan posted that you are not eligable for EAD or AP? That you have to wait until you have your greencard to work or travel outside the US.

I don't think that it is entirely true though. otherwise they would have not accepted my applications and also my immigration paralegal would have not advice me to apply....

Now I'm getting really confused...

[YuAndDan 153]

Did you notice from the INA law that youanddan posted that you are not eligable for EAD or AP? That you have to wait until you have your greencard to work or travel outside the US.

That document has more to do with adjusting from one NON-Immigrant type to another NON-immigrant type, like Visitor, to NON-Immigrant worker. But the status info applies to adjusting of status from NON-immigrant to immigrant.

Yes they can apply for EAD and AP if they need it.

[Earmuffs 1]

just carry a drivers license and not your passport, how would they know your status?

[shakira08 0]

Hi there Guys!

My husband and I would like to celebrate our honeymoon, we haven't had the chance to do anything since we got married but now we can and we would like to fly out to San Francisco from Los Angeles.

I'm currently going through AOS and my I-94 is now expired. I do have all my NOAs and I have completed my Biometrics.

Would this be a problem???

On another note. He just got a better paying job, when we filed for AOS he was still at his old one, we never needed a sponsor and he had already filed his taxes. I assume for the interview we can bring the details from his new job as well as a letter from his new employer right. Nothing has really changed from one job he is going straight to the other though...

I would appreciate your opinion and thank you guys!!!

I WOULD LIKE TO ADD ON THIS THREAD. IF U GOT MARRIED W/IN THE 90DAYS U ARE SAFE EVEN IF UR I-94 EXPIRED..BUT U CAN ONLY TRAVEL W/IN THE U.S NOT INTERNATIONALLY. BUT MAKE SURE UR PASSPORT ARE STILL VALID THOUGH................BUT WITH REGARDS TO YOUR POST, YOU ARE SAFE, BUT MY ADVISE ONLY IS WHEN U TRAVEL TO ANY OTHER STATE MAKE SURE U DO ALWAYS BRING UR DOCS W/ YOU LIKE MARRIAGE CERTIFICATE AND ANY OTHER DOCS THAT COULD PROVE THAT YOU ARE HERE LEGALLY....IT SO HASSLE BUT BETTER BE SAFE THAN TAKE THE RISK...JUST MY 2CENTS....GOODLUCK!

Edited April 11, 2008 by shakira08