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iseobang

K1 has expired, waiting for AOS receipt...can she travel?

By iseobang in Working & Traveling During US Immigration

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iseobang Newbie

iseobang   0

Posted
Filed: AOS (pnd) Country: South Korea
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Hi,

My wife and I got married last month, and her K1 visa expired yesterday (90 days after she arrived in the US). We just sent in her I-485 AOS application last week, so we haven't received the I-797 receipt from the USCIS yet. I know, we should've sent in the I-485 sooner...my bad.

Anyway, we're flying to Boston next week for Thanksgiving, and the only form of ID my wife has is her foreign passport. Will she be ok at the airport with that? I'm afraid they'll flip to the visa page and see that her K1 status has expired and not let her on the plane. I have our marriage certificate which shows that we got married before her K1 expired. Will that be sufficient?

Thanks

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
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Posted
Hi,

My wife and I got married last month, and her K1 visa expired yesterday (90 days after she arrived in the US). We just sent in her I-485 AOS application last week, so we haven't received the I-797 receipt from the USCIS yet. I know, we should've sent in the I-485 sooner...my bad.

Anyway, we're flying to Boston next week for Thanksgiving, and the only form of ID my wife has is her foreign passport. Will she be ok at the airport with that? I'm afraid they'll flip to the visa page and see that her K1 status has expired and not let her on the plane. I have our marriage certificate which shows that we got married before her K1 expired. Will that be sufficient?

Thanks

Well they could "flip" to the visa page but the visa is not the important factor... It is the I-94!

YMMV

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iseobang Newbie

iseobang   0

Posted
Filed: AOS (pnd) Country: South Korea
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Posted
Hi,

My wife and I got married last month, and her K1 visa expired yesterday (90 days after she arrived in the US). We just sent in her I-485 AOS application last week, so we haven't received the I-797 receipt from the USCIS yet. I know, we should've sent in the I-485 sooner...my bad.

Anyway, we're flying to Boston next week for Thanksgiving, and the only form of ID my wife has is her foreign passport. Will she be ok at the airport with that? I'm afraid they'll flip to the visa page and see that her K1 status has expired and not let her on the plane. I have our marriage certificate which shows that we got married before her K1 expired. Will that be sufficient?

Thanks

Well they could "flip" to the visa page but the visa is not the important factor... It is the I-94!

Ah, sorry. That's what I meant...her I-94 shows "Class K1 until Nov. 18, 2008"

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Since the TSA has taken over the airport ID checking, it is possible they will want to verify her "status"... So, while she is perfectly legal to be in the USA, you lack any kind of the documentation to prove it.. (ie.. the minimum probably being the I-797C for the AOS application)

YMMV

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