Travel limited within the US after coming in with K-1?

[mintos 0]

Once the fiance comes to the US with a K-1 visa, is she allowed to freely travel the 50 states? I'm trying to plan our honeymoon, and hawaii seems like a good choice. However, someone told me she might not be able to travel by air until she gets an AP or temp GC.

[Ban Hammer 13,349]

moved from K-1 Fiance(e) Visa Process & Procedures to Working & Traveling prior to getting a Green Card

[Joe_&_Nadiya 1]

Once the fiance comes to the US with a K-1 visa, is she allowed to freely travel the 50 states? I'm trying to plan our honeymoon, and hawaii seems like a good choice. However, someone told me she might not be able to travel by air until she gets an AP or temp GC.

Yes, she's free to travel anywhere in the US (that includes Hawaii). As long as she has a form of Identification when boarding the plane (international passport in this case), she's home free.

Good luck and enjoy your honeymoon in Hawaii.

[TBoneTX 45,319]

Yes, she's free to travel anywhere in the US... she's home free.

In theory perhaps, but reality can differ. Avoid the approximate 50- to 100-mile area near our international borders, especially with Mexico. Customs & Border Protection (CBP) has internal checkpoints, and even U.S. citizens can be harassed. If you venture toward one of these areas, make SURE that your fiancee has ALL paperwork: passport with I-94 information, certified copy of marriage certificate (be CERTAIN to order SEVERAL copies, ideally while you wait at the courthouse for them), and either your NOA1 for the AOS/EAD/AP package or (at least) a photocopy of your cover-letter to show that you have applied for AOS within 90 days of your fiancee's entry to the U.S..

Do NOT treat the above needs casually! There is so much anti-ALL-immigrant sentiment floating around that CBP/ICE (Immigration & Customs Enforcement) may feel compelled to give you a hard time... or they may do it regardless.

OP, please construct your timeline.

[Gary and Alla 3,694]

Once the fiance comes to the US with a K-1 visa, is she allowed to freely travel the 50 states? I'm trying to plan our honeymoon, and hawaii seems like a good choice. However, someone told me she might not be able to travel by air until she gets an AP or temp GC.

She can travel within the US with no problem, even to Hawaii. Even by air.

[TBoneTX 45,319]

She can travel within the US with no problem

OP, see the post before this one for the overall reality of the matter. Regarding Hawaii, you should be fine.

[Rutherford 0]

She can travel within the US with no problem

OP, see the post before this one for the overall reality of the matter. Regarding Hawaii, you should be fine.

How 'bout this .................

My wife and I were married within the 90 day K1 visa situation .

However , it's been over 90 days and we are just starting on the AOS and other stuff, her visa has expired , but we are married, she is worried that if we try to get on a plane , they will give her problems because of her expired visa , any reason to worry ????

Ross

[TBoneTX 45,319]

she is worried that if we try to get on a plane , they will give her problems because of her expired visa , any reason to worry ????

(It's the I-94 that expired, rather than the visa.) If you're traveling domestically, and she's using her passport as photo identification, and if her name on the passport matches her name on the airline ticket, that part of things should be OK. She should carry an official copy of your marriage certificate with her, everywhere she goes when she leaves the house!

The certificate is only a salve, because she is "out of status," and any Federal agent is free to question you/her anywhere, anytime. You have some rights remaining under the Fourth & Fifth Amendments, but still beware. It should be very obvious that your top priority in life is to file the AOS paperwork NOW.

[toma1 10]

Once the fiance comes to the US with a K-1 visa, is she allowed to freely travel the 50 states? I'm trying to plan our honeymoon, and hawaii seems like a good choice. However, someone told me she might not be able to travel by air until she gets an AP or temp GC.

Yes 50 states and PR.

And AP takes only about 6 weeks after you file to adjust status.

[TBoneTX 45,319]

is she allowed to freely travel the 50 states?

Yes 50 states

Re-read the caution of above, PLEASE. Why are people so blase when it comes to potential encounters with CBP & ICE?

[chrisbb_13 0]

is she allowed to freely travel the 50 states?

Yes 50 states

Re-read the caution of above, PLEASE. Why are people so blase when it comes to potential encounters with CBP & ICE?

I live in Las Cruces, about 45 miles from El Paso and Juárez. This is also in the middle of lots of checkpoints, pretty much any direction I travel from here I meet a checkpoint, except towards El Paso. I've never had any problems with the CBP, most of the time, they look at your passport, not even the visa part or I-94 and wave me on. Only once did one of them ask which part of the process we were in and I think that was more out of curiosity than anything else.

My top tip is to travel with Americans and basically look like you don't care that they are looking at your passport. Have the attitude that you have the right to go through the checkpoint, oh and also don't go offering up extra information, apparently the CBP can only ask you certain questions and generally speaking have little right to detain you or anything. I say this because I know there are loads of illegals around here and they still get jobs and houses etc and the CBP still doesn't kick them out.

In hindsight it would have been easier and cheaper to jump the border, silly me and my law abiding ways! lol

[TBoneTX 45,319]

My top tip is to travel with Americans and basically look like you don't care that they are looking at your passport. Have the attitude that you have the right to go through the checkpoint, oh and also don't go offering up extra information

I've been to Las Cruces, and you're right -- although I think that there's a checkpoint on I-10 somewhat east of El Paso. You offer good advice, si man.

apparently the CBP can only ask you certain questions and generally speaking have little right to detain you or anything.

Sadly, Federal agents can often get away with much more than they should, at least more than they ought to under the (ever-weakening) letter of the law. In Texas, when traveling alone, I -- a USC! -- have routinely been asked by them (at internal checkpoints) "Where are you going?" One CBP agent tried to detain me -- at the infamous Alpine, Texas checkpoint -- when I said that I didn't have to answer that (which I didn't and don't). Next time that happens (and it will), I'm playing hardball, and collecting names & badge numbers.

there are loads of illegals around here and they still get jobs and houses etc and the CBP still doesn't kick them out.

That's the job of their colleagues with ICE, si man, and it depends on how tough they want to be or on what kind of day they're having.

In hindsight it would have been easier and cheaper to jump the border, silly me and my law abiding ways! lol

A lot of folks may be soberly nodding their heads at this, tongue-in-cheek though it is, and irrelevant though it is to all who have committed to go through with the "legal" process, si man...