Post 90 days, post marriage, pre AOS... documentation of legal status?

[mayomayo 2]

After getting married and applying for the AOS, how do we prove my fiancee's legal status in the United States (post 90 days on visa) if we are stopped by police? We are driving through Arizona this coming summer and she is Hispanic....

[jimnlena 8]

After getting married and applying for the AOS, how do we prove my fiancee's legal status in the United States (post 90 days on visa) if we are stopped by police? We are driving through Arizona this coming summer and she is Hispanic....

Passport with I94, marriage certificate, and Noa from AOS is what I would have. "An illegal usually would not have I94"

[Bernie C 24]

1) Carry her passport which will show she entered the US on a K-1 visa.

2) Carry a copy of your marriage liscence showing you are now legally married.

4) If, at the time you are going to travel, you have received a NOA1 for AOS - carry that. It will show that her AOS application is in process. If not, I would carry a copy of the AOS package that you sent along with delivery notification from the USPS.

Did I miss anything? Maybe Social Security Card.

Always keep everything is as safe a place as possible while traveling too!

[JimVaPhuong 4,863]

After getting married and applying for the AOS, how do we prove my fiancee's legal status in the United States (post 90 days on visa) if we are stopped by police? We are driving through Arizona this coming summer and she is Hispanic....

Until this law has been in effect for a while, I wouldn't expect the cops in Arizona to be particularly competent in determining someone's legal status. Some cases will be straightforward - the person being questioned will present a passport with valid unexpired I-94, a valid green card, or an ID card or driver's license issued in one of the 44 states that require proof of legal residence to get the card. For other cases, they'll probably defer to federal authorities to make the determination. I wouldn't expect an Arizona cop to know the difference between an I-797C and a kindergarten graduation diploma, nor to know the terms and conditions of a K1 visa and whether an alien was in compliance with those terms. I expect this will gradually change, as cops get better training and experience, and learn more about the various types of entry and immigration status documents.

Until she has a green card, the passport is a required form of identification. It would be a good idea to also have the I-94 (in spite of the fact that it's expired), and the I-797C for the AOS. The cop may have no idea what these documents mean, but if he calls the CBP they will be able to explain what he should be looking for. I don't see any value in carrying your marriage certificate unless the I-94 is expired and you haven't filed for AOS, or don't have the I-797C yet. Again, the cop probably won't understand the significance of the marriage certificate relative to the dates on the I-94, but CBP would be able to explain it him.

For now, don't be surprised if an encounter with Arizona police takes a bit of time while they confirm status with CBP or DHS.

[Nik+Heather 121]

I agree with Jim, and I wouldn't travel without the receipt notice for AOS.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to General Immigration Related Discussion as this isn't an AOS question specifically, more a general Immigration question regarding proof of status**

[Brother Hesekiel 2,236]

I agree with Jim as well, but rather than figuring out which safety belt is the better one, I would try to not get in a car accident.

For you that means if you do not speed, do not run a red light or a stop sign, an do not pull any crazy sh*t, you won't be talking to any cop in Arizona at all. Keep in mind, in order for a cop to even say "Hello" to you or your wife he would have probable cause to stop you, and furthermore a suspicion that you or your wife are illegally in the country. For all of this to happen, we reach the realm of a nice lottery win.

You would have reason for concern if your wife would be sitting in front of a Home Depot, ready to jump on any truck, unable to speak a word of English, and had zero, nada, none, nilch form of identification on her. For the rest of us, this is a non issue.

[JimVaPhuong 4,863]

To add again to what's already been posted...

Arizona is a border state. There are random immigration checkpoints up to 100 miles inside US territory. These checkpoints are run by CBP, and not Arizona cops, so they WILL know what documentation constitutes legal status.

In addition, Arizona has checkpoints near the state border on many freeways leading into the state from neighboring states. I don't remember if they had these checkpoints on the California side, but I do remember having to go through them on the New Mexico side. These are routine checkpoints to determine if travelers are bringing certain controlled items into the state, such as fruits and vegetables that must be inspected. These checkpoints are run by the Arizona state police. I have no idea if they would do an immigration check here, but I guess in theory they could.

[Lioncub4 4]

To add again to what's already been posted...

Arizona is a border state. There are random immigration checkpoints up to 100 miles inside US territory. These checkpoints are run by CBP, and not Arizona cops, so they WILL know what documentation constitutes legal status.

In addition, Arizona has checkpoints near the state border on many freeways leading into the state from neighboring states. I don't remember if they had these checkpoints on the California side, but I do remember having to go through them on the New Mexico side. These are routine checkpoints to determine if travelers are bringing certain controlled items into the state, such as fruits and vegetables that must be inspected. These checkpoints are run by the Arizona state police. I have no idea if they would do an immigration check here, but I guess in theory they could.

We just recently travelled along I-8 from Phoenix to San Diego. Going from AZ to CA, we were stopped three times on the CA side by CBP. Coming back, we were stoppped just the once on the AZ side. All four times, they didn't ask for paperwork and only asked very simple questions (where did you drive from). Now, it was my wife (USC) who did the driving and therefore the talking - if they heard my accent wasn't American, they might of asked more probing questions. Who knows. For the trip, we took a small folder with as much info as we thought would be necessary - passport, I-94, AOS receipts, marriage certificate. As Jim said, CBP will probably know this info will constitute legal status - whereas the average cop may not. I assume the OP is travelling through AZ and therefore "shouldn't" ordinarily come into contact with the police.