Booked Honeymoon w/ return after I-94 expires

[PositiveVibes 1]

We are getting married this Sunday and of course today it only crosses my mind that we could possibly have an issue returning from our honeymoon in Hawaii!

We are getting married this Sunday, the 18th and my fiance's I-94 expires on July 28. Problem is we are scheduled to leave for Hawaii on July 22-Aug 5th.

We planned on filing for his AOS the day after the wedding (July 19) but we will definitely not have the NOA in time for our departure date of July 22.

Are we going to have any issues returning on Aug. 5, when his I-94 expires on July 28? Should we bring a copy of our marriage certificate? Can't believe we didn't think of this earlier when we were planning everything with the wedding and honeymoon.

Please help!!

Thanks!

Edited July 14, 2010 by PositiveVibes

[engineer21 51]

We are getting married this Sunday and of course today it only crosses my mind that we could possibly have an issue returning from our honeymoon in Hawaii!

We are getting married this Sunday, the 18th and my fiance's I-94 expires on July 28. Problem is we are scheduled to leave for Hawaii on July 22-Aug 5th.

We planned on filing for his AOS the day after the wedding (July 19) but we will definitely not have the NOA in time for our departure date of July 22.

Are we going to have any issues returning on Aug. 5, when his I-94 expires on July 28? Should we bring a copy of our marriage certificate? Can't believe we didn't think of this earlier when we were planning everything with the wedding and honeymoon.

Please help!!

Thanks!

There should be no issue going to hawaii and back. There is no immigration check point for domestic flights.

I was there last summer (flew from boston) and didn't even bring my passport let alone i-94.

Just took my driver's license, flew there and back. no problems.

Have fun!

Edited to add: An early congrats for your wedding sunday!!

Edited July 14, 2010 by engineer21

[PositiveVibes 1]

There should be no issue going to hawaii and back. There is no immigration check point for domestic flights.

I was there last summer (flew from boston) and didn't even bring my passport let alone i-94.

Just took my driver's license, flew there and back. no problems.

Have fun!

Edited to add: An early congrats for your wedding sunday!!

Thank you for the congrats He does not have a driving license, so I hope its ok.

[engineer21 51]

Thank you for the congrats He does not have a driving license, so I hope its ok.

Oh so just bring his passport for ID to get boarding pass & get in the gate etc.

They won't check for visas or anything like that.

I just don't like to carry my passport around when I don't have to because I've lost mine once already

[Married2009 32]

Thank you for the congrats He does not have a driving license, so I hope its ok.

Are you flying, or going by boat? What type of id will he use?

[PositiveVibes 1]

Are you flying, or going by boat? What type of id will he use?

He has does not have an American driver's license, only a foreign license. We will be flying from NYC to Hawaii with a stopover in Los Angeles. We planned on using his foreign passport to board the planes.

[Rebecca Jo 1,962]

There should be no issue going to hawaii and back. There is no immigration check point for domestic flights.

I was there last summer (flew from boston) and didn't even bring my passport let alone i-94.

Just took my driver's license, flew there and back. no problems.

Have fun!

Edited to add: An early congrats for your wedding sunday!!

Your US driver's license was your ID for boarding the plane, etc. A foreign national is going to have to produce a passport for ID.

Personally, I wouldn't do it. After the I-94 expires, he is out of status. With no NOA1, you can't prove status.

[payxibka 10,047]

moving thread

[TBoneTX 45,972]

Personally, I wouldn't do it. After the I-94 expires, he is out of status. With no NOA1, you can't prove status.

Agreed. About the best you could do would be to carry a copy of the dated cover letter (and ideally, a copy of the check) that you send when you apply for the AOS. It's better than nothing. If you send the package by certified mail/return receipt, carry the return receipt with you, if you receive it back in time (unlikely, considering your timing).

Don't count on an absence of Federal agents on either end. At TSA checkpoints in airports, CBP/ICE agents have been known to lurk, checking foreigners' passports. The copy of your AOS application letter/check could be enough to mollify them into giving you a stern lecture only.

I had my wife carry the copy of our letter/check everywhere she went until the NOA2 arrived, and then she carried a copy of the NOA2 until the EAD & green card arrived. Federal agents are everywhere that you may least suspect, and the government has unlimited time & resources to make our lives miserable. Minimize that as best you can by good preparation, overkill though it may seem.

Edited July 15, 2010 by TBoneTX

[Tom&Steffi 0]

My wife and I flew to Hawaii and back even though her I-94 had expired during AOS and we had NO problems at all. She just needed her passport but nobody looked for a valid visa. Have a great honeymoon there like we did! Congrats!

[TBoneTX 45,972]

She just needed her passport but nobody looked for a valid visa.

Lucky you; unlucky others.

[Chris_Жанна 11]

As long as you have your S/O has their passport there should be no problems there is no CBP check points to clear just the normal TSA security screening that everyone goes through. Besides that I don't think the other agencies have the jurisdiction to enforce immigration type situations (unless you are traveling through AZ). If you are in an airport that is international the worst case scenario the TSA takes your s/o to the CBP. That being the worst case, just bring you past NOA's and be prepared to explain to the CBP that you are going to file for AOS or have filed. I honestly do not think that situation would even arise. But just to be safe bring your documents.

Good Luck.

[Justine+David 218]

You could bring a copy of your marriage license to help with documentation that you have fulfilled the K1 visa requirement...

[john_and_marlene 162]

He has does not have an American driver's license, only a foreign license. We will be flying from NYC to Hawaii with a stopover in Los Angeles. We planned on using his foreign passport to board the planes.

He doesn't need an American driver's license. The foreign license will do. They ask for government issued ID -- that doesn't imply that only U.S. government ID is allowed.

[Rebecca Jo 1,962]

You could bring a copy of your marriage license to help with documentation that you have fulfilled the K1 visa requirement...

Having fulfilled the visa requirement is great. But if the I-94 is expired and the alien holds no I-551, he is still out of status. Even those who have filed are at best under color of law only and not removable.