Jump to content
samiam95124

travel on expired K1 visa

 Share

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Colombia
Timeline

Sorry for such a basic question, but I have sent the I-485 material in for my wife,

and her K1 visa is still valid for a few weeks. But we want to go visit her sister

for Christmas, and the visa and I-94 will definitely be expired by then. I don't think

the travel or no travel issue is even that relevant. The bottom line is, what if she

gets stopped with an expired visa? California is not a good state to be in while

speaking only Spanish with an expired visa. Should she carry a copy of the wedding

certificate around with her?

My other searches here only found the answer that "they should not be looking at

your visa in general", not all that comforting.

True story. I had an Indian friend who had an uncle visiting her in Los Angeles.

He got swept up in a raid and bussed "back across the border" to mexico. Why? because

he had dark skin, and the agents who got him were too stupid to realize that he was

babbling in hindi. So the poor guy was wandering around lost in Mexico, able to speak

neither English nor Spanish.

Scott

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

Her K-1 expired the moment she came to the US. It is a single entry visa.

Do you have the NOA-1 from the AOS you'v sent in for her?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

Filed: K-1 Visa Country: Netherlands
Timeline

Her K-1 expired the moment she came to the US. It is a single entry visa.

Do you have the NOA-1 from the AOS you'v sent in for her?

Good luck

She cannot travel outside the country unless she has either her AP (advance parole) finished or her green card in hand. If she travels before one of those two things are in place, she won't be allowed back in the US, and you will be back to square one, filing all over again.

-Blu-

Service Center : California Service Center

Consulate : Amsterdam

02-27-09: I-129F Sent

03-10-09: I-129F NOA1

06-10-09: I-129F NOA2

06-17-09: Rec'vd by NVC

06-18-09: STUCK IN NVC AP

06-25-09: FINALLY petition on it's way to the embassy

06-29-09: DHL delivered our packet to the embassy in Amsterdam

07-01-09: Rec'd Packet 3!!!!

08-01-09: Rec'd Packet 4

08-25-09: Interview date...APPROVED!!!!

12/12/09: Fiancee arrival date WOOOT!

02/20/10: Married and SOOOO happy!

04/20/10: Sent off AOS (finally!)

05/03/10: Rec'd AOS NOA1

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

She cannot travel outside the country unless she has either her AP (advance parole) finished or her green card in hand. If she travels before one of those two things are in place, she won't be allowed back in the US, and you will be back to square one, filing all over again.

-Blu-

Leaving the US without AP would be very bad. Fortunately, California is still in the USA. :bonk: The K1 expiration is meaningless because it's actually "DEAD". If concerned, carry the receipt notice for having filed AOS, and a copy of your marriage certificate.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: K-1 Visa Country: Netherlands
Timeline

Leaving the US without AP would be very bad. Fortunately, California is still in the USA. :bonk: The K1 expiration is meaningless because it's actually "DEAD". If concerned, carry the receipt notice for having filed AOS, and a copy of your marriage certificate.

LMAO...oops, missed the California part. LOL...travel away!

-Blu-

Service Center : California Service Center

Consulate : Amsterdam

02-27-09: I-129F Sent

03-10-09: I-129F NOA1

06-10-09: I-129F NOA2

06-17-09: Rec'vd by NVC

06-18-09: STUCK IN NVC AP

06-25-09: FINALLY petition on it's way to the embassy

06-29-09: DHL delivered our packet to the embassy in Amsterdam

07-01-09: Rec'd Packet 3!!!!

08-01-09: Rec'd Packet 4

08-25-09: Interview date...APPROVED!!!!

12/12/09: Fiancee arrival date WOOOT!

02/20/10: Married and SOOOO happy!

04/20/10: Sent off AOS (finally!)

05/03/10: Rec'd AOS NOA1

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Sorry for such a basic question, but I have sent the I-485 material in for my wife,

and her K1 visa is still valid for a few weeks. But we want to go visit her sister

for Christmas, and the visa and I-94 will definitely be expired by then. I don't think

the travel or no travel issue is even that relevant. The bottom line is, what if she

gets stopped with an expired visa? California is not a good state to be in while

speaking only Spanish with an expired visa. Should she carry a copy of the wedding

certificate around with her?

My other searches here only found the answer that "they should not be looking at

your visa in general", not all that comforting.

True story. I had an Indian friend who had an uncle visiting her in Los Angeles.

He got swept up in a raid and bussed "back across the border" to mexico. Why? because

he had dark skin, and the agents who got him were too stupid to realize that he was

babbling in hindi. So the poor guy was wandering around lost in Mexico, able to speak

neither English nor Spanish.

Scott

California has an estimated population of 3 million illegal aliens - the largest of any state. Local, county, and state police do not ask people about their immigration status when making routine contact. The only time they might check their status is when they are ready to release them from jail, after having arrested them for some other crime.

Los Angeles is a "sanctuary city". They have an official policy that it is not the city's responsibility to enforce federal immigration law. Illegal aliens in Los Angeles, and most of California, make no real effort to hide their immigration status. If you want to find some of them just go to any Home Depot or U-Haul rental center during normal business hours and you'll find them congregating near the parking lot entrance waiting for day jobs.

The kind of raids you're talking about are conducted by federal immigration officials, often with no assistance from local police. They don't drive down the street or go through shopping centers looking for illegal aliens. They raid facilities suspected of being used for human smuggling, mostly near the border with Mexico. They also raid businesses suspected of having large numbers of illegal immigrants. It's highly unlikely someone visiting the state would be in one of these places, and would get caught up in one of these raids.

Your wife will need to present her passport for identification when getting her boarding pass and when clearing the TSA security checkpoint. For a domestic flight, neither the airline ticket agent nor the TSA document checker is going to care about the traveler's immigration status. If the TSA document checker has any suspicions about the passport (if they thing it's fake or belongs to someone else) then they may inspect the entire passport and not just the bio page. In that case, there's a possibility that they might call ICE to come and verify the traveler's immigration status. Frankly, if you're going to have any problems whatever then it's likely to happen during a TSA screening. Once you get off the plane in LA then there is probably less chance of having any problems than any other city in the US, with the possible exception of San Francisco.

Unless your friend's uncle was working in LA when the business got raided then I find the story highly dubious.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...