AoS being processed. Visa expired

[Morrin Asturias 0]

We're well into a few months of waiting for the AOS to go through, and Work permit, still waiting on both. My wifes Visa has expired. She has a Social security card though. What I'm wondering is if we want to fly within the states, not leaving the country, how would we go about that? Her only photo ID is her passport with an expired visa...

[yohino 22]

I highly doubt they would check anything but the Bio-page in her passport on domestic flights.

Bring your AOS NOA1 if you are worried, so you can prove that she is here lawfully.

[Maxximus1074 14]

If are traveling within the US there should be no problem as TSA officers are normally just verifying the biometric aka picture page of the passport with the plane ticket, are not the immigration officers checking on your status. To put your mind at ease I would recommend that you make photocopies of receipt notices NOAs from USCIS that you have filed for AOS with you that you could show if needed. That way you have a reference for cross checks, IF and that's if they would question the legal status of your spouse. Also, with application of AOS the visa holder automatically loses the visa status in the US and becomes an "applicant/beneficiary for AOS" and is no longer out of status.

Good luck on your AOS journey and have a nice trip

M.

edit: You are fast Yohino... ...just as I typed you posted my answer already

Edited December 7, 2010 by Maxximus1074

[VanessaTony 3,567]

As stated, travel within the US is permitted. Try and stay away from borders if possible to minimise you risks of running into ICE officers. While the AOS pending is supposed to be accepted, like the SSA, not all ICE officers are aware of every immigration rule available so you might risk rough questioning. Having your NOA1 on your will help, but it doesn't protect you. There was a post last year where a girl was on a bus with her hubby who was AOS pending. He was locked up in detention and she had to pay a lot of money to bail him out. once he saw the immigration judge he threw the case out but they were still out the money... just a little warning.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to travel **

[Okalian 41]

Just to add to what everyone else said, the visa is one thing and the status is another. So even if the VISA expired, her status is still valid. Having an I-485 application by itself is a status. Do you know that some states' higher education institutes (universities, etc) will actually let your wife pay instate tuitions just with proof of I-485 filing?

So relax, she's 100% legal and has nothing to worry about, internal-travel-wise.

[TBoneTX 46,356]

Friendly correction: If she entered on a K-1 visa, the visa was dead upon her arrival. It's the I-94 that's now expired.