Flying with with expired tourist visa while fiance petitions are processing...?

[Dylan and Jen 0]

Hi.

I am traveling to New York next month and my Fiance wants a safe way to meet me up there. We are currently in the process of her fiance petition paperwork and have received our receipt.

However, of course, her tourist visa is expired. Is there a possible way for her to fly?

[Asia 2,499]

She wants to travel to the US without a valid visa?

IMO that's impossible.

You said that "of course" her visa is expired.

Why "of course"? I mean it isn't obvious that it is expired.

Edited September 3, 2012 by Asia

[kzielu 1,149]

If she has no visa, then she has no way to fly - she will not be allowed on board of the aircraft.

[Harpa Timsah 13,258]

No.

[Penguin_ie 5,996]

She could try to renew her visa? Chances are slim with a K1 in the works but you never know, especially since she helf a tourist visa before, she may get another one.

[Dylan and Jen 0]

She lives with me in the US, she would be traveling within the US. But if it's impossible then it's impossible. Thanks for the help.

[Penguin_ie 5,996]

Oh she will only travel within the USA? Then it should be no issue, assuming she has some sort of identification (rivers license etc).

However, if she is currently in the USA on an overstayed tourist visa, she may get a ban when she goes to her K1 fiance visa interview.

[Asia 2,499]

She lives with me in the US, she would be traveling within the US.

That changes your situation.

But as Penguin said... If her visa expired, she's collecting her illegal presence in the US (since the first day her visa expired). It might matter if you're choosing K1 route.

Edited September 3, 2012 by Asia

[Krikit 1,165]

You need to be applying for an Adjustment of Status.... not a K-1 visa. The moment she leaves the US (which she is required to do to attend the K-1 visa interview) it will trigger a 3 or 10 year bar, depending on how long she has overstayed. In addition, she is risking possible detention and deportation by showing her passport at an airport. I used to see a ton of ICE (Immigration and Customs Enforcement) vehicles all the time when I lived in FL. It's a big risk.

Check out the AOS forum in the attached link. ( AOS from other visa.... not family-based.) It is more important to ensure her status than to take her on vacation.

http://www.visajourn...-tourist-visas/

Edited September 3, 2012 by Krikit

[Darnell 8,479]

http://us.megabus.com - will that work for you, or no ?

[Dylan and Jen 0]

Sorry guys, I didn't make this clear enough. She is applying for Adjustment of status. We are married and she overstayed her tourist visa. We don't want to risk it so we're going to look into another way for her to travel. Thank you!

[Harpa Timsah 13,258]

Sorry guys, I didn't make this clear enough. She is applying for Adjustment of status. We are married and she overstayed her tourist visa. We don't want to risk it so we're going to look into another way for her to travel. Thank you!

Okay, now that you have correctly elucidated your situation... Yes, she can travel domestically. TSA will look for proof of identity, not anything to do with her old tourist visa. You can bring copies of the NOA1s from the Adjustment of Status to show she is authorized to be here, just in case.

[Krikit 1,165]

Why are you calling her your fiancee if she is your wife?