Inter-state travel with expired i94

[Lindsey&Chris 0]

Hi guys. My wife and I have just had our wedding after I came into the USA on my K1 visa and sent in our AOS a few days ago(within 90 days) and have no reply at all from USCIS to let us know they have it and they have not cashed the check yet either. We have booked our honeymoon in Seattle for 2 weeks from now but we are wondering whether we will have a problem going through the airport because my i94 will be expired by then and we aren't sure whether we will have our NOA1 by that time...I have read on a few pages on the Internet that you can be detained and even face deportation in this situation but I have also read that if you take your marriage license and some proof that you have applied for AOS that they will let you through because you are pending adjustment of status. What do you guys think?

[Ryan H 3,812]

Moved from AOS from Family Based Visas forum to Working & Traveling During US Immigration forum.

**Organizer hat off**

The expired I-94 should not be an issue, no one will probably ask to see it. As you mentioned above bring a copy do your marriage certificate and your NOA1 for the AOS process and you will probably not have any issues.

Edited April 14, 2013 by Ryan H

[Dave&Roza 748]

Hi guys. My wife and I have just had our wedding after I came into the USA on my K1 visa and sent in our AOS a few days ago(within 90 days) and have no reply at all from USCIS to let us know they have it and they have not cashed the check yet either. We have booked our honeymoon in Seattle for 2 weeks from now but we are wondering whether we will have a problem going through the airport because my i94 will be expired by then and we aren't sure whether we will have our NOA1 by that time...I have read on a few pages on the Internet that you can be detained and even face deportation in this situation but I have also read that if you take your marriage license and some proof that you have applied for AOS that they will let you through because you are pending adjustment of status. What do you guys think?

For travel within the US you are inspected by a TSA drone not the CBP like on international travel. All you need is a valid form of ID that matches the boarding pass. That can be a DL, or even a foreign passport. Both my wife and MIL have travelled within the US using their Kazakhstani passport without an issue. The TSA agent never saw the I-94 as it was not in the passport. As far as I know there is no requirement to have the I-94 in the passport until you leave the country so you can turn it in. Are you sure you are reading those accounts on the Internet correctly as only the CBP can detain you and then haul you infront of an immigration judge (yes other LEO can detain you until the CBP arrives, but how often is that going to happen unless you are near the southern border?) to try to have you deported. With a pending AOS application the IJ will trhow the case out.

Enjoy your trip,

Dave

[Noel194 53]

You are classified as a "Period of stay authorized by the Attorney General of the United States". You are in legal status even without an I-94 or NOA1 so no you could not be deported. My wife and I actually entered a military base for a function while she was in your situation and they were aware of the process and gave us no problems.