Air Travel Within US after I-94 expires but before EAD Card

[jenni17 36]

Hello All,

My husband entered the US on a K-1 Visa in Sept, we got married in a small courthouse ceremony in Oct and sent his paperwork for AOS about a week ago. We're planning a big religious wedding ceremony with friends and family for April and are planning a honeymoon trip to Napa Valley for right after. I'm sure his EAD card will arrive well before we travel, but you never really know with USCIS... so my question is, on the off chance that he were to travel before the EAD and after his I-94 expires, would we have an issue with passing through TSA security? He currently has a MD state issued drivers license, but this also expires when his I-94 does. I've been told different things by 3 different people about when we can renew his drivers license one said when he gets his green card, another said when he gets the EAD and another said that once he has his AOS NOA1 he can extend it for 8 months and then has to bring the green card to extend it further... just goes to show how clueless the MD MVA actually is.

But my root question is, has anyone had issues traveling before the EAD? We would carry his Social Security Card, NOA1 for the AOS and our Marriage certificate. But has anyone had trouble traveling and presenting a foreign passport with an expired I-94 as their photo id to TSA?

Thanks!

[Dave&Roza 748]

Hello All,

My husband entered the US on a K-1 Visa in Sept, we got married in a small courthouse ceremony in Oct and sent his paperwork for AOS about a week ago. We're planning a big religious wedding ceremony with friends and family for April and are planning a honeymoon trip to Napa Valley for right after. I'm sure his EAD card will arrive well before we travel, but you never really know with USCIS... so my question is, on the off chance that he were to travel before the EAD and after his I-94 expires, would we have an issue with passing through TSA security? He currently has a MD state issued drivers license, but this also expires when his I-94 does. I've been told different things by 3 different people about when we can renew his drivers license one said when he gets his green card, another said when he gets the EAD and another said that once he has his AOS NOA1 he can extend it for 8 months and then has to bring the green card to extend it further... just goes to show how clueless the MD MVA actually is.

But my root question is, has anyone had issues traveling before the EAD? We would carry his Social Security Card, NOA1 for the AOS and our Marriage certificate. But has anyone had trouble traveling and presenting a foreign passport with an expired I-94 as their photo id to TSA?

Thanks!

He walks up to the TSA agent with his foreign passport opened to the bio page. The TSA agent looks at the name on the bio page and the name on the boarding pass. Looks at the photo and looks up at your husband. Stamps the boarding pass and your husband moves on to the body cavity err I mean security area and then on to the gate for boarding. TSA has no jurisdiction on immigration. They are not even federal agents as they are not allowed to carry firearms. All they do is check ID and cause long lines as people try to get to their departure gate. Domestic flights have nothing to do with CBP. The TSA lists as acceptable forms of ID a foreign passport. My wife and MIL travelled domestically with their passports and the TSA agent never looked for the I-94. Now that the I-94 is electronic, they is no white piece of paper to loose or for them to look at. An expired visa is irrelevant to whether you are legally in the US or not. Besides the K-1 visa was no longer valid once you used it to enter the US. It is a one entry visa. You lawful status is determined by the I-94 which the TSA agent has no way of looking up.

Have a good trip as there will be no problem using the foreign passport s ID,

Dave

[ltkenbo 3]

Well I know that TSA is usually just looking to make sure that the name on the ticket matches the person traveling. I'm not sure if they would look through the passport to see the i-94 though, I wouldn't think so since they're not CPB, they're just travel security so I don't think they have anything to do with that.

I know I've traveled internationally before and they didn't ask for a passport, just a photo ID (of course we all know how "efficient" TSA is) probably since they always ask for a passport at the door to the plane.

http://www.tsa.gov/traveler-information/acceptable-ids

Edited December 8, 2013 by ltkenbo

[Hypnos 6,576]

There are no interior border controls at US airports. He would only have to show normal ID to board a domestic flight (a foreign passport would suffice).

In the state of Maryland he can present his EAD (once you've received it) to renew his driver's licence: http://www.mva.maryland.gov/Driver-Services/Apply/sources-of-proof.htm

It's usually a good idea to carry around a copy of the NOA for his I-485, to show that his green card application is pending. It's extremely unlikely anyone would ask to see it, but it's better to have it and not need it than to need it and not have it.

Edited December 8, 2013 by Hypnos

[Nigel&Meggie 40]

I agree, there is nothing wrong with traveling domestically using a foreign passport as ID and I-94 expiration should not matter. The only thing TSA needs to do is verify identity with the photo page. That said, I have seen TSA flip through my husband's passport and look at other pages when boarding for domestic flights. It is unlikely, but still possible that they will see the expired I-94, not know enough about the immigration process to understand your explanation, and choose to hold you up. Worst case, you may be delayed while trying to explain your status. My advice would be to take your paperwork and leave yourself plenty of extra time, just in case. It shouldn't end up being a problem, but no one here can promise that you won't get a nosy TSA person checking more than they need to.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Working & Traveling During US Immigration - topic is about traveling with US, not AOS process ~

[Gosia & Tito 199]

Hello All,

My husband entered the US on a K-1 Visa in Sept, we got married in a small courthouse ceremony in Oct and sent his paperwork for AOS about a week ago. We're planning a big religious wedding ceremony with friends and family for April and are planning a honeymoon trip to Napa Valley for right after. I'm sure his EAD card will arrive well before we travel, but you never really know with USCIS... so my question is, on the off chance that he were to travel before the EAD and after his I-94 expires, would we have an issue with passing through TSA security? He currently has a MD state issued drivers license, but this also expires when his I-94 does. I've been told different things by 3 different people about when we can renew his drivers license one said when he gets his green card, another said when he gets the EAD and another said that once he has his AOS NOA1 he can extend it for 8 months and then has to bring the green card to extend it further... just goes to show how clueless the MD MVA actually is.

But my root question is, has anyone had issues traveling before the EAD? We would carry his Social Security Card, NOA1 for the AOS and our Marriage certificate. But has anyone had trouble traveling and presenting a foreign passport with an expired I-94 as their photo id to TSA?

Thanks!

TSA job is to validate id.

We in fact traveled with a foreign passport within the US. No one ever looked at the I-94 (I would even think they don't know what that is). In the event someone questions it, I would have NOA and marriage cert to validate it's all good.

To your driver's license questions, in TX, they wanted to see the EAD; so we waited to get her id until EAD was delivered, otherwise the driver license was valid only to the expiration of the I-94, to short and a waste of time/money in our opinion. The clerks were clueless as well, and I spoke directly to a manager/supervisor.

[jft 12]

My wife and I travelled to San Diego for our honeymoon and the only ID she showed was her state drivers license. While she had her passport on her the TSA agent did not ask to see it.

[Dave&Roza 748]

My wife and I travelled to San Diego for our honeymoon and the only ID she showed was her state drivers license. While she had her passport on her the TSA agent did not ask to see it.

The OP's husband does not have a valid state ID as it expired with the I-94, otherwise we all would tell the OP to use the state issued ID and not have a problem with the passport. You wife showed one of the valid documents. My wife now shows her GC as she has yet to get a DL, but before the GC she used her foreign passport as ID for domestic travel. The OP's question is if the TSA will give her husband any problems if he uses his passport and has an expired I-94. Since TSA's job is to verify ID and not enforce immigration laws, there SHOULD be no problems. As others have stated, you can get one that flips thru the passport and begins to question her husband even though they have no legal authority to do so. There are a lot of cases where federal employees do not know what their job is and either over-step their authority or do not have a clue as to the rules they are to follow--i.e. think SSA.

Dave

[jenni17 36]

Thanks to everyone for your responses! It makes us feel better knowing that the consensus is that we shouldn't have any issues, but we will bring copies of important documents just in case.... fingers are crossed though that the EAD card comes quick!

[TBoneTX 45,288]

We would carry his Social Security Card, NOA1 for the AOS and our Marriage certificate.

The bolded items are crucial. There are no formal airport border-controls in the U.S., as stated; however, other VJ members have reported that CBP agents hang around the TSA areas in some California airports. Expect the CBP agents to be bored, and expect the worst of them to be wanting to nail someone.

Carrying the above documents should yield the necessary protection. Despite the high likelihood of nothing happening, be prepared just in case.

Edited December 9, 2013 by TBoneTX