Traveling within USA after K-1 Visa expiration

[evadoering 0]

So my wife and I got married within the 90 days that were alloted for the k-1 visa, that was 5 months ago. We are now putting in for her Adjudgement of status. Now her k-1 visa says 31may2014 for her expiration which is 3 months after she arrived. We have not filed the adjudgement of status yet and I have to fly home for a funeral and would like to bring my wife with me. We would only be traveling within the continental united states. She has a military dependent ID card which the TSA accepts as a vaild form of ID. My question is, will there be an issue with her flying within the continental united states?

[clairegie 265]

I don't see why there would be any issues seeing as she's not leaving the United States. But I suggest getting to adjusting her status as soon as you can to avoid concerns about future travels. I don't know who passed away but I'm sorry for your loss.

BTW, here is a related thread about your concern that is helpful Please read it.

http://www.visajourney.com/forums/topic/481055-traveling-within-usa-k1/

[Hypnos 6,578]

She shouldn't have issues with the TSA, but if she encounters any CBP officials it could be a problem, since she is out of status, deportable, and could be detained by ICE. That's how an immigrant activist was picked up in Texas a few weeks ago, the TSA let him through but a passing CBP officer asked about a visa, found he was illegally present, and he was then detained.

You will probably be ok, but some people aren't comfortable with settling for "probably".

Edited August 17, 2014 by Hypnos

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum, past K1~

(organizer hat off)

Your wife's K1 visa was a one-time, one-way visa that expired the moment she entered the US at her POE. Her current immigration status is determined by her I-94. She should be okay traveling within the US, provided she does not encounter a roving CBP inspection station that may be located near the southern US border.

You should start the AOS process as soon as possible.

Good luck on your immigration journey.

[evadoering 0]

Well I am stationed in Fort Bliss Texas, in El Paso, 10 minutes away from the Mexican Border, what do you think?

[Hypnos 6,578]

Given that extra information, I wouldn't do it. ICE detention will be extremely unpleasant, and it's possible if picked up that she would remain in custody for a few days, maybe even a few weeks.

Is it likely to happen? Not really, but given your geographical location, it's higher than someone living further away from the border. I personally would not risk it.

The immigrants' rights activist I mentioned above was detained in McAllen, TX, at the airport, whilst trying to board a domestic flight.

I would add that if her I-94 is still valid then she is still in a period of authorised stay, and the risk of detention would be zero.

Edited August 18, 2014 by Hypnos

[kehills 217]

If the I-94 expired at the end of May and you haven't filed for AOS yet, I personally wouldn't risk it if it's not absolutely necessary. She's out of status and they're cranky down there, and that could mean being in custody for–well, does it really matter how long?

[Pitaya 2,577]

Given that extra information, I wouldn't do it. ICE detention will be extremely unpleasant, and it's possible if picked up that she would remain in custody for a few days, maybe even a few weeks.

Is it likely to happen? Not really, but given your geographical location, it's higher than someone living further away from the border. I personally would not risk it.

The immigrants' rights activist I mentioned above was detained in McAllen, TX, at the airport, whilst trying to board a domestic flight.

I would add that if her I-94 is still valid then she is still in a period of authorised stay, and the risk of detention would be zero.

I agree with Hypnos, given the supplemental information about OP's location.

[Pitaya 2,577]

Given that extra information, I wouldn't do it. ICE detention will be extremely unpleasant, and it's possible if picked up that she would remain in custody for a few days, maybe even a few weeks.

Is it likely to happen? Not really, but given your geographical location, it's higher than someone living further away from the border. I personally would not risk it.

The immigrants' rights activist I mentioned above was detained in McAllen, TX, at the airport, whilst trying to board a domestic flight.

I would add that if her I-94 is still valid then she is still in a period of authorised stay, and the risk of detention would be zero.

I agree with Hypnos, given the supplemental information about OP's location.

[evadoering 0]

I went to USCIS this morning and I talked to one of the people there and they said, one, why am I being so lazy not having turned in my i-485 haha. Secondly, they said there should be no issue. The worse thing that would happen is they would ask her questions on why we havent filed the i485 for it yet and what not. She would not be thrown in prison or deported or anything. I am in the US army and both my wife and I are traveling with Military I.Ds They said if for some out of the blue reason we do get questioned (which he highly doubts) just be honest and we wont have any problems. So i say since I got the all clear from USCIC themselves, I should be good to go?.

[Merrytooth 5,748]

I went to USCIS this morning and I talked to one of the people there and they said, one, why am I being so lazy not having turned in my i-485 haha. Secondly, they said there should be no issue. The worse thing that would happen is they would ask her questions on why we havent filed the i485 for it yet and what not. She would not be thrown in prison or deported or anything. I am in the US army and both my wife and I are traveling with Military I.Ds They said if for some out of the blue reason we do get questioned (which he highly doubts) just be honest and we wont have any problems. So i say since I got the all clear from USCIC themselves, I should be good to go?.

USCIS and CBP are two different agencies ...

You trust USCIS for legal advice?

You can roll your dices if you want.

Found you an example here:

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

Edited August 18, 2014 by Merrytooth

[evadoering 0]

Well we went through all the procedures correctly, we have not done anything wrong. We are not being sneaky or shady, we went through the whole immigrations process like everyone else. She has a SSN Card and American I.D and i work for the DOD. We filed for the K-1 5 months later we got approved. I went to USCIC after that and asked them if there was a specified time to have the i-485 put in or if she would be considered illegal. And they said no. And that was 3 months ago. And then i went again this morning to ask about the flight. I have done everything so far in the process exactly as I was supossed to. They have no reason to detain her or anything of the sort.

[Merrytooth 5,748]

Re-read Hypnos posts again.

Being out of status has its risks but it is your call.

[kehills 217]

Being out of status is not the same thing as being illegal; that does not mean CBP wouldn't pick her up and detain her while clarifying her status, or otherwise saying "file AOS now or else." Do you really want your wife to be picked up even if she'll eventually be released? :|

Edited August 18, 2014 by kehills

[David & Diana R 1,005]

Well I am stationed in Fort Bliss Texas, in El Paso, 10 minutes away from the Mexican Border, what do you think?

Now you're talking greater danger as far as her being "nabbed" by someone, even driving around El Paso and the area. If I were you I'd get the AOS filed before I did anything else...but that's just me.

Good Luck