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Filed: K-1 Visa Country: Philippines
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Posted

Good morning, i have a question my wife is already living in texas but were planning to go to san antonio but we have to go through  u.s texas customs border patrol checkpoint and her aos case is still pending to be approved until this day, her EAD is 4 weeks until she gets approved, her i485 pending, pending  advance parole all of them and her passport k1 is already expired including her i94. How can she can go though checkpoint without and problems? Should we wait until she get her EAD or is her receipts from uscis will be fine?

And so even k1 visa and I94 is already expired should we just bring expired k1 and expired I94 and receipts of uscis was enough? Just wondering because i dont want her to get stopped at the checkpoint. 

On 8/25/2015 at 12:18 AM, TBoneTX said:

People here often post questions about flying domestically when they're at various beginning stages of the immigration process. Answers vary from "carry your complete current documentation with you" to "you will have no problems."

 

Customs & Border Protection agents sometimes hang out at the TSA airport checkpoints. In August 2015, I flew out of a border-area airport in south Texas and took the opportunity to query the CBP agents at the TSA checkpoint.

 

T-B.: When you hang out at the TSA checkpoints, are you checking that

foreign travelers are in status?

CBP: Exactly.

T-B.: For example, what if a K-1 entrant's I-94 is expired?

CBP: We have all kinds of ways of checking their status.

T-B.: Would it help if they have their marriage certificate with them?

CBP: Absolutely.

T-B.: If they've applied for AOS and have their I-797 or at least a copy of their

cover-letter for their I-485, does it help?

CBP: Absolutely anything that they can provide will help a lot, and will speed things up.

T-B.: Why are you at some airports and not others?

CBP: We're at border airports and others that are ports of entry. We're not at all of them.

T-B.: But it still makes sense for legal immigrants to carry their current documentation?

CBP: Absolutely. It helps them and it helps us. It speeds things up a lot.

T-B.: I'll pass this along. Thank you.

 

This confirms that it makes sense to carry your most recent documentation with you until you have your green card.

 

I first had Mrs. T-B. carry her marriage certificate (MC) and passport with valid I-94.

Then, she carried her MC, passport, and copy of her cover-letter for AOS/EAD/AP.

Then, she carried her MC, passport, and her NOA1 (I-797) for AOS.

Then, she carried her MC, passport, and AP.

Then, she carried her first green card (= the law).

Then, she carried that green card and her cover-letter for ROC.

Then, she carried that green card and her NOA1 for ROC.

Then, she carried her 10-year green card until she became a naturalized citizen (= the law).

 

These documents came in handy at various stages, including at a Texas/Mexico land-crossing POE, a couple of airports, and especially inland CBP checkpoints while driving. At these last, the CBP agents are typically in poor humor and are looking to nail someone. For example, if you're not carrying your green card, they'll detain you for as long as it takes to verify that you're who you say you are.

 

The above is presented in hopes that it will help others.

  • 1 month later...
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
On 4/16/2024 at 1:30 AM, Mikerivers said:

her receipts from uscis will be fine

^^ This.

On 4/16/2024 at 1:30 AM, Mikerivers said:

expired k1

The K-1 visa was "dead on arrival" at her initial port of entry.  See above.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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