K-1 visa overstayed !

[mallafri76 1,012]

16 hours ago, geowrian said:

 but domestic travel shouldn't be an issue...they don't check immigration status nor go through any sort of entry/exit control. 

 

Actually some of them do. Before I immigrated, TSA checked my status a few times when I came to visit my husband and was flying between states. I was using my Swedish passport at security and on three or four occasions, the TSA agent flipped through my passport and looked for the US entry stamp. I've seen it happen to other foreigners too.

[Transborderwife 4,666]

I've been checked domestically as well 

[Natalia123456 1]

2 hours ago, geowrian said:

NOA1 for the I-485 proves that AOS was filed and accepted, which is when the legal status as the spouse of a USC begins. I think you're referring to the NOA1 for the I-129F, which does not have any legal status associated with it.

 

Re-entry is not guaranteed even once you have a green card. It's only guaranteed to USCs. Being out of status at the time of filing has no bearing on re-entry via AP. The ban would not apply per Matter of Arrabelly (as noted above).

So what do u think is my best option to do and how to be in this difficult situation? 

[geowrian 22,338]

1 minute ago, Natalia123456 said:

So what do u think is my best option to do and how to be in this difficult situation? 

File the I-130 + I-485 (along with the I-131 for AP and I-765 for EAD) as soon as you can to be granted authorized stay. Technically it's not a "legal status", but it's essentially the same and legally protects you from deportation until your case is decided.

 

For domestic flights, you need a valid ID and should carry proof of authorized stay in the event that they do check. The NOA1 will be this proof. Once the AP/EAD comes, you should be able to use that as well.

 

In about 3-4 months, you'll get the AP document and are permitted to make short trips abroad while a decision is pending. I say "short trips" as you don't want CBP to believe you abandoned your residence.

 

Other recent threads I suggest reading:

 

 

[Natalia123456 1]

Big thanks to everyone.

 

Also  wanted to talk to anyone who had this experience but it's ok, i think things will be okay

[TBoneTX 45,998]

*** Thread is moved from the K-1 Process forum to the AOS/Family-Based main forum -- OP is at that stage. ***