Traveling domestically with foreign passport and expired K1 visa

[hamlet2012 1]

Hello, my husband is traveling with me from NYC to SF. He has a valid foreign passport. However, his K1 visa is expired. I read on other forum posts that if you bring your Adjustment of Status receipt with you, it should be fine. His AOS is from August, 2017. We could tell TSA (or CBP, but unlikely in SF, right?) that it is simply taking a long time. However, the problem is that USCIS denied his I-485 in June, 2019 due to an administrative error they made (acknowledged and apologized for by a Tier 2 agent). We are still in the process of fighting it but we haven't received any notice of immediate deportation. 

 

What are the chances that my husband's name is on some kind of list? When his foreign passport is scanned, will that alert authorities that he is still in the US? Do you think an AOS from 2 years ago will be questioned? Would bringing our official marriage certificate help? 

 

Any advice is much appreciated. Thank you! 

[Cryssiekins 976]

If he has a receipt for an AOS application that is still pending (not the denied one) than he is in “authorized stay”, and domestic travel is okay.  

[Pmta1 39]

The validity of the K visa is irrelevant after you're already married within the 90 days. In addition, flying domestically doesn't require a visa, it just requires a valid form of ID. 

If your AOS was denied and later reaffirmed, I doubt there will be an immediate threat of deportation. If he was really on a removal proceedings, you would've been notified. So, to me, there's no threat of being held by CBP due to a pending I-485. You're free to carry along your AOS as proof of a pending application (although I don't think it's necessary).