Domestic flying, overstayed B-2, AOS pending.

[Skyman 323]

Ok, so the question is in the title.  My wife is past the 6 months on her visa but the AOS is pending.  We need to fly and I wanted to make sure she's ok.  I don't think anyone will even look at her stamps if she has to sho her passport.  I don't know if her Philippine DL would be accepted but her I think she's ok with her MilDep ID card anyway.  Just checking.

[payxibka 10,045]

5 minutes ago, Skyman said:

Ok, so the question is in the title.  My wife is past the 6 months on her visa but the AOS is pending.  We need to fly and I wanted to make sure she's ok.  I don't think anyone will even look at her stamps if she has to sho her passport.  I don't know if her Philippine DL would be accepted but her I think she's ok with her MilDep ID card anyway.  Just checking.

TSA doesn't look at stamps 

[Cristina280390 60]

Do you already have your NOA? If so, I would probably carry it with me on the flight. If not, I still think TSA does not have the authority to get in the migratory status, since there are so many gray areas in it. This is just an opinion based on what I have read online though. Good luck!

[randy32 165]

TSA does not check stamps. Just looking for a valid acceptable ID. A US ID gets you through without much of a glance.

You stated you have a Mildep ID. Have her use that as her primary ID.

 

While the TSA may not have authority/need to get her status, you guys will be at an airport and CBP is right there.

 

[Skyman 323]

6 hours ago, randy32 said:

you guys will be at an airport and CBP is right there.

 

Is that a good thing or a bad thing?

[SusnOwen 159]

We flew out of the country on AP, my husband has an overstay from a B2.  I had all our documentation and NOAs - They didn't look at them, just stamped his passport as AOS.

[flamboyant 2]

Use any form of ID, there won't be any issue. I had several domestic flight after overstaying on B2 visa with AOS pending (No question ever asked). I used my Indian Passport or Canadian DL as ID.

[Celebi 136]

On 4/14/2021 at 6:00 PM, flamboyant said:

Use any form of ID, there won't be any issue. I had several domestic flight after overstaying on B2 visa with AOS pending (No question ever asked). I used my Indian Passport or Canadian DL as ID.

We're planning to fly to Vegas soon with my EAD/AP card. My Philippine passport has expired and my PH driver's license is under my maiden name. Would the AP card be sufficient? I have yet to get an ID with my NY address.

[Skyman 323]

Just a final update, we had no problems. Thanks.