b1/b2 us tourist visa expired- can travel she travel in US domestic?

[u299792 0]

My wife has US tourist visa and her US tourist visa expired(she stayed over 6 months) because she decided to stay here in US while in process of petitioning for a spouse visa

Now, she wants to travel within US or US domestic.  Her passport is not expired but her US tourist visa is expired because she stayed over 6 months.  Pls advice.

Can she travel using her passport in domestic flights?

[PaulaCJohnny 713]

34 minutes ago, u299792 said:

My wife has US tourist visa and her US tourist visa expired(she stayed over 6 months) because she decided to stay here in US while in process of petitioning for a spouse visa

Now, she wants to travel within US or US domestic.  Her passport is not expired but her US tourist visa is expired because she stayed over 6 months.  Pls advice.

Can she travel using her passport in domestic flights?

You can't stay in the US while your CR1/IR1 is un process.

Are you filling the AOS I-130,I485,I765, ...etc here or you started the process before she came?

If she was asked to present some documents and they see that she is here out of status she can have a big problem. 

 

Edited May 17, 2021 by Paula&Johnny

[SteveInBostonI130 3,477]

Hello,

 

Please provide some details.  If you just filed a I-130 only, then she could be flagged for visa overstay and deportation.  When she flies domestically, she will need to show her passport, and the expired US tourist visa (B2 I assume?) will be a dead giveaway.

 

If you have already filed for AOS (I-485) and have received your NOA1, that can be used as evidence of authorized stay.

 

 

[arken 4,197]

Usually all they check is ID which will be passport biographic page during security, they really don't care about visas or status at domestic terminals but sometimes there could be a badass who could be looking into valid visas or documents as well.

[u299792 0]

On 5/16/2021 at 9:42 PM, SteveInBostonI130 said:

Hello,

 

Please provide some details.  If you just filed a I-130 only, then she could be flagged for visa overstay and deportation.  When she flies domestically, she will need to show her passport, and the expired US tourist visa (B2 I assume?) will be a dead giveaway.

 

If you have already filed for AOS (I-485) and have received your NOA1, that can be used as evidence of authorized stay.

 

 

We submitted a spouse petition last week of April and not sure how long it would take the process or send us a copy of a receipt that they received the application.  Incase, that they sent us a copy of application, can she able to use it to travel domestics ( passport is not expired but the US tourist visa is expire, 6 months expiration)?

[Chancy 6,243]

2 hours ago, u299792 said:

We submitted a spouse petition last week of April and not sure how long it would take the process or send us a copy of a receipt that they received the application.  Incase, that they sent us a copy of application, can she able to use it to travel domestics ( passport is not expired but the US tourist visa is expire, 6 months expiration)?

 

Submitting a spouse petition (form I-130) is not enough to be granted authorized stay in the US.  Did your wife file the I-485 AOS application?  If yes, does she already have the receipt notice for the I-485?

 

Until your wife has that I-485 receipt notice in hand, I recommend keeping a low profile. Normally, airport officers would only check the passport bio page for domestic travel.  But, all it takes is one unlucky encounter with law enforcement for your wife to get in trouble with ICE.

 

Check this thread before deciding to travel without the necessary documentation --

 

 

Edited May 18, 2021 by Chancy
typo

[u299792 0]

17 minutes ago, Chancy said:

 

Submitting a spouse petition (form I-130) is not enough to be granted authorized stay in the US.  Did your wife file the I-485 AOS application?  If yes, does she already have the receipt notice for the I-485?

 

Until your wife has that I-485 receipt notice in hand, I recommend keeping a low profile. Normally, airport officers would only check the passport bio page for domestic travel.  But, all it takes is one unlucky encounter with law enforcement for your wife to get in trouble with ICE.

 

Check this thread before deciding to travel without the necessary documentation --

 

 

yes we submitted the I-485 AOS last week of April (last month) and waiting for the receipt from USCIS.  Once she received the receipt can she able to travel locallly?

[Chancy 6,243]

8 minutes ago, u299792 said:

yes we submitted the I-485 AOS last week of April (last month) and waiting for the receipt from USCIS.  Once she received the receipt can she able to travel locallly?

 

Your wife can actually travel domestically now with just her unexpired passport IF she is willing to accept the slight risk of getting caught without documents proving she has authorized stay.  Traveling with the I-485 receipt notice in hand would eliminate that slight risk.