Travelling domestically, do I need ESTA?

[TYosemite 14]

I’m flying to California for my wedding ceremony in a couple weeks, we are already married legally due to my K1 approved before we thought it would so our wedding ceremony planning timing was a bit off (K1 ran out on August 8th, we got married in July).

 

I’m a UK citizen so we’re part of the VWP, do I need to apply for an ESTA to fly to California? 
 

We’ve already applied for AOS, I have my receipt notice letters for all 3 of my applications (I-485, travel parole & work authorization), marriage certificate, K1 is still in my passport & I have my original I-94 even though both are now expired. 
 

If I do need to apply will it affect my AOS processing? 
If not, what proof should I bring with me when I fly? 

[Allaboutwaiting 2,503]

Where are you flying to California from? 

Assuming you're in the US, as you applied for AOS, to travel domestically you just need your passport and the I-797 notice you already received. 

You no longer need any kind of visa.

[HRQX 4,145]

20 minutes ago, TYosemite said:

If not, what proof should I bring with me when I fly? 

Just your UK passport is necessary but also carry your I-485 NOA1: https://www.tsa.gov/travel/security-screening/identification

 

And don't transit through a foreign airport: https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

Do I need advance parole if I am flying from the continental United States to Puerto Rico?  What about Hawaii, Alaska, Guam, or the Commonwealth of Northern Mariana Islands?

No, advance parole would not be needed if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place.

[TYosemite 14]

5 minutes ago, Allaboutwaiting said:

Where are you flying to California from? 

Assuming you're in the US, as you applied for AOS, to travel domestically you just need your passport and the I-797 notice you already received. 

You no longer need any kind of visa.

Buffalo NY is where I’ll be flying from! 
Awesome, that’s great news makes it a little easier on me haha 

[TYosemite 14]

1 minute ago, HRQX said:

Just your UK passport is necessary but also carry your I-485 NOA1: https://www.tsa.gov/travel/security-screening/identification

 

And don't transit through a foreign airport: https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

Do I need advance parole if I am flying from the continental United States to Puerto Rico?  What about Hawaii, Alaska, Guam, or the Commonwealth of Northern Mariana Islands?

No, advance parole would not be needed if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place.

Awesome, thank you for the information! 
I’ll just be flying from Buffalo to San Fran with a layover in JFK (Detroit on the way home) so no international travel for me! 

[chancecody 125]

20 minutes ago, Allaboutwaiting said:

Where are you flying to California from? 

Assuming you're in the US, as you applied for AOS, to travel domestically you just need your passport and the I-797 notice you already received. 

You no longer need any kind of visa.

Just curious as I could be doing this incorrectly LOL. I have flown several times within the US and I never had to carry my I-797 using my Canadian passport. My experience is TSA just looks at your passport as ID to clear the gate. I also succeeded just using a Canadian DL or just a Nexus card. Should I be carrying the I-797 for domestic travel? I flew 4 times already and no issue. TSA is not CBP. 

[HRQX 4,145]

3 minutes ago, chancecody said:

TSA is not CBP. 

Correct, but sometimes (*specifically at airports near the southern border) there are BP agents at the domestic terminals:

[chancecody 125]

2 minutes ago, HRQX said:

Correct, but sometimes (*specifically at airports near the southern border) there are BP agents at the domestic terminals:

Wow…thanks for this. Learned something new. I guess my B2 stamp in my passport is still valid until October but I need to watch out after and be prepared just in case.

[HRQX 4,145]

2 minutes ago, chancecody said:

Wow…thanks for this. Learned something new.

Also see:

• https://www.aclu.org/other/constitution-100-mile-border-zone
• https://www.rollingstone.com/politics/politics-news/border-patrol-agents-stop-domestic-travelers-at-new-york-airport-128775/ "Passengers of a domestic Delta flight from San Francisco to New York were told to show their identity documents to uniformed agents of the Customs and Border Protection agency upon their arrival at John F. Kennedy airport on Wednesday evening."

[Mike E 11,739]

11 hours ago, chancecody said:

Just curious as I could be doing this incorrectly LOL. I have flown several times within the US and I never had to carry my I-797 using my Canadian passport. My experience is TSA just looks at your passport as ID to clear the gate. I also succeeded just using a Canadian DL or just a Nexus card. Should I be carrying the I-797 for domestic travel? I flew 4 times already and no issue. TSA is not CBP. 

The TSA is known to refer passengers it suspects of unauthorized presence to CBP.  And not just at airports near the Mexican border.  

 

It also happens at airports near the Canadian border, airports that have flights to the territories, airports with flights from remote locations like Hyder Alaska (all such domestic  flights are treated as international arrivals) and pretty much everywhere there is a CBP station.  
 

This is why it is wise for K-1s to aggressively pursue SSN, marriage certificate, and REAL ID in that order and in the first 30 days.  It is a lot to do, but it can be done (we did it).
 

Until  she got her green card, domestically,  my wife just flew with her REAL ID and a copy of her I-797 just in case.  She never needed the I-797.  

[Letspaintcookies 2,310]

22 hours ago, chancecody said:

Wow…thanks for this. Learned something new. I guess my B2 stamp in my passport is still valid until October but I need to watch out after and be prepared just in case.

Your B2 is not relevant anymore. Most likely it was canceled when you got the K1 anyways.

[chancecody 125]

6 minutes ago, Letspaintcookies said:

Your B2 is not relevant anymore. Most likely it was canceled when you got the K1 anyways.

Just an fyi I am not on K1. I just visited this folder due to the interesting question. I am on B2 married to a USC who did an AOS in July. My B2 is still valid until Oct 2021 but it is irrelevant anymore because if I depart the US, I will have abandoned my AOS. I was thinking of changing my mind so in order not to have an overstay, I have to leave the US before Oct 2021 (if I change my mind and abandon AOS).

[Letspaintcookies 2,310]

2 minutes ago, chancecody said:

Just an fyi I am not on K1. I just visited this folder due to the interesting question. I am on B2 married to a USC who did an AOS in July. My B2 is still valid until Oct 2021 but it is irrelevant anymore because if I depart the US, I will have abandoned my AOS. I was thinking of changing my mind so in order not to have an overstay, I have to leave the US before Oct 2021 (if I change my mind and abandon AOS).

I thought I remembered you from the AOS from K1. My bad 🤗

[HRQX 4,145]

3 minutes ago, chancecody said:

in order not to have an overstay, I have to leave the US before Oct 2021 (if I change my mind and abandon AOS).

The time the I-485 is pending avoids the accrual of unlawful presence regardless of the I-485 outcome: https://fam.state.gov/fam/09FAM/09FAM030211.html

DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

(1)  (U) For individuals inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a)  (U) the expiration of the Form I-94 (or any extension); or

(b)  (U) a formal finding of a status violation made by DHS, an IJ, or the BIA in the context of an application for any immigration benefit or in removal proceedings, whichever comes first.

(2)  (U) For individuals inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made;

(3)  (U) For individuals granted "voluntary departure" (VD), pursuant to INA 240B, the period between the granting of VD and the date of their departure, if the individual departs according to the terms of the grant of VD;

(4)  (U) For individuals who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that:

(a) (U) the individual does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and

(b)  (U) the individual did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either:

(i)     (U) that the application was subsequently approved; or

(ii)    (U) if the application was denied or the individual departed while the application was still pending, that the application was timely filed and nonfrivolous.

(5) (U) For individuals who have properly filed an application for adjustment of status to LPR, the entire processing period of the application, even if the application is subsequently denied or abandoned, provided the individual (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);  

(6)  (U) For individuals covered by Temporary Protected Status (TPS), the period after TPS went into effect and prior to its expiration; and

(7)  (U) For individuals granted deferred action, the period during which deferred action is authorized.