Traveling within give 50 states on expired stay

[10pmStalker 6]

So I'm trying to educate myself on this whole process.

When i came in the country they stamped my passport for a 6 month stay. I got married within those 6 months. Filed for AOS, and got my receipt for my I-130 payment. My 6 months will expire before I travel to Hawaii. Is it legal for me to travel after my 6 month stay expired? (What is that 6 month stamp called anyway?)

[Hypnos 6,576]

It's not legal for you to be here at all unless you filed an I-485 with that I-130.

In saying that, there are no interior border controls in the US, until you start getting within a hundred miles or so of the Mexican border, then you may encounter quasi-legal CBP checkpoints.

[10pmStalker 6]

I read if you're married and in the process of becoming legal it's alright to travel. Maybe that's wrong?

[10pmStalker 6]

I found this post on these forums. Maybe it changed since 2011. So much conflicting info.

I just called USCIS on March 3rd 2011, the state DPT, and finally US customs and border patrol:

USCIS: " I have no information that says that she can not fly...I would bring your marrage certificate with you to be sure and also contact the state dpt and us customs and border patrol just to be safe"

State DPT: Automated System couldnt get pass the auto system, but heard something about needing a passport and visa for ID purposes.

Customs: "If she is flying domestically within the usa all she needs is a valid passport, it doesn't matter if her i94 date or visa date is expired" I asked what if we have not adjusted status yet? "Well you are supposed to file your adjustment within the 90 days of her visa, but as long as you are not flying abroad she will be fine she is legally able to fly domestically now that she is here and she will not even come across us customs and border patrol during her flight. If she is to fly internationally you will need to be filing ajustment of status, green card, and travel documents to reenter the us."

We are going to bring along a copy of her marriage certificate just in case

[Hypnos 6,576]

Have you filed an I-485? You can probably travel within the US without issue (unless you happen to run into a CBP interior checkpoint; fortunately they're rare) but you're still out of status and deportable if your I-94 has expired and you haven't filed an I-485.

Edited May 11, 2014 by Hypnos

[10pmStalker 6]

Have you filed an I-485? You can probably travel within the US without issue (unless you happen to run into a CBP interior checkpoint; fortunately they're rare) but you're still out of status and deportable if your I-94 has expired and you haven't filed an I-485.

Thanks Hypnos, do you know this for sure? Someone from the forum said having filed for I-485 doesn't keep me from getting deported.

[Hypnos 6,576]

An I-485 protects your status; an I-130 by itself does not.

[kzielu 1,149]

An I-485 protects your status; an I-130 by itself does not.

Well, the question is whether merely sending the form out (without a payment) does really do anything (which was the question in other thread). Answered - no, he/she needs to have a receipt back which he's not going to get without payment.

[sweet cakes 326]

Thanks Hypnos, do you know this for sure? Someone from the forum said having filed for I-485 doesn't keep me from getting deported.

Yep, having mailed in an I-485 application is not going to help you. It's the NOA (I-797c) of the I-485 which will protect your status. This is the only proof that you can show to a CBP officer should you be asked for any, since your I-94 expires by then.

[10pmStalker 6]

Thanks guys. I keep reading how little chance there is that I would be questioned. I know it could happen though. Has people posted on these forums saying they got deported doing this?

[sweet cakes 326]

Thanks guys. I keep reading how little chance there is that I would be questioned. I know it could happen though. Has people posted on these forums saying they got deported doing this?

If you're beyond your legal stay, yes, you are technically deportable. What visa do you have?

[10pmStalker 6]

If you're beyond your legal stay, yes, you are technically deportable. What visa do you have?

I'm not sure. I just got a stamp in my passport for 6 month stay.

[sweet cakes 326]

I'm not sure. I just got a stamp in my passport for 6 month stay.

Did you apply for a visa before you go to US? If so, you should see your visa type on the affixed visa in your passport.

Which country are you from?

[10pmStalker 6]

Did you apply for a visa before you go to US? If so, you should see your visa type on the affixed visa in your passport.

Which country are you from?

I didn't apply for a visa before I came. I came for a 30 day visit with a return ticket then ended up staying longer and eventually got married.

[sweet cakes 326]

Are you from a VWP country? It's strange though, because if so, it should only be 90 days from your entry. I suppose you can retrieve your I-94 and see the actual validity of your stay here: https://i94.cbp.dhs.gov/I94/request.html

Well, as advised above, you are technically deportable since you have overstayed beyond the allowed length of stay given to you. The chances of you getting caught is very small, but the risk goes higher by the border states.