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Overstaying on VWP and flying internally

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Old Aug 31st 2007, 4:26 pm
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Question Overstaying on VWP and flying internally

I've overstayed my VWP and am marrying my fiancé in the US and beginning the K3 process. I understand that I cannot leave the US now until we have a decision. However before I get married I need to make a couple of internal flights; I'll have overstayed by about two months by the time I fly. I'm assuming that I can't show my passport with my expired visa as photo ID at airport security without risking deportation. Is there any other way I can fly? Can I use my UK drivers licence and no passport without arousing the suspicion of the security officers?

Thanks in advance
sammymax

Last edited by sammymax; Aug 31st 2007 at 4:31 pm.
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Old Aug 31st 2007, 6:52 pm
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Default Re: Overstaying on VWP and flying internally

Originally Posted by sammymax
I've overstayed my VWP and am marrying my fiancé in the US and beginning the K3 process. I understand that I cannot leave the US now until we have a decision. However before I get married I need to make a couple of internal flights; I'll have overstayed by about two months by the time I fly. I'm assuming that I can't show my passport with my expired visa as photo ID at airport security without risking deportation. Is there any other way I can fly? Can I use my UK drivers licence and no passport without arousing the suspicion of the security officers?

Thanks in advance
sammymax
Last month I flew from Las Vegas to San Jose and nobody asked me to see any kind of ID, not even when going through security. Are you sure you need it?
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Old Aug 31st 2007, 7:59 pm
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Red face Re: Overstaying on VWP and flying internally

Originally Posted by Marocco
Last month I flew from Las Vegas to San Jose and nobody asked me to see any kind of ID, not even when going through security. Are you sure you need it?
When I flew through Chicago in May I needed to show photo ID and an American friend who recently flew also needed ID. If I didn't have to show anything it would certainly make life easier.

cheers
sammymax
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Old Sep 1st 2007, 12:49 am
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Default Re: Overstaying on VWP and flying internally

If you are already here ..why do you want a K-3 visa ...
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Old Sep 1st 2007, 4:10 am
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Default Re: Overstaying on VWP and flying internally

Originally Posted by Ray
If you are already here ..why do you want a K-3 visa ...
Exactly what I was going to ask. Sammymax, have you consulted an immigration lawyer on how to proceed? I think you should... K-3 process is for foreign spouses who need a way to get INTO the US. You're already here.
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Old Sep 1st 2007, 5:43 am
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Default Re: Overstaying on VWP and flying internally

Originally Posted by sammymax
I've overstayed my VWP and am marrying my fiancé in the US and beginning the K3 process. I understand that I cannot leave the US now until we have a decision.
Hi Sammy,

Since you are already in the USA, you won't be going for a K-3 visa. Those are for spouses who are currently outside the USA. What you want is to apply for Adjustment of Status to Permanent Resident. This is the route people go when they are currently inside the USA, wishing to stay, based on marriage to a USC.

Try doing more research or consulting with an immigration attorney on this one. You are way off base.

As for domestic flights, you will need to show some kind of ID, yes. I know someone who has no form of American ID at all, and no passport (he's here on asylum). He shows his foreign language birth certificate (which has a recent photo on it...that's the way its' done in his country), plus an English translation of it. He's made several domestic flights without any problem except going through the extra security checks at the airport.

Best Wishes,
Rene
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Old Sep 1st 2007, 7:16 am
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Default Re: Overstaying on VWP and flying internally

Thanks everyone. Yes I know I was way off base. Apologies, was very tired last night and couldn't think straight and yes will be applying for an AOS So do you think I'll be fine at airport security with flashing my UK driver's license?

Cheers
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Old Sep 1st 2007, 10:04 am
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Default Re: Overstaying on VWP and flying internally

Originally Posted by sammymax
Thanks everyone. Yes I know I was way off base. Apologies, was very tired last night and couldn't think straight and yes will be applying for an AOS So do you think I'll be fine at airport security with flashing my UK driver's license?

Cheers
sammymax
I would say as long as there's a picture of you on it, you should be OK with that for a domestic flight.

Rene
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Old Sep 1st 2007, 2:38 pm
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Default Re: Overstaying on VWP and flying internally

Originally Posted by sammymax
When I flew through Chicago in May I needed to show photo ID and an American friend who recently flew also needed ID. If I didn't have to show anything it would certainly make life easier.

cheers
sammymax
Why dont you go to your local DMV and get a tempory ID card for around $10.They will do it while you wait.
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Old Sep 1st 2007, 2:43 pm
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Default Re: Overstaying on VWP and flying internally

Originally Posted by Arizona Wurzel
Why dont you go to your local DMV and get a tempory ID card for around $10.They will do it while you wait.
They might need to see proof that he's here in the USA legally. And at the moment, he is not. His visa has expired.

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Old Sep 2nd 2007, 5:33 am
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Default Re: Overstaying on VWP and flying internally

Originally Posted by sammymax
I've overstayed my VWP and am marrying my fiancé in the US and beginning the K3 process. I understand that I cannot leave the US now until we have a decision. However before I get married I need to make a couple of internal flights; I'll have overstayed by about two months by the time I fly. I'm assuming that I can't show my passport with my expired visa as photo ID at airport security without risking deportation. Is there any other way I can fly? Can I use my UK drivers licence and no passport without arousing the suspicion of the security officers?

Thanks in advance
sammymax
I married my Brit husband when he was on holiday in U.S. this summer. Our attorney advised that when he received his biometrics appt. letter (the first letter from immigration that we received), he should make a copy of it to keep in his wallet while traveling in the U.S. "just in case." This shows that you are in the system for your AOS.
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Old Sep 2nd 2007, 6:49 pm
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Default Re: Overstaying on VWP and flying internally

Thanks everyone, I'll let you know how it goes.

cheers
sammymax
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Old Sep 2nd 2007, 7:27 pm
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Default Re: Overstaying on VWP and flying internally

Originally Posted by tamms_1965
he should make a copy of it to keep in his wallet while traveling in the U.S. "just in case." This shows that you are in the system for your AOS.
I would think this wise; otherwise what would happen if someone asked to see his I-94? Of course, most airports (as in the majority) don't have USCIS presence since they only handle domestic traffic, but of course, some do have personnel present.
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Old Sep 5th 2007, 10:42 am
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Default Re: Overstaying on VWP and flying internally

Originally Posted by snowbunny
I would think this wise; otherwise what would happen if someone asked to see his I-94? Of course, most airports (as in the majority) don't have USCIS presence since they only handle domestic traffic, but of course, some do have personnel present.
I'm on an L1B visa and ONLY use my UK driving license as Photo ID. When I use my passport for checkins I always get the special "SSSS" treatment, when I use my driving license, i don't.
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