Al Dukor

Hello,

My girlfriend entered the USA 2 years ago as a visitor. We plan to marry
soon. She is also currently out of status and "unlawfully present" more than
180 days because her B-1 extension was denied last April. We realize she
shouldn't travel anywhere that would require re-admission or re-inspection
by INS because she'd likely be barred and denied entry. Considering all
this, would there be any possible risk in traveling to Hawaii? How about the
U.S. Virgin Islands? Since both are US travel I'd assume that going to
either one of those places is akin to going to Florida (i.e. no immigration,
guaranteed return). Is this correct?

Thanks,
Al

Just Jenney

If she's on the verge of being deported (as you described in another thread), she's better off staying within the 48 continguous states.

~ Jenney

Rete

In theory, yes. However, as another thread recently pointed out, since 9/11/2001 even inter-state flights are being checked for travelers who might be or have a problem with USCIS. I believe it was Mr. Folinskyinla who gave us the example that one scenario would be that there is a problem with one of the passengers on the flight and everyone's credentials have to be checked by the FBI. Would you fiancee be able to come through that inspection unscattered? If you are intent on marrying her, why the wait. Do the right thing and marry her now and apply for her adjustment of status so that she is once again "legally" present in the US. It doesn't eliminate the travel issue but at least it would make her a bit more comfortable about being in the US.

Noorah101

My alien husband was recently inspected at a border control roadblock while driving from New Mexico to Texas. They asked him some details about his status here, and he showed them his Arizona State ID and his EAD card. He has not yet had his AOS interview so he does not have a green card yet.

My point is that it's possible to get inspected even when you aren't expecting it. I would stick close to home until her status is more stable.

Best Wishes,
Rene

1Duckie

Funny you should say that. I was in a Mexican Restaurant yesterday with some of my work gal- pals for lunch and immigration agents (funky green/tan attire) came in the place and said hello to everyone. Those that responded in "broken English" were carded. Some were put in a van.

Noorah101

Wow! Where do you live?

Rene

1Duckie

I live in Memphis and work in Collierville, Tn.

The hispanic community has gown the last few years that I have been here but I have never experienced this type of action before in this town.

I can however, remember when I lived in El Paso (a border town) the immigration officers would occationally be seen in the downtown area. This was 25 years ago.

Memphis/Collierville is not what I would call a border town.

I am still here at work and was talking with my manager about this topic and he said the same thing happened at a Walmart in Memphis last month.
He said there were 2 vans parked near both entrances and the agents were talking to several people that were coming out of Walmart.

My manager said that although he is 100% anglo American, they said Hello to him and when he just nodded they said HELLO again so he would respond.

So they are not just checking the Hispanics at Walmart.

Hypertweeky

I wouldn't risk it!

Hypertweeky

Oh my gosh!!:scared:

Folinskyinla

Green/tan? Are you sure? BP people wear green shirts AND pants and green jackets if cold.

1Duckie

Well I may be wrong about the color of the pants. I can assure you they were immigration officers. They came to our table and said hello to all of us and asked us how we were doing and were I was born. Each of us answered their questions.

I look hispanic but am 1/2 Apachie (My photo is on this website).

The place was pretty full of people being a lunch hour.

ukmancoll

I'm don't know if this is OT or not, but what about a honeymoon after the wedding? If you are on a K1 and cannot leave the county until AP is recieved, you would have to stay within the confines of the US.

I was wondering if technically that included Hawaii and the US Virgin Isles....?

Anyone an idea?

Minty

I have a K1 and will be "using" it on April 30th and then flying to Maui to marry a few weeks later. Our attorney has told us that this is OK as you are not leaving the US.

Minty

ian-mstm

I believe these are both okay. The only issue is if the plane develops problems and has to make an emergency landing on non-US territory. You would then quickly find yourself in immigration limbo hell. I personally wouldn't risk it, but then... what are the chances that the plane will develop problems?

Ian

antcrook

Hawaii is a state of the USA so travel to and from the island generally does not require any immigration paperwork to be shown at either end.
Virgin Islands is a territory of the USA. You can fly there without a problem as long as your departure is from the USA, however when I flew back to the USA, on the same carrier, I was asked for for my entry permits. At that time, prior 9/11/2001, I was a student and only had to show the I-20.

So if you do not have AP I would suggest Hawaii.

Ant