Non-resident alien married to a US Citizen to travel while still completing paperwork

[Shayna_ian]

What is the name of your state (only U.S. law)? California

I am a US Citizen who just got married last March 2008 with my non-resident alien girlfriend. We weren't able to process the petition yet coz we are still completing all the paperworks and requirements that needs to be submitted. We are going to San Diego this week to attend a funeral,i heard that there is a checkpoint there, my question is , is it safe for my wife to travel in San Diego since its near the border and she's already married to a US Citizen,the only problem is we havent filed the petition yet because we need to complete all the paper works. If ok, can she just bring with her her passport and marriage license and certificate as a proof....Please i need an answer right away...Thanks in advance..

 

[evcalyptos]

What is the name of your state (only U.S. law)? California

I am a US Citizen who just got married last March 2008 with my non-resident alien girlfriend. We weren't able to process the petition yet coz we are still completing all the paperworks and requirements that needs to be submitted. We are going to San Diego this week to attend a funeral,i heard that there is a checkpoint there, my question is , is it safe for my wife to travel in San Diego since its near the border and she's already married to a US Citizen,the only problem is we havent filed the petition yet because we need to complete all the paper works. If ok, can she just bring with her her passport and marriage license and certificate as a proof....Please i need an answer right away...Thanks in advance..

Simply being married to a US citizen does not give your wife ANY immigration status.
What is her current immigration status?
If she has overstayed a legal admission, or if she entered without inspection (snuck in) then she should avoid encounters with border agents.