Got married on TN. Can I leave US without AOS?

[Murph4444 12]

Got married a couple of months ago to a US citizen while on TN status. TN runs a couple more years. Can I leave the country on a trip without filing of an AOS? Will Customs and Border Patrol even know I've gotten married if I haven't applied to change status?

[TNJ17 1,329]

It depends on what visa you came in. 

[geowrian 22,337]

Getting married doesn't change your status. You can leave and re-enter using a valid TN visa/status.

You cannot re-enter with intent to AOS, though.

[TNJ17 1,329]

13 minutes ago, geowrian said:

Getting married doesn't change your status. You can leave and re-enter using a valid TN visa/status.

You cannot re-enter with intent to AOS, though.

Ha. I totally missed where they said that. Yeah I second that. I would file for AOS now because you didn’t have intent to adjust when you last entered. Saves you from having to wait for an immigrant visa. 

[Murph4444 12]

Anyone else have any thoughts on this? I'm planning on going to Canada with my US citizen partner this week. Will we be scrutinized when we re-enter?

[eckoin 211]

8 hours ago, Murph4444 said:

Anyone else have any thoughts on this? I'm planning on going to Canada with my US citizen partner this week. Will we be scrutinized when we re-enter?

Haven't done this myself, but if I were you, I wouldn't do it. 

 

When you reenter, they'll ask if anything changed in your life circumstances. Usually, that means, are you still employed with the same company. If yes, why did you go to Canada, to visit family and friends, OK great off you go. 

 

However, since you're going with your new spouse, they will ask how you know each other, you will say you're married, they will ask when you married, and you will say recently. They will confirm if you got married while you were on TN status. You will say yes. They will ask if you submitted a petition to adjust your status in the US, you will say no. They will ask if you plan to do it. If yes, denied. If no, you're going to have to convince the officer that you don't, and they can choose to believe you or not. If they don't, denied. 

 

Lying at any point is a horrible idea. They will definitely ask how you know each other and stick to that. You could cross the border separately and hope that the officer doesn't bother asking if you got married recently or anything of the sort. It's a gamble I wouldn't take, personally. 

[CanadaToCT 5]

I asked the same question to the lawyer we used for our AOS from TN, and was advised not to travel after getting married on TN status.  That said, our lawyer did review some reference material and regulations and thought that technically we could travel if needed, but just advised not to if we didn't have a need to.  Not sure how helpful this is, but it seemed as though it wasn't a well detailed process. 

 

My experience crossing the border with an existing TN was minimal, if any additional questions, but I could certainly see questions being raised if passing through with your spouse.