What Happens When You Leave the US While Married to a US Citizen?

Are you planning to leave the US while married to a US citizen? Being married to a US citizen makes it possible to secure a lawful status. However, it doesn’t automatically provide protection for immigration consequences when leaving the US. Below, let’s explore what happens when you travel abroad while married to a US citizen and what you can specifically take to lessen the risks it carries. 

Understanding Your Current Immigration Status

Your current immigration status determines the corresponding risks involved when leaving the US while married to a US citizen. Are you a visa holder, lawful permanent resident, undocumented immigrant, or someone with a pending immigration application? 

For instance, you are already a green card holder. Generally, temporary trips outside the US do not affect your right to reenter the country. However, traveling abroad for over 6 months can put your green card status at risk. 

Meanwhile, those with a pending adjustment of status application must have secured Advance Parole before departing the US. Otherwise, the immigration officer may regard their application as abandoned upon departure, even if they are the spouse of a US citizen. 

Because of the complexity of immigration rules and the individual situation, understanding your immigration status and history is a crucial step before deciding to leave the US

Key Risks of Leaving the US While Married to a US Citizen

Being aware of the potential risks when leaving the US while married to a US citizen is essential for preparing and protecting your status. The following are some of the risks you must consider before traveling abroad: 

  • You may face heightened scrutiny, denial of entry, or even removal proceedings if you have a history of visa violations. 
  • You may lose your green card status due to presumed abandonment, particularly on international trips lasting more than 6 months
  • Your status as a green card holder may also be at risk and affect your citizenship eligibility if you leave the US for over 1 year without a prior reentry permit. 
  • Even with valid travel documents, you cannot guarantee entry into the US, as it depends on the sole discretion of Customs and Border Protection (CBP) officers

Ensure to Protect Your Immigration Status With ALG Lawyers

Eligibility requirements for a marriage-based green card can be complex, particularly when it involves traveling abroad. Different immigration rules may apply depending on your current status. Hence, consulting a credible Los Angeles immigration lawyer is a crucial step in navigating the complexities of traveling abroad and the marriage-based green card process. 

Our team at ALG Lawyers has decades of experience in providing tailored guidance and case strategies for your immigration concerns. Contact us now to arrange a one-on-one consultation with our legal team. 

FAQs on What Happens When You Leave the US While Married to a US Citizen

You must demonstrate continuous residence and physical presence to be eligible for US citizenship. Generally, leaving the country and reentering within 6 months won’t affect this requirement. However, longer or more frequent absences for over 6 months can cause problems with your US citizenship eligibility. 

Suppose you file an adjustment of status based on a marriage to a US citizen. You can submit the application for an Employment Authorization Document (EAD) concurrently or at a later date. The EAD allows you to work legally anywhere in the US while your green card is pending. However, it expires if your adjustment of status gets denied. 

While being married to a US citizen provides certain legal benefits, it doesn’t protect you against deportation. Below are common situations where the US government can deport you despite your marriage to a US citizen.

  • Staying past your authorized date in the country
  • Violating the terms of your visa or any immigration law
  • Falsifying information in your immigration documents
  • Being convicted of certain crimes
  • Entering the US without being inspected by an immigration officer

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)