'Marriage alone won't get you a US Green Card,' says immigration lawyer

Couples must live together to strengthen US Green Card applications, say immigration experts

For decades, marrying a US citizen has been seen as one of the most straightforward ways to secure a Permanent Resident Card, commonly known as a Green Card. However, American immigration lawyers are now cautioning that marriage alone is no longer enough, as US authorities tighten scrutiny of marriage-based applications.

 

According to the US Citizenship and Immigration Services (USCIS), spouses of US citizens fall under the category of “immediate relatives” and are eligible to apply for a Green Card. Yet, eligibility does not mean automatic approval. Immigration officials are increasingly focused on whether a marriage is genuine in practice, not just valid on paper.

 

 

Why marriage is under closer scrutiny

Brad Bernstein, an American immigration attorney and part of the legal team at the Law Offices of Spar & Bernstein, has warned that marriage-based Green Card cases are now being examined far more closely.

 

“Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” he said in a recently posted Facebook video.

 

Under current enforcement trends, officers are placing heavy emphasis on cohabitation. Couples who are married but live separately face a higher risk of rejection, regardless of the reason for staying apart. Work commitments, education, financial constraints, or family obligations are unlikely to be accepted as valid explanations.

 

“If spouses do not share a home, then their Green Card case is already going down,” Bernstein said, adding that living apart often triggers deeper investigation and, in many cases, denial.

 

What counts as a ‘bona fide’ marriage?

USCIS assesses marriage-based applications using what it calls the “totality of circumstances”. This means officials look beyond marriage certificates and addresses to evaluate whether a couple genuinely intends to live together as husband and wife.

 

Key factors immigration officers may examine include:

 

1. Whether the couple shares a home on a daily basis

 

2. Joint financial arrangements, such as bank accounts or leases

 

3. Consistency in interviews and supporting documents

 

4. Evidence of a shared life, not just a legal relationship

 

Even a legally valid marriage can be denied if officials believe it was entered into without good faith or primarily to gain immigration benefits, USCIS policy notes.

 

Wider tightening of immigration pathways

The tougher approach to marriage-based Green Cards comes amid a broader clampdown on US immigration pathways. Authorities have reduced the validity period of work permits issued to Green Card applicants and ordered reviews of existing permanent residents from certain countries.

 

The Diversity Visa Lottery, which previously offered tens of thousands of Green Cards each year through a random selection process, has also been suspended. US officials have said these steps are part of a wider effort to strengthen immigration checks.

 

Legal marriage alone is insufficient. Immigration experts advise couples to seek legal guidance before filing applications, especially if they are not living together full-time.

 

As Bernstein cautioned, once a marriage is questioned, it can quickly escalate into fraud investigations and repeated interviews. For applicants, demonstrating a genuine, shared life has become central to securing a Green Card.