Daijiworld Media Network - Washington
Washington, Jan 2: The United States’ Permanent Resident Card, widely known as the Green Card, remains one of the most sought-after permits for immigrants aiming to live and work in the country. While marriage to an American citizen has long been a pathway to obtaining a Green Card, immigration experts warn that marriage alone no longer guarantees approval.
According to US Citizenship and Immigration Services (USCIS), spouses of American citizens are classified as "immediate relatives," making them eligible to apply for a Green Card. However, Brad Bernstein, an immigration attorney with over 30 years of experience at the Law Offices of Spar & Bernstein, stresses that the US government now closely examines whether a marriage is genuine and whether spouses live together.
“Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” Bernstein explained in a Facebook video.
He warned that couples who live separately face immediate risk of rejection, regardless of the reasons, including work, school, or convenience. “If spouses do not share a home, immigration is going to start questioning the marriage. Once they start investigating, denials are likely,” he said. Cohabitation is viewed as a key indicator of a bona fide marriage, and living apart can trigger heightened scrutiny, including marriage fraud investigations, interview hurdles, and outright denials.
USCIS evaluates the totality of the relationship, looking beyond addresses to determine if the marriage was entered in good faith and not solely to circumvent immigration laws. A marriage may satisfy legal formalities but still be denied if there is “no intent to live together as spouses.”
These developments come amid the Trump administration’s stricter immigration policies, which include suspending the Diversity Visa Lottery, reducing work permit durations for Green Card applicants to 18 months, and reviewing Green Cards issued to permanent residents from 19 countries of concern. The moves follow security incidents involving immigrants holding Green Cards, prompting intensified oversight of immigration pathways.
Immigration attorneys strongly recommend that couples living apart seek legal guidance before applying, as USCIS is increasingly focusing on the authenticity of marital cohabitation in marriage-based Green Card applications.