Marriage to a US citizen no longer guarantees Green Card; living together now key requirement
While marriage to a US citizen has long been a popular route, immigration authorities now closely examine whether the marriage is genuine
PTC Web Desk: Marrying a US citizen does not automatically lead to a Green Card anymore, according to a senior US immigration attorney. Experts say that living together as a couple is now one of the most important conditions for approval.
The Permanent Resident Card, commonly known as the Green Card, allows immigrants to live and work permanently in the United States and puts them on the path to citizenship. While marriage to a US citizen has long been a popular route, immigration authorities now closely examine whether the marriage is genuine.
Cohabitation matters more than marriage certificate
As per a report in India Today, US-based immigration lawyer Brad Bernstein, who has over 30 years of experience, said that couples who are married but live separately face a high risk of rejection.
“Simply being married is not enough,” Bernstein said in a social media video. “If you don’t live together, your Green Card application is already in trouble.”
He explained that US immigration officials are not concerned about the reasons couples live apart, whether due to work, studies, finances, or convenience. What matters is whether the couple actually shares a home on a daily basis.
Bernstein warned that couples who do not live together may attract deeper scrutiny from immigration authorities. This could include tougher interviews, investigations into marriage fraud or even outright denial of the application.
“If immigration starts questioning your marriage, they will investigate. And once that happens, denial becomes very likely,” he said.
He advised couples living apart to seek legal advice before filing any application.
The US Citizenship and Immigration Services (USCIS) evaluates marriage-based Green Card applications by examining the overall relationship, not just paperwork or shared addresses.
According to USCIS guidelines, a marriage may be legally valid but still rejected if it was entered into only to obtain immigration benefits and not with the intention of building a real life together.
These developments come as the Trump administration tightens immigration rules. Authorities have shortened the validity of work permits for Green Card applicants to 18 months.
In addition, President Donald Trump has ordered a review of Green Cards held by permanent residents from 19 countries termed as “countries of concern”, following recent violent incidents involving Green Card holders.