Marriage to a US citizen has long been seen as one of the most reliable routes to securing a Permanent Resident Card, commonly known as a Green Card. But immigration experts now warn that marriage alone
no longer guarantees permanent residency.
A Green Card puts immigrants on the path to US citizenship and allows them to live and work permanently in the country. While Green Card holders do not enjoy all the rights of US citizens, they have access to many key benefits, making the permit highly sought after.
Does Marriage Still Make Someone Eligible For A Green Card?
Under US law, the spouse of a US citizen is classified as an “immediate relative,” making them eligible to apply for a Green Card through the US Citizenship and Immigration Services (USCIS). However, immigration attorney Brad Bernstein said that eligibility does not mean approval.
“Marriage by itself does not get you a Green Card,” Brad Bernstein said, warning that applications are now being examined far more closely.
Why Are Marriage-Based Applications Facing More Scrutiny?
According to Brad Bernstein, marriage-based Green Card applications are under heightened review, particularly under policies shaped during the administration of Donald Trump. Officials are focusing less on the legal status of a marriage and more on whether it is genuine in practice. This shift is part of a broader crackdown on immigration pathways, which previously included the suspension of the Diversity Visa Lottery that issued up to 50,000 immigrant visas annually.
Is Living Together Now The Key Requirement?
Brad Bernstein said cohabitation has become a decisive factor in marriage-based Green Card cases, adding, “Being in a relationship does not get you a Green Card. Living together gets you a Green Card.”
He cautioned that couples who are married but live separately are at immediate risk of rejection.
“If spouses do not share a home, then their Green Card case is already going down,” he said, adding that immigration officers do not accept reasons such as work, education, finances or convenience for living apart.
What Happens If A Couple Lives Separately?
According to Brad Bernstein, living apart often triggers deeper scrutiny, including marriage fraud investigations, tougher interviews and, in many cases, outright denial of the application.
“If you’re not living in the same house every day, immigration is going to start questioning the marriage,” he said, adding, “Once they question it, they’re investigating and once they’re investigating, they’re looking to deny you.”
How Does USCIS Decide If A Marriage Is Genuine?
USCIS does not rely solely on addresses or documents. Instead, officers assess the “totality of the relationship” to determine whether a marriage was entered into in good faith. Under USCIS policy, a marriage can meet all legal requirements and still be denied if officials believe the couple had “no good faith intent to live together as spouses” and entered the marriage primarily to obtain immigration benefits.
