Marriage to an American used to be spoken of in almost fairy-tale terms in immigration circles. Fall in love, say “I do,” fill out some forms and wait for the Green Card to arrive. These days, that storyline is being rewritten. A wedding album is not enough to carry the plot.
That coveted Permanent Resident Card, better known as the Green Card, allows immigrants to live and work permanently in the US. It places them on a pathway to citizenship.
While it stops short of granting the full rights of a US citizen, it remains one of the most desired immigration outcomes. For decades, marriage to a US citizen has been widely viewed as one of the most straightforward ways to get there.
Under US immigration law, the spouse of a US citizen is classified as an “immediate relative” and is eligible to apply for a Green Card through US Citizenship and Immigration Services (USCIS). But immigration lawyers say eligibility is no longer being confused with approval, and that distinction is becoming decisive.
Immigration attorney Brad Bernstein has admitted to a business portal that marriage-based Green Card applications are now facing far tougher scrutiny.
According to him, this shift gained momentum during the administration of Donald Trump, when stricter immigration enforcement policies began influencing how such cases were handled.
Officials, he has indicated, are no longer content with legal marriage documents alone. They are looking past certificates and signatures and into how couples actually live.
The focus has moved to whether a marriage exists in daily life, a change that mirrors broader tightening across immigration pathways, including earlier restrictions on programmes like the Diversity Visa Lottery.
One factor has become especially influential: cohabitation. Bernstein has said immigration officers place heavy emphasis on whether spouses genuinely share a home. In his view, simply being in a relationship does not carry weight unless the couple is living together.
Couples who are legally married but live apart are increasingly vulnerable to rejection.
Bernstein has warned that if spouses do not share a home, their Green Card case is already heading in the wrong direction. He has added that explanations such as work obligations, education, financial issues or personal convenience are often dismissed by immigration officials.
Living apart, Bernstein has said, almost automatically invites deeper scrutiny. That scrutiny can involve longer interviews, marriage fraud investigations and, in many cases, outright denial. Once immigration officers begin questioning a marriage, he has cautioned, the process tends to move quickly from questioning to investigating, and from investigating to rejecting.
USCIS does not rely solely on paperwork or shared addresses. Instead, officers assess what the agency calls the “totality of the relationship,” examining whether a couple entered into marriage in good faith and genuinely intended to build a life together.
Under USCIS guidelines, even a legally valid marriage can be denied if officials believe there was no good-faith intention to live together as spouses and that the marriage was entered into primarily for immigration benefits.
Immigration experts believe the takeaway is straightforward. Marriage to a US citizen can still open the door to a Green Card, but only when it is supported by an authentic shared life. In today’s system, a marriage certificate may start the conversation, but it no longer finishes it.
Also Read: US Expands Biometric Checks, Green Card Reviews Under New Travel Rules https://www.vibesofindia.com/us-expands-biometric-checks-green-card-reviews-under-new-travel-rules/
