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Green Card holders, formally known as lawful permanent residents (LPRs), are allowed to live and work permanently in the United States and may apply for US citizenship after meeting eligibility criteria such as continuous residence, typically ranging from one to five years, and demonstrating good moral character. Immigration experts warn that the pathway to permanent residency through marriage is becoming increasingly difficult.
According to American immigration attorney Brad Bernstein of Spar & Bernstein, marriage to a US citizen is no longer a guaranteed route to obtaining a Green Card under the current Donald Trump administration. He cautioned that US immigration authorities are now subjecting marriage-based Green Card applications to heightened scrutiny, with a sharp focus on whether the marriage is genuinely bona fide or merely entered into for immigration benefits.
Living Together Key To Proving Genuine Marriage
Bernstein said immigration officials are prioritising evidence that spouses actually live together and share a real marital life. “If spouses do not share a home, then their Green Card case is already going down,” he warned. “Being in a relationship does not get you a Green Card. Living together gets you a Green Card.”
In a Facebook video that has gained attention online, Bernstein explained that immigration officers closely examine whether couples cohabit daily. “Immigration officers do not care why you live apart, whether it’s for work, school, money or convenience,” he said. “If you're not living in the same house every day, immigration is going to start questioning the marriage.”
Once doubts are raised, Bernstein said, the case can quickly escalate into a fraud investigation. “Once they question it, they're investigating, and once they come knocking on your door, they're looking to deny you,” he added.
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USCIS Rules On Bona Fide Marriages
Under US Citizenship and Immigration Services (USCIS) guidelines, spouses of US citizens are classified as “immediate relatives” and are eligible to apply for a Green Card. However, USCIS makes it clear that a legally valid marriage alone is not sufficient. Applications may be denied if the marriage was entered into “with no good faith intent to live together as spouses” or was designed to circumvent immigration laws.
USCIS officers routinely examine joint financial records, shared residences, photographs, communication history, and even conduct surprise home visits to verify the legitimacy of a marriage.
The stricter approach to marriage-based Green Cards is part of a wider immigration crackdown. The Trump administration has already suspended the Diversity Visa (DV) Lottery, which previously allowed up to 50,000 immigrants annually from countries with low US immigration rates.
The suspension followed reports that a man allegedly involved in a mass shooting at Brown University and the killing of an MIT professor had entered the US through the DV Lottery route. Officials cited national security concerns in justifying tighter immigration controls.
Warning For Aspiring Applicants
Immigration lawyers are now urging couples seeking marriage-based Green Cards to ensure they meet all requirements and maintain clear evidence of a shared life. As Bernstein summed up bluntly: “If you want a marriage Green Card, you live together. Period.”