Marriage to a US citizen no longer guarantees a Green Card. (Photo: Canva)
Marriage to a United States citizen has long been viewed as one of the most secure and straightforward ways for immigrants to obtain a Permanent Resident Card, commonly known as a Green Card. For decades, the belief that tying the knot with an American citizen almost automatically opened the door to lawful permanent residency shaped immigration decisions across the world.
However, immigration experts are now cautioning that this long-held assumption no longer holds true. While marriage to a US citizen still makes a foreign spouse eligible to apply for a Green Card, approval is far from guaranteed. Under intensified immigration scrutiny, officials are increasingly focused on whether a marriage is genuine in practice not just legal on paper.
A Green Card grants lawful permanent resident (LPR) status in the United States, allowing immigrants to live and work in the country indefinitely. It also places holders on a pathway toward US citizenship, provided they meet residency, conduct, and eligibility requirements.
Although Green Card holders do not enjoy all the rights of US citizens such as voting in federal elections they are entitled to several key benefits. These include employment authorization without visa sponsorship, access to social security benefits after eligibility, and protection under US laws. Given these advantages, the Green Card remains one of the most sought-after immigration documents globally.
Under US immigration law, the spouse of a US citizen is classified as an “immediate relative.” This category allows spouses to apply for a Green Card without being subject to annual visa caps, unlike many other immigration routes. Applications are processed through the US Citizenship and Immigration Services (USCIS).
However, immigration attorney Brad Bernstein has warned that eligibility does not equate to automatic approval. “Marriage by itself does not get you a Green Card,” Bernstein said, stressing that USCIS officers are now scrutinising applications more rigorously than ever before.
In other words, while marriage opens the door, it does not ensure that the applicant will walk through it successfully.
According to Bernstein, marriage-based Green Card petitions are under heightened review, a trend that accelerated during policies shaped under President Donald Trump’s administration and continues to influence immigration enforcement.
US authorities have shifted their focus from the mere legality of a marriage to its authenticity. Immigration officers are now tasked with determining whether couples share a real marital life or entered into marriage solely for immigration benefits.
This stricter approach is part of a broader clampdown on immigration pathways. The Trump administration previously suspended the Diversity Visa Lottery, which had issued up to 50,000 immigrant visas annually to applicants from countries with lower rates of US immigration. The same enforcement mindset has extended into family-based immigration, particularly marriages involving foreign nationals.
One of the most critical factors in marriage-based Green Card cases today is cohabitation. According to Brad Bernstein, living together as a married couple has become a decisive requirement.
“Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” he said, making it clear that shared residence is no longer optional.
Bernstein cautioned that married couples who live separately face immediate risk of rejection. “If spouses do not share a home, then their Green Card case is already going down,” he warned.
Immigration officials, he added, do not accept common explanations for living apart, including work obligations, education, financial constraints, or personal convenience. From USCIS’s perspective, a bona fide marriage involves spouses sharing a home and daily life.
Living separately often triggers deeper scrutiny from immigration authorities. According to Bernstein, it can lead to marriage fraud investigations, more aggressive 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. “Once they question it, they’re investigating. And once they’re investigating, they’re looking to deny you.”
USCIS officers are trained to look beyond documents and addresses. Instead, they assess the “totality of the relationship,” examining whether the couple intended to build a life together at the time of marriage.
Under USCIS policy, a marriage can satisfy all legal formalities and still be denied if officials believe it was entered into without good faith. A key standard is whether the couple had a genuine intent to live together as spouses.
If officers conclude that the marriage was primarily intended to circumvent immigration laws, the application can be rejected regardless of legal status. This assessment may involve interviews, background checks, and in some cases, field investigations.
For couples considering marriage as a pathway to US permanent residency, the message from immigration experts is clear: marriage alone is no longer enough. Applicants must be prepared to demonstrate a genuine, shared marital life not just a wedding certificate.
As immigration enforcement continues to tighten, especially for family-based petitions, legal experts advise couples to seek professional guidance before filing applications, particularly if they are not living together full-time.
In today’s immigration landscape, marrying a US citizen may open the door but walking through it requires far more than just saying “I do.”
Sofia Babu Chacko is a journalist with over five years of experience covering Indian politics, crime, human rights, gender issues, and stories about marginalized communities. She believes that every voice matters, and journalism has a vital role to play in amplifying those voices. Sofia is committed to creating impact and shedding light on stories that truly matter. Beyond her work in the newsroom, she is also a music enthusiast who enjoys singing.
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