WASHINGTON – Marrying a U.S. citizen is no longer a guaranteed ticket to a Green Card, according to prominent American immigration attorney Brad Bernstein. While marriage to a citizen historically provided a clear path to permanent residency, Bernstein warns that under the current administration’s tightened policies, the process is facing unprecedented levels of scrutiny.
The Green Card, or permanent residency permit, is one of the most sought-after documents for immigrants, offering rights nearly equal to those of U.S. citizens and serving as a mandatory step toward full citizenship. However, the Trump administration has introduced stricter controls to curb the use of marriage solely as a tool for immigration benefits.
Scrutiny on “Bona Fide” Relationships
Bernstein, a seasoned attorney at the Law Offices of Spar & Bernstein, clarified that according to U.S. Citizenship and Immigration Services (USCIS), while a spouse is classified as an “immediate relative” eligible for a Green Card, the legal status of the marriage is no longer the only factor considered.
In a recent video address, Bernstein emphasized that immigration officers are now looking for proof of a shared life rather than just a legal contract. He warned that couples who live separately—regardless of the reason—face a high risk of application denial.
“Immigration officers do not care why you live apart,” Bernstein noted. “Whether it is for work, school, money, or convenience, they only care whether you actually live together as husband and wife.”
Cohabitation as a Key Requirement
Under the new enforcement climate, living in the same home on a daily basis is viewed as the primary indicator of a genuine marriage. Bernstein cautioned that:
- Living apart is now a major “red flag” that triggers immediate investigations.
- Officers are conducting more in-person interviews and “Stoke interviews,” where couples are questioned separately to check for inconsistencies.
- Fraud investigations can be initiated if the couple fails to provide sufficient evidence of commingled finances, joint leases, or a shared residence.
The attorney added that the USCIS evaluates the “totality of the relationship” to determine if the marriage was entered into in “good faith.” This includes assessing shared insurance, joint bank accounts, and even social media activity. Couples who cannot prove they reside together full-time are being advised to seek legal counsel before filing, as the administration moves toward a “zero-tolerance” approach for marriages it deems to be for immigration convenience.
