While spouses of American citizens are eligible to apply as immediate relatives, officials now focus on whether the marriage is genuine and entered into in good faith
NEW YORK (TIP): Marriage to a US citizen no longer guarantees a Green Card, as US immigration authorities are applying stricter scrutiny to marriage-based applications. While spouses of American citizens are eligible to apply as immediate relatives, officials now focus on whether the marriage is genuine and entered into in good faith.
Immigration experts stress that cohabitation is a key factor, and couples who do not live together face a higher risk of investigation or denial, regardless of the reason for living apart. These measures are part of broader efforts to tighten US immigration policies and prevent marriage fraud.
Below are the key points
Marriage alone is not enough to secure a US Green Card, warns immigration attorney Brad Bernstein.
Spouses of US citizens are classified as “immediate relatives” and are eligible to apply, but approval is not automatic.
USCIS is applying stricter scrutiny to marriage-based Green Card applications under the Trump administration.
Genuine marriage is the main focus, not just legal documentation.
Cohabitation is crucial: Couples are expected to live together full-time as husband and wife.
Living separately raises red flags, even if separation is due to work, education, or financial reasons.
US immigration officers do not consider reasons for living apart, only whether the couple actually shares a home.
Marriages without daily cohabitation are more likely to face investigations, tough interviews, or denial.
USCIS evaluates the “totality of the relationship” to determine if the marriage was entered in good faith.
Legally valid marriages can still be denied if officials believe the intent was to bypass immigration laws.
Broader immigration tightening includes suspension of the Diversity Visa Lottery and reduced work permit duration.
Married couples living apart are advised to seek legal guidance before filing a Green Card application.
Homeland Security Secretary Kristi Noem said: “At President Trump’s direction, I am immediately directing USCIS (United States Citizenship and Immigration Services) to pause the DV1 program to ensure no more Americans are harmed by this disastrous program.”
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