A Permanent Resident Card commonly known as a Green Card allows immigrants to live and work permanently in the United States and places them on the pathway to eventual citizenship. While Green Card holders do not enjoy all the rights of US citizens, they are entitled to many key legal and social protections.
For decades, marriage to a US citizen has been viewed as one of the most reliable ways to secure permanent residency. Under US immigration law, the spouse of an American citizen qualifies as an “immediate relative”, making them eligible to apply for a Green Card through the US Citizenship and Immigration Services (USCIS).
However, immigration attorney Brad Bernstein says that legal marriage alone is no longer sufficient.
Speaking in a recent social media video, Bernstein—who has more than three decades of experience and practices at the Law Offices of Spar & Bernstein—said marriage-based applications are now being examined far more aggressively. Authorities, he explained, are focused less on marriage certificates and more on whether couples genuinely live as spouses.
“Being married does not get you a Green Card,” Bernstein said. “Living together gets you a Green Card.”
Cohabitation under intense scrutiny
Bernstein cautioned that couples who are married but live separately face a high risk of denial. According to him, USCIS officers give little weight to explanations such as work, education, finances or convenience.
“Immigration officers don’t care why you live apart,” he said. “They only care whether you actually share a home as husband and wife.”
Under current enforcement practices, a marriage is considered bona fide only if the couple maintains a shared residence and daily life together. Failure to do so, Bernstein warned, often triggers deeper investigations, tougher interviews and, in many cases, outright rejection of the application.
“If spouses are not living together full-time, the case is already in trouble,” he said, urging applicants in such situations to seek legal advice before filing.
How USCIS assesses ‘good faith’ marriages
USCIS evaluates marriage-based Green Card cases by examining the “totality of the relationship,” rather than relying solely on documents or addresses. Officers look for evidence that the marriage was entered into in good faith, with a genuine intent to build a life together.
Under USCIS policy, a marriage may be legally valid yet still denied if officials determine that the couple had no real intention to live together and entered the union primarily to bypass immigration laws.
Part of a broader immigration crackdown
The tougher approach reflects wider immigration measures under President Donald Trump, whose administration has tightened several legal immigration pathways. These steps have included suspending the Diversity Visa Lottery, which previously offered up to 50,000 visas annually to applicants from underrepresented countries.
USCIS has also shortened the validity period of work permits for Green Card applicants to 18 months and ordered a sweeping review of permanent residency holders from 19 countries previously labelled “countries of concern.”
The increased oversight follows a series of violent incidents involving Green Card holders, which the administration has cited as justification for stricter enforcement.
For prospective applicants, immigration experts say the message is clear: marriage alone is no longer enough. Proving a shared life—under one roof—has become central to securing a marriage-based Green Card.
