Marrying a US Citizen no longer guarantees a Green Card, says US Immigration Attorney: What couples need to know

Dreaming of a Green Card by marrying your American partner? Well, that might not be too easy now. While tying the knot with a US citizen can still open the door to permanent residency in America, immigration attorney Brad Bernstein from Spar & Bernstein is sounding the alarm: it’s no sure thing anymore, especially under President Trump’s tightened policies, which have led to more scrutiny of such citizenship cases.A Green Card lets foreign nationals live and work in the US indefinitely. Green Card holders, formally called Lawful Permanent Residents (LPRs), can eventually apply for citizenship after 3-5 years of continuous US living, plus proving “good moral character.” Marriage is a classic path, but here’s the reality check.Heightened scrutiny: “Living Together or No Green Card”Bernstein shares in an honest Facebook video, which has now gone viral on social media: “Being in a relationship does not get you a Green Card. Living together gets you a Green Card.” Immigration officers now laser-focus on whether your marriage is bona fide (genuine, with real intent to build a life) or just a shortcut around immigration rules.But what if you are married to a US citizen but are living apart? That’s a major red flag! “If spouses do not share a home, their case is already going down,” he warns. Doesn’t matter if it’s for work, school, money, or “convenience” – USCIS doesn’t care about excuses. Officers verify shared addresses, joint bills, photos, and daily life proof. Once suspicion kicks in, expect investigators at your door… and likely denial.USCIS agrees: Even legal marriages fail if there’s “no good faith intent to live together as spouses” or an aim to dodge immigration laws.Why the crackdown now?US President Donald Trump, reelected in 2024, has ramped up border security and fraud-busting. A tipping point? The suspension of the Green Card Lottery (Diversity Visa program), which hands out roughly 55,000 visas yearly to low-immigration countries. Homeland Security Secretary Kristi Noem paused it after a suspect tied to a Brown University mass shooting and an MIT professor killing reportedly entered via this route.“At President Trump’s direction, I’m pausing the DV1 program to ensure no more Americans are harmed,” Noem declared, reported NDTV. Marriage fraud falls under the same “America First” microscope.What couples need to doLiving together isn’t optional anymore for such couples – instead, it’s make-or-break evidence to grant them a Green Card. Also, such couples need to keep their records right: lease agreements, utilities, bank accounts in both names. Avoid separate lives, even temporarily. Consult an immigration lawyer early as even one slip can derail their American dreams.This shift in US immigration laws also tests true commitment in couples. If your love’s real, one now needs to prove it daily by living together.What do you think of these changes? Share your views below.