Marrying US citizen no longer guarantees a Green Card: Immigration attorney
The idea of marrying a US citizen to obtain a Green Card has long been a common notion among immigrants seeking to live and work in the United States. However, according to Brad Bernstein, an American immigration attorney, this is no longer a guaranteed path to obtaining permanent residency. Under the Trump administration, marriage-based Green Card applications are being scrutinized more closely, and officials are taking a harder look at whether a marriage is genuine in daily life.
In recent years, the US Citizenship and Immigration Services (USCIS) has been cracking down on marriage fraud, and as a result, couples who are legally married but live apart are increasingly at risk of rejection. This shift in policy has significant implications for immigrants who are seeking to obtain a Green Card through marriage. In this article, we will explore the changes in the immigration landscape and what immigrants need to know about obtaining a Green Card through marriage.
Historically, marrying a US citizen was considered a relatively straightforward way to obtain a Green Card. The process typically involved filing a petition with USCIS, providing documentation of the marriage, and attending an interview with an immigration officer. However, under the Trump administration, the process has become more complex and rigorous. Immigration officials are now taking a closer look at the legitimacy of marriages, and couples must be able to demonstrate that their marriage is genuine and not solely for the purpose of obtaining a Green Card.
One of the key factors that immigration officials consider when evaluating a marriage-based Green Card application is whether the couple lives together. Couples who are married but live apart are considered to be at higher risk of having a sham marriage, and their applications are more likely to be scrutinized. This can be a problem for couples who are married but have to live apart due to work or other obligations. For example, a couple who is married but has to live in different countries due to work or family obligations may be considered to be at higher risk of having a sham marriage, even if their marriage is genuine.
Another factor that immigration officials consider is the couple’s financial situation. Couples who file joint tax returns, have joint bank accounts, and own property together are considered to be more likely to have a genuine marriage. On the other hand, couples who maintain separate financial accounts and do not file joint tax returns may be considered to be at higher risk of having a sham marriage.
In addition to these factors, immigration officials also consider the couple’s social media activity, phone records, and other documentation to determine whether their marriage is genuine. For example, a couple who does not have any photos together on social media or who does not have any phone records of communicating with each other may be considered to be at higher risk of having a sham marriage.
So, what can immigrants do to increase their chances of obtaining a Green Card through marriage? First and foremost, it is essential to ensure that the marriage is genuine and not solely for the purpose of obtaining a Green Card. Couples should be able to demonstrate that they have a legitimate relationship, including shared financial responsibilities, social media activity, and phone records.
It is also essential to provide detailed documentation of the marriage, including proof of joint filing of tax returns, joint bank accounts, and ownership of property together. Couples should also be prepared to attend an interview with an immigration officer, where they will be asked questions about their relationship, including how they met, how they communicate, and how they make financial decisions.
In conclusion, marrying a US citizen is no longer a guaranteed path to obtaining a Green Card. Under the Trump administration, marriage-based Green Card applications are being scrutinized more closely, and couples must be able to demonstrate that their marriage is genuine and not solely for the purpose of obtaining a Green Card. Immigrants who are seeking to obtain a Green Card through marriage must be prepared to provide detailed documentation of their relationship and be able to demonstrate that they have a legitimate marriage.
It is essential to note that immigration laws and policies are subject to change, and it is crucial to stay up-to-date on the latest developments. If you are considering obtaining a Green Card through marriage, it is recommended that you consult with an experienced immigration attorney who can guide you through the process and help you navigate the complex and ever-changing landscape of US immigration law.
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