Marrying US citizen no longer guarantees a Green Card: Immigration attorney
The idea of marrying a US citizen and automatically obtaining a Green Card has long been a common perception among immigrants seeking to live and work in the United States. However, according to Brad Bernstein, an American immigration attorney, this is no longer the case. 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 what it perceives as fraudulent marriages, where individuals marry solely for the purpose of obtaining a Green Card. 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 build a life in the US with their American spouse.
According to Bernstein, the USCIS is now placing greater emphasis on assessing the authenticity of a marriage, rather than simply accepting it at face value. This means that couples will need to provide extensive documentation and evidence to demonstrate that their marriage is genuine and not simply a means to obtain a Green Card. This can include proof of cohabitation, joint financial accounts, and testimony from friends and family members.
The increased scrutiny of marriage-based Green Card applications has left many immigrants feeling uncertain and anxious about their future in the US. For those who are already in the process of applying for a Green Card, the new rules can be particularly daunting. Couples who are married but live apart, whether due to work or family obligations, may find themselves facing additional hurdles in their application process.
So, what do immigrants need to know about the new rules surrounding marriage-based Green Card applications? Firstly, it is essential to understand that the USCIS is looking for evidence of a bona fide marriage, which means a marriage that is based on a genuine relationship and not solely for the purpose of obtaining a Green Card. This can include proof of cohabitation, joint financial accounts, and shared responsibilities.
Couples who are applying for a Green Card based on their marriage will need to provide extensive documentation, including:
- Proof of marriage, such as a marriage certificate
- Proof of cohabitation, such as joint leases or mortgage documents
- Joint financial accounts, such as bank statements or tax returns
- Testimony from friends and family members who can attest to the authenticity of the marriage
It is also important to note that the USCIS will be assessing the couple’s relationship in daily life, including their level of communication, shared activities, and mutual support. This means that couples will need to be prepared to demonstrate the authenticity of their relationship, not just on paper, but in practice.
For couples who are married but live apart, the new rules can be particularly challenging. In these cases, the USCIS may request additional evidence to demonstrate that the marriage is genuine, such as regular communication, shared financial responsibilities, and joint decision-making. Couples in this situation should be prepared to provide extensive documentation and testimony to support their application.
In conclusion, the idea that marrying a US citizen automatically guarantees a Green Card is no longer accurate. Under the Trump administration, marriage-based Green Card applications are being examined more closely, and officials are assessing whether a marriage is genuine in daily life. Couples who are applying for a Green Card based on their marriage will need to provide extensive documentation and evidence to demonstrate the authenticity of their relationship.
Immigrants who are seeking to build a life in the US with their American spouse should be aware of the new rules and regulations surrounding marriage-based Green Card applications. By understanding what is required and being prepared to provide extensive documentation and evidence, couples can increase their chances of a successful application.
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