Marrying a US citizen no longer guarantees a Green Card: What ‘immediate relative’ status really means

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Marriage to a US citizen no longer guarantees a Green Card, as applications now face stricter scrutiny. Immigration officials emphasize genuine cohabitation and shared life over legal documents, often denying cases where spouses do not live together.

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Marriage to a US citizen has traditionally been viewed as one of the easiest ways to obtain a Permanent Resident Card, commonly known as a Green Card. But immigration lawyers now say that marriage alone no longer guarantees permanent residency in the United States.

A Green Card allows immigrants to live and work permanently in the US and puts them on the path to citizenship. While it does not offer all the rights of a US citizen, it remains one of the most sought-after immigration benefits.

Does marrying a US citizen still lead to a Green Card?

Under US immigration law, the spouse of a US citizen is considered an “immediate relative” and can apply for a Green Card through US Citizenship and Immigration Services. However, immigration experts caution that eligibility does not guarantee approval.

Immigration attorney Brad Bernstein said applications are now facing far tougher scrutiny.

“Marriage by itself does not get you a Green Card,” he said.

Why are marriage-based Green Card cases being scrutinised?

According to Bernstein, marriage-based Green Card applications are being examined more closely due to stricter immigration enforcement policies that gained momentum during the administration of Donald Trump.

Officials are no longer satisfied with legal marriage documents alone. Instead, they are assessing whether a marriage is genuine in daily life. This approach aligns with a broader tightening of immigration pathways, including past restrictions on programmes such as the Diversity Visa Lottery.

Is living together now essential?

Cohabitation has become a decisive factor in many marriage-based Green Card cases. Bernstein said immigration officers place heavy emphasis on whether couples actually share a home.

“Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” he said.

Couples who are legally married but live apart are increasingly at risk of rejection.

“If spouses do not share a home, then their Green Card case is already going down,” Bernstein warned. He added that explanations such as work commitments, education, financial constraints or convenience are often rejected by immigration officials.

What happens if spouses live separately?

Living apart often triggers deeper scrutiny, according to Bernstein. This can include extended interviews, marriage fraud investigations and, in many cases, denial of the application.

“If you’re not living in the same house every day, immigration is going to start questioning the marriage,” he said.

“Once they question it, they’re investigating and once they’re investigating, they’re looking to deny you.”

How does USCIS decide if a marriage is real?

USCIS evaluates the “totality of the relationship” rather than relying only on documents or shared addresses. Officers assess whether the couple entered the marriage in good faith and intended to build a life together.

Under USCIS guidelines, even a legally valid marriage can be denied if officials believe the couple had “no good faith intent to live together as spouses” and entered the marriage primarily to gain immigration benefits.

Immigration experts say the message is clear. Marriage can still open the door to a Green Card, but only if it is backed by a genuine shared life, not just a marriage certificate.