Marrying a US citizen doesn't guarantee you a Green Card
What's the story
In the United States, being married to a citizen does not guarantee you a Green Card. The US Citizenship and Immigration Services (USCIS) allows immediate relatives, including spouses of US citizens, to apply for a Green Card. However, living together as a couple is crucial for demonstrating a bona fide marriage, which is important for the application process, as emphasized by immigration attorney Brad Bernstein.
Importance
Immigration officers prioritize cohabitation
Bernstein said, "Being in a relationship does not get you a Green Card. Living together gets you a Green Card." He added that immigration officers don't care why couples live apart, whether it's for work or school. The USCIS evaluates the entire relationship to ensure the marriage was entered into good faith and not just for immigration benefits.
Scrutiny
USCIS scrutinizes intent and good faith in marriages
The USCIS states that a marriage must comply with legal requirements and be entered into good faith. It evaluates the couple's intent at the time of marriage. A common law marriage may be recognized if they live together, present themselves as married, and intend to be married. If a couple lives separately without legal separation, their petition may not be denied solely for this reason.
Special
Special provisions for widowed spouses
If a US citizen's spouse dies and the surviving spouse has not remarried, they may be eligible for special provisions like the Keeping Families Together process. There are several categories of Green Cards, including family-based, employment-based, and those for refugees or asylees. Each category is designed to meet specific circumstances.