Green card for spouses of US citizens: Getting married is not enough. Immigration officers can cancel application if...

THE United States' laws allow immediate relatives, such as spouses, of US citizens to be eligible for Green Cards. A Green Card (officially known as a Permanent Resident Card allows a person to live and work permanently in the US.

According to the US Citizenship and Immigration Services, if you are the spouse of a US citizen, you can apply for a Green Card as an “immediate relative of a US citizen.”

But this is not enough. With the US President Donald Trump's administration conducting an in-depth scrutiny of every application, just declaring oneself as the spouse is not enough.

What's non-negotiable is...

A US attorney explained the most important thing the spouse (husband or wife) of a US citizen must keep in mind before applying for a Green Card.

“Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” declared Bernstein, who claims to have 30+ years of experience and is part of the lawyers' team at Law Offices of Spar & Bernstein.

Brad Bernstein, an immigration attorney, said if a person is married and living apart, "then their Green Card case is already going down."

He explained in a video posted on Facebook that for a person who is applying for a marriage-based green card, “immigration officers do not care why you live apart, and they do not care if it’s for work, school, money, or convenience.”

US officials "only care whether you actually live together as husband and wife," said Bernstein.

Moreover, according to him, the regulations state that a bona fide (real) marriage is one where the couple lives together every day.

"So if you're not living in the same house every day, immigration is going to start questioning the marriage. And once they question it, they're investigating, and once they come knocking on your door, they're looking to deny you. So if you want a marriage green card, you live together. Period," he said.

The Immigration Attorney said living separately is one of the fastest ways to trigger:

1. Increased scrutiny

2. Marriage fraud investigations

3. Interview problems

4. Denials

"If you’re married and not living together full-time, you need legal guidance before you file anything," Bernstein said.

What's USCIS policy on bona fide (real) marriage?

The USCIS evaluates the entire relationship, not just whether the couple lives together. The immigration officials ensure that the couple entered into a marriage in good faith, and not just for immigration benefits.

The USCIS does not say a couple must live together. The US Department lists types of evidence that a person can submit to show that their marriage is "bona fide". This evidence may not be limited to "living together."

As per the USCIS, a common law marriage may be recognised if the parties:

1. Live together

2. Presenting themselves to others as married, for example, by sharing a last name, referring to each other as husband and wife, or filing a joint tax return; and

3. Intend to be married

According to an official USCIS document, a spousal relationship qualifies as a marriage if it is:

1. Legally valid in the place of celebration;

2. Consistent with the public policy of the United States;

3. Bona fide or entered into in good faith;

4. Demonstrates that the parties to the marriage were legally free and able to marry.

The policy further states that if a person lives in a different state than where they entered into their marriage, they may still be eligible.

What if your US citizen spouse has died?

If your US citizen spouse has died and you have not remarried, you may still be eligible for the Keeping Families Together process, the US Department says.

Types of Green Cards

There are several categories of Green Cards, each designed for specific circumstances. Here’s a breakdown of the most common types:

1. Family-Based Cards

2. Employment-Based Cards

3. Special immigrant-based

4. Through Refugee or Asylee Status

5. For Human Trafficking and Crime Victims

6. for Victims of Abuse

7. Other Categories

8. through Registry