Marriage not enough for Green Card: US Immigration Attorney

A Green Card, officially called a Permanent Resident Card, grants a foreign national the legal right to live and work permanently in the US. One can get a Green Card by marrying an American citizen. However, an immigration attorney has thrown light on the fact that marrying a US citizen will no longer guarantee a Green Card. Green Card holders are formally known as lawful permanent residents (LPRs). They can apply for US citizenship after meeting certain requirements. Usually, they need to live in the US continuously for a certain period, typically 1 to 5 years, and show good moral character.

According to immigration attorney Brad Bernstein of Spar & Bernstein, marriage-based Green Card applications are facing heightened scrutiny under the current Trump administration. Officials are now prioritising proof that the marriage is bona fide, rather than entered into solely for immigration benefits, with factors like living apart often triggering deeper fraud investigations and potential denials.

According to the US Citizenship and Immigration Services, a spouse of a US citizen falls under the category of an "immediate relative of a US citizen". And under US law, immediate relatives, including husbands and wives of American citizens, are eligible to apply for the Green Card. Brad Bernstein, an American immigration attorney, however, has warned that mere marriage is no longer a guarantor for Green Cards.Under the current Donald Trump administration, marriage-based Green Card applications are being examined more closely, with officials placing greater emphasis on whether a marriage is genuine rather than merely legal on paper.

Getting a green card through marriage is a big deal for foreign nationals who marry US citizens or green card holders. The average processing time for various stages, such as the I-130 petition and the I-485 adjustment of status, can help set realistic expectations for the timeline. The process is long and complicated and can take 12 to 55 months depending on several factors. Those factors are the sponsoring spouse’s citizenship, whether the immigrant spouse is in the US or abroad and the USCIS service center processing the application. Knowing these variables is key to managing your expectations.