For Indian spouses of American citizens, the dream of obtaining a US Green Card comes with a critical, non-negotiable requirement that goes beyond the marriage certificate itself. The United States immigration system allows immediate relatives, including spouses, of US citizens to be eligible for Permanent Resident Cards. However, under the current administration's heightened scrutiny, simply being married is insufficient.
The Golden Rule: Cohabitation is Key
According to the US Citizenship and Immigration Services (USCIS), a spouse can apply as an "immediate relative." Yet, immigration attorney Brad Bernstein, with over three decades of experience at the Law Offices of Spar & Bernstein, delivers a stark warning. "Being in a relationship does not get you a Green Card. Living together gets you a Green Card," he declared.
Bernstein emphasized in a Facebook video that for a marriage-based green card application, US officials are singularly focused on whether the couple shares a home. He stated that immigration officers do not accept reasons like work, education, financial constraints, or convenience for living apart. The regulations define a bona fide marriage as one where the couple lives together daily.
"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," Bernstein asserted.
High Risks of Living Apart
The attorney clarified that living separately is one of the fastest ways to trigger serious complications in the application process. He listed the primary consequences:
- Increased scrutiny from immigration officials.
- Formal marriage fraud investigations.
- Problems during the mandatory interview stage.
- Outright denial of the Green Card application.
Bernstein's advice is unequivocal: "If you’re married and not living together full-time, you need legal guidance before you file anything." This caution is particularly relevant for Indian couples where one partner may be awaiting visa approval while the other is in the US, a common scenario that now faces intense examination.
Understanding the Types of Green Cards
While the family-based route is common for spouses, the US system offers several pathways to permanent residency. These categories are designed for specific circumstances:
- Family-Based Cards: For immediate relatives and other family members of US citizens or permanent residents.
- Employment-Based Cards: For individuals with specific job offers or extraordinary abilities.
- Special Immigrant-Based: For certain religious workers, juveniles, and others.
- Through Refugee or Asylee Status: For those granted protection in the US.
- For Human Trafficking and Crime Victims: Such as T and U visa holders.
- For Victims of Abuse: Including those under the Violence Against Women Act (VAWA).
- Other Categories: Including the Diversity Visa Lottery, which has recently faced policy changes.
- Through Registry: For those who have resided in the US continuously since before a certain date.
For Indian applicants pursuing the spouse-based category, the message is clear. In an era of rigorous vetting, proving the authenticity of a marriage through shared daily life is not just important—it is the fundamental pillar upon which a successful application rests. The Trump administration's focus on in-depth scrutiny makes adhering to this cohabitation requirement more critical than ever to avoid delays, investigations, or denial.
