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.
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 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.
2. Marriage fraud investigations
"If you’re married and not living together full-time, you need legal guidance before you file anything," Bernstein said.
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.
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;[3] and
4. Demonstrates that the parties to the marriage were legally free and able to marry.
There are several categories of Green Cards, each designed for specific circumstances. Here’s a breakdown of the most common types: 4. Through Refugee or Asylee Status
5. For Human Trafficking and Crime Victims
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