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.

Marriage-based Green Card applications are being examined more closely under the Donald Trump administration. Now, officials are placing greater emphasis on whether a marriage is genuine, rather than merely legal on paper. “Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” said Bernstein, who has over 30 years of experience.

In a word of caution, Bernstein said that married couples living separately are at immediate risk of having their applications rejected. “If spouses do not share a home, then their Green Card case is already going down,” he said in a video shared on Facebook.

In marriage-based cases, “immigration officers do not care why you live apart, and they do not care if it’s for work, school, money, or convenience.”

Bernstein pointed out cohabitation is the principal factor, and that US officials “only care whether you actually live together as husband and wife.”

As per immigration rules, a bona fide marriage is one in which spouses share a home on a daily basis.

“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 advised.

He further said that spouses living apart are most likely to invite closer scrutiny, like marriage fraud probes, interview hurdles and outright denials. “If you’re married and not living together full time, you need legal guidance before you file anything,” he said.