A new warning has been issued to married couples applying for marriage-based green cards, as immigration attorneys say U.S. Citizenship and Immigration Services (USCIS) is placing greater emphasis on whether spouses live together.
Attorneys say USCIS’s intensified fraud-detection efforts and updated policy guidance have resulted in more rigorous reviews of marriage-based green card petitions. Officials are paying close attention to couples who maintain separate residences and now require detailed evidence to prove the legitimacy of their relationship.
Kevin J. Stewart, an immigration attorney, told Newsweek that USCIS has long viewed living together as a key indicator of a genuine marriage, but enforcement has become stricter in recent years.
He added, “Living together has always been one of the main ways to demonstrate a bona fide marriage,” noting that the agency “examines couples who reside separately with greater attention.”
Attorney Brad Bernstein of Spar & Bernstein shared similar concerns in an interview with NDTV, saying that “being in a relationship does not get you a green card. Living together gets you a green card.”
According to Bernstein, couples who do not live together face heavier scrutiny and are more likely to encounter challenges during the review process.
Context behind the warning
The warning comes as the Trump administration has intensified immigration enforcement across both undocumented and legal pathways. This includes expanded fraud investigations and enhanced vetting of visa and green card applications.
USCIS reported issuing more than 29,000 fraud referrals, investigating over 19,300 cases, and identifying fraud in about 65 percent of those investigations. The agency has also conducted thousands of site visits and social media checks as part of its enforcement strategy.
These actions have coincided with reports of immigrants being detained during routine green card interviews or scheduled check-ins at USCIS offices. Immigration attorneys say applicants who previously fell out of lawful status, even when forgiven for spouses of U.S. citizens, may still face detention, calling the trend alarming.
Additional developments affecting green card applicants
The Department of Homeland Security, led by Secretary Kristi Noem, announced a pause on the Diversity Visa program following the Brown University shooting involving an immigrant who entered the U.S. through the lottery. DHS has not shared a timeline for when the program may resume.
USCIS has also temporarily reassessed applications from immigrants from 19 countries as part of broader security reviews following the attack that killed one National Guard member and critically injured another. Legal experts and advocacy groups warn these actions could cause delays, paused cases, or heightened scrutiny for affected applicants.
Officials describe these enforcement steps as part of a broader effort to strengthen immigration oversight, including additional fraud investigations, site visits, and social media monitoring. Some applicants have experienced increased review of their visas or lawful status, which could potentially result in removal proceedings.
Former USCIS official Ricky Murray, who served as chief of staff for Refugee and International Operations, said “the administration would like to permanently end various green card programs,” while noting that existing laws limit such actions without congressional approval.
Trump has also publicly expressed support for broad immigration restrictions targeting certain high-risk countries, framing the measures as necessary for national security and public safety.
What couples should know
Attorneys advise couples seeking marriage-based green cards to prepare extensive documentation proving the authenticity of their marriage. This can include joint leases or mortgages, shared bank accounts, tax returns, travel records, photographs, and affidavits from family and friends.
Stewart noted that couples unable to show clear evidence of a shared life should expect increased scrutiny during the review process.
Leave a Comment