US Green Card rules: Immigration lawyer warns married couples living apart face higher rejection risk

Marriage-based Green Card applications in the United States are facing tougher examination, with immigration officials now focusing sharply on whether couples actually live together, according to a senior US immigration attorney.

Brad Bernstein, a well-known US immigration lawyer and partner at Spar & Bernstein, has warned that simply being legally married is no longer sufficient under current immigration practices.

‘Living together is what gets your Green Card’

In a recent video shared on Facebook, Bernstein explained that cohabitation has become the single most critical factor in marriage-based Green Card approvals.

According to him, immigration officers are trained to assess one central question:

Do the spouses genuinely live together as husband and wife?

Bernstein stressed that marriage certificates or relationship claims carry limited weight if a couple does not share a home.

Work-related separation offers little protection

The lawyer cautioned that explanations for living apart, even when genuine, are often dismissed during application reviews.

He noted that immigration authorities are not persuaded by professional obligations, including:

Frequent travel for work

Temporary job postings

Long-distance professions such as trucking or nursing

Bernstein said officers are instructed to prioritise daily shared life evidence, not future plans or temporary circumstances.

Under current enforcement standards, living separately significantly weakens a Green Card case.