Immigration attorneys issued a warning to couples that living apart could hinder marriage-based green card applications. The warning follows a greater trend of increased government scrutiny towards marriage-based green card processing. Additionally, the warning comes after an increase in the detainment of spouses of U.S. citizens showing up for green card interviews.
Marriage-based green cards help foreign-born spouses of U.S. citizens obtain lawful permanent residency. During the application process, U.S. Citizenship and Immigration Services (USCIS) examines applications for any signs that the marriage is legitimate. Specifically, USCIS looks for any indication that the marriage was arranged solely for immigration benefits.
Cohabitation, according to the lawyers, has always been on of the easiest ways of proving a marriage is real. However, it’s necessary for some couples to live apart for reasons like work or education. In that case, couples must give USCIS evidence that explains their situation.
While significant, cohabitation isn’t the only factor USCIS uses for proving a marriage’s legitimacy. USICS looks at joint financial responsibilities and legal documentation too. Couples living apart, give inconsistent documentation, or enter marriage for immigration purposes face a higher likelihood of having their green card application denied.
USCIS looks for red flags that might indicate a marriage isn’t legitimate. These ‘red flags’ include:
- A large age gap between spouses.
- Major cultural differences in the spouses’ backgrounds.
- Spouses entering a marriage while the applicant is facing detention or removal.
The government explained the increased scrutiny towards marriage-based green card applications is part of a larger effort to combat fraudulent applications.
As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.