For many, marriage to a U.S. citizen or lawful permanent resident is seen as the most direct route to a green card. While it is indeed a recognized path, it’s not automatic, and never has been. At Wilner & O’Reilly, we aim to clarify what USCIS looks for in these cases and help you understand how to prepare a strong, honest petition for marriage-based green cards.
Marriage Is the Starting Point—Not the Finish Line
U.S. immigration law is clear: a marriage certificate alone does not guarantee lawful permanent resident (green card) status. Instead, USCIS examines the marriage itself, specifically whether it was entered into in good faith and not solely for immigration benefits.
In other words, what matters is not just being married, but why you got married and how your relationship functions in real life. The government is tasked with ensuring that a marriage-based green card petition represents a real, committed relationship, not a legal convenience.
What USCIS Actually Reviews in Marriage-Based Green Card Cases
USCIS officers take a totality-of-the-evidence approach. This means no single document or photo is enough to prove your case. Instead, officers consider a wide range of details, such as:
- Shared finances: joint bank accounts, shared bills, joint tax returns
- Shared residence: leases or mortgages, utility bills at the same address
- Photos together: especially across different life events, locations, and with family members
- Communication history: messages, calls, emails (especially for long-distance or international relationships)
- Life milestones: evidence of vacations, celebrations, children, or future planning
- In-person interviews: both spouses may be asked the same questions to confirm consistency
This evidence paints a picture of a genuine relationship, and that picture must be credible, consistent, and well-documented.
Recent Updates: What Changed and Why It Matters
In a recent public statement, USCIS reminded the public that:
- Marriage itself does not automatically qualify someone for a green card
- Thin or incomplete petitions are more likely to be delayed, scrutinized, or denied
- USCIS officers are authorized to request additional documents or schedule detailed interviews
- This is not a change in the law, but a renewed focus on longstanding requirements
This emphasis signals that USCIS is watching more closely, particularly in cases with limited evidence or discrepancies between spouses.
What This Means for You
If your relationship is real and well-documented, there is no reason to be afraid. However, now more than ever, it is important to:
- Tell your story clearly: USCIS wants to see who you are as a couple, not just forms and papers
- Submit thorough evidence: Don’t rely on a marriage certificate and two photos
- Anticipate concerns: Long-distance, short-term, or prior immigration history may raise flags—but preparation can address them
- Avoid mistakes: Errors, omissions, or inconsistencies can result in delays, denials, or fraud allegations
Our Role: How We Help Build a Strong Case
At Wilner & O’Reilly, our job is to ensure USCIS sees your relationship for what it is: real, legitimate, and deserving of approval.
We help our clients:
- Prepare a complete and compelling petition
- Organize strong evidence that highlights the relationship’s authenticity
- Identify and address potential red flags in advance
- Practice for USCIS interviews and respond to Requests for Evidence (RFEs)
- Navigate special cases involving prior visa denials, entry without inspection, or international separation
Whether you’re filing from within the U.S. through adjustment of status, or abroad through consular processing, our experienced legal team is here to support you every step of the way.
Contact Wilner & O’Reilly for Marriage-Based Green Card Help
If you are married to a U.S. citizen or permanent resident and want to pursue a green card, we encourage you to speak with us before filing. A well-prepared case can save you time, money, and stress.
At Wilner & O’Reilly, we bring years of experience handling family-based immigration petitions with precision and care. We’ll help you build a petition that reflects the truth of your relationship and meets the standards USCIS expects. Call us at 888-847-5342 or visit our Contact page to schedule a consultation today.
FAQ
Does marrying a U.S. citizen automatically make me a green card holder?
No. You must apply through a formal process and prove the marriage is genuine.
How long does it take to get a green card through marriage?
Processing times vary, but typically range from 10 to 24 months depending on whether you’re adjusting status in the U.S. or applying from abroad.
Can USCIS deny a green card if they think the marriage is fake?
Yes. If USCIS determines the marriage was not entered in good faith, they can deny the petition and take further action.
What if we don’t live together yet?
Living apart isn’t an automatic denial, but you’ll need to provide extra context and stronger evidence of your relationship.
Can we still apply if I overstayed my visa?
In many cases, yes, especially if you’re married to a U.S. citizen. But it’s important to get legal advice.
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