Don’t Fall for These Common Marriage Green Card Misconceptions
At Khunkhun Law, we speak with marriage-based green card applicants every day, U.S. citizens, lawful permanent residents, and their spouses from around the world. Many arrive with stacks of printouts from forums, advice from well-meaning friends, and snippets of news articles that don’t reflect what’s happening in today’s immigration environment. It’s completely understandable; immigration law is complex, and the stance of the current Administration has left many couples feeling uncertain about the process.
The truth is, while the law sets the framework, the real experience of getting a marriage-based green card depends on up-to-date knowledge of USCIS practices, consular trends, and how officers are approaching cases in the current climate. Misconceptions can lead to unnecessary delays, added stress, or, in worst cases, denials. Our NYC-based firm has an outstanding track record of successful marriage-based green card cases because we don’t just fill out forms; we provide a clear strategy, anticipate challenges, and prepare you for every step.
When we say we don’t just “fill out forms,” here’s what that means in practice:
Strategic Storytelling: USCIS officers aren’t only checking boxes—they are assessing whether your marriage is genuine. We help you “paint the picture” of your relationship through affidavits, photos, social media, travel records, and daily life evidence so your case isn’t just paperwork—it’s a compelling narrative.
Red-Flag Prevention: We know the subtle issues that can raise eyebrows (for example, short courtships, cultural differences, prior visa overstays, or age gaps). We identify and address those early, framing your story in a way that reassures the officer instead of creating unnecessary suspicion.
Interview Preparation: We conduct mock interviews—often tougher than the real thing—so you and your spouse know exactly what to expect. You’ll walk into the USCIS office confident, calm, and ready to answer questions consistently and honestly.
Consular & USCIS Insight: Trends shift. One month a local USCIS office might be requesting extra evidence of cohabitation; another month a consulate abroad might be scrutinizing financial documents. Because we focus almost exclusively on marriage-based green cards, we see patterns in real time and adjust your preparation accordingly.
Holistic Support: Beyond forms, we advise on practical issues that make or break a case—like proving domicile when you’ve been living abroad, or making sure your tax filings and joint financial documents line up with your immigration filings.
That’s the real difference: you aren’t just submitting a stack of papers, you’re presenting a strong, well-prepared case that anticipates the officer’s perspective and sets you up for success. Let’s set the record straight on some of the most common myths we hear.
Let’s set the record straight on some of the most common myths we hear.
Misconception 1: Marriage to a U.S. Citizen Means Automatic Green Card Approval
Marrying a U.S. citizen is the first step, not the finish line. The government still requires a full application, supporting documentation, biometrics, and an in-depth review of your relationship. There’s no automatic green card just because you said “I do.” USCIS will still need to be convinced that your marriage is genuine and meets the legal requirements.
Misconception 2: If We Love Each Other, We Don’t Need Much Evidence
Even the most genuine love story needs proof. USCIS expects to see a range of documents showing you live your lives together, joint financial accounts, shared housing, travel history, photographs with friends and family, and more. While emotion drives your relationship, paperwork drives your case. We help clients build strong, well-organized evidence packages that stand up to scrutiny. We have quite a few clients who for example, are unable to live together when they get married. This lack of cohabitation is usually due to the beneficiary being on an F-1 student visa status or on employment visas such as the H-1B visa, or the L-1 visa. This means their residence is tied to their school or employer. We are 100% transparent when we file the case and have a special affidavit we provide the client to show the impossibility of cohabitation as the burden is on us to prove that the separate residences are not a preference. The reason we do this is to make sure that the interview goes as smoothly as possible, and we want to avoid an ambush by the USCIS interviewing officer.
Misconception 3: You Must Be Married for Two Years Before Applying
This confusion often comes from the “conditional green card” rule. There’s no required waiting period after marriage to apply. If your marriage is less than two years old at the time your green card is approved, you’ll receive a two-year conditional green card and must later apply to remove conditions. If it’s more than two years old, you can receive a 10-year green card immediately.
“I was in the U.S. on an ESTA and given the unexpected situation we found ourselves in we knew the process could be stressful, and hence decided we wanted someone to guide us through it. After consulting with several lawyers, Sharon immediately stood out. She was personable, highly knowledgeable, and clearly experienced with immigration law. Most importantly, she made us feel she genuinely had our best interests at heart”
Misconception 4: Tourist Visa or ESTA Entries Mean You Can’t Apply
If you entered the U.S. legally, even on a tourist visa or ESTA, and later marry a U.S. citizen, you may be eligible to apply for an Adjustment of Status without leaving the country. The challenge lies in avoiding the appearance of “preconceived intent,” entering the U.S. already planning to marry and stay. USCIS will look closely at your timing, so legal guidance is essential. As of writing this blog, however, we are advising ESTA status holders to not overstay and apply for adjustment of status. If a client insists on it, we go ahead and do so but this would not be a recommended strategy due to the current climate, making the outcome unpredictable, although all our clients are still getting these cases approved — we are just concerned about how things can change at any time.
Misconception 5: Past Overstays or Visa Denials Automatically End Your Chances
Marriage to a U.S. citizen forgives certain immigration violations if you’re adjusting status from within the U.S., including overstays and unauthorized employment. However, serious issues like prior fraud, some criminal convictions, or previous removal orders require careful legal strategy, and in some cases, waivers. We’ve successfully navigated many complex cases where clients initially thought they had no chance.
Misconception 6: The Marriage Interview Is Just a Formality
The USCIS or consular interview is a critical stage in your case. Officers can, and do, ask detailed questions about your life together. In some cases, they may separate you and compare answers. Even genuine couples can get tripped up if they are nervous or unprepared. We conduct thorough mock interviews with our clients so they know exactly what to expect and can walk in with confidence. We also guide clients and advise them as to which documents they must take to the interview.
Misconception 7: A Simple Case Doesn’t Require a Lawyer
Many couples think that if they have no prior immigration issues, they can handle the process themselves. While some succeed, we regularly meet people who attempted a DIY application and ran into unexpected requests for evidence, long delays, or even denials over small mistakes. You will definitely read countless accounts on Reddit or social media about how people have filed their own cases successfully, but you don’t hear about the negative experiences when cases are denied. Those are the people who come to us who are scared not only of ICE coming for them, but also if one of the spouses insists on doing the case themselves, and the case goes south, they now have to deal with tension in their marriage. Having an experienced attorney ensures that your case is complete, accurate, and strategically presented, increasing your chances of a smooth approval.
Why Experience Matters Now More Than Ever
Immigration law hasn’t changed drastically in recent years, but the way cases are processed has. Officers are asking different questions, requesting more evidence, and in some cases, interpreting policies more narrowly. In today’s environment, a marriage-based green card application needs to be more than “good enough.” It needs to be airtight. Our firm has helped countless couples in New York City and across the country secure green cards, from straightforward applications to highly complex cases. We know what USCIS and consulates are looking for, and we build every case with that in mind.
We’re here to replace misinformation with clarity
Marriage-based green card is our language. Schedule your consultation now to ensure you don't leave any room for error. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City, we represent clients all over the 50 states of the US. Call us, email us, or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results, even with the most difficult set of facts.