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Since August 1, 2025, applying for a green card through marriage in the United States has become a much stricter process, with significant implications for both American citizens and their immigrant spouses.
The new guide from the U.S. Citizenship and Immigration Services (USCIS) strengthens controls and tightens requirements, in an explicit attempt to curb immigration fraud in family petitions.
But it also generates uncertainty, delays, and potential risks of deportation for those who are in an irregular immigration situation or have open cases.
Greater scrutiny of the veracity of marriage
One of the main focuses of the new immigration policy is to strengthen the analysis of the authenticity of marital relationships.
According to USCIS, the intent is to protect the family-based pathway to permanent residency and ensure that marriages are genuine and not entered into solely for immigration purposes.
From now on, immigration officials are required to conduct more thorough reviews:
-The applicant's migration history.
-The existence of previous petitions, whether from the same petitioner to other individuals or from the beneficiary with other spouses.
-Inconsistencies in the data or information deemed derogatory.
-Cases in which one or both spouses have had previous petitions that were denied, withdrawn, or revoked.
Marriages celebrated while the beneficiary was in the process of deportation.
-Marriages in which one or both spouses were minors, especially if there is an age difference of more than 10 years.
These types of reviews were already possible, but they are now becoming mandatory for officials, even if there were no evident doubts initially.
Mandatory in-person interviews for both spouses
One of the most significant changes is that, in all cases, an in-person interview will be mandatory for both parties of the marriage, either together or separately.
Previously, the interview was at the discretion of the responsible officer and could be omitted if the documentation was solid and no signs of fraud were detected.
Now, the interview becomes a standard requirement, especially if:
There is a lack of convincing documentation regarding the relationship.
Direct testimony is required to clarify contradictions.
The applicant acquired residency through marriage less than five years ago.
The marriage took place under unusual circumstances (for example, during a deportation process).
These interviews will be longer and more detailed. They are expected to last up to two hours in some cases, with questions designed to contrast versions and detect inconsistencies.
As a result, the resolution time for cases will increase significantly, also impacting those on the waiting list.
Emphasis on the joint evidence of coexistence and relationship
USCIS has emphasized that the burden of proof rests with the applicant. Therefore, there is now greater importance placed on the submission of solid documentary evidence that demonstrates a genuine relationship.
They are considered especially valuable:
-Joint bank accounts.
- Rental or property contracts signed by both parties.
-Common children's births, with certificates that include both parents.
-Photographs that reflect a life as a couple.
- Affidavits from family members or friends that support the authenticity of the marriage.
The absence or insufficiency of these elements can lead to a Request for Evidence (RFE) or even a Notice of Intent to Deny (NOID), steps that prolong the process and expose the case to additional risks.
The process no longer offers protection against deportation
Another crucial change is that being in the process of obtaining a green card through marriage no longer prevents the beneficiary from being placed in deportation proceedings.
Although this possibility existed before as an exception (for example, in cases with criminal records), the new guidance enables USCIS to issue a Notice to Appear (NTA) at any point in the process if it is determined that the applicant is "removable."
This especially applies to immigrants without legal status at the time of submitting the application, but it could also affect: people with expired visas during the process; applicants with irregular entries to the country; and Dreamers or others with canceled temporary protections.
According to lawyers consulted by NBC News, this change raises concerns even among those who have followed the process correctly, as it paves the way for a broad and discretionary interpretation of deportation reasons.
Impact on waiting times and case accumulation
The implementation of mandatory interviews and more thorough analyses inevitably leads to longer processing times.
Each individual case now requires more attention, which slows down the flow of the immigration system.
This is further compounded by the fact that USCIS was already facing, at the beginning of 2025, a significant backlog of applications: more than 2.4 million I-130 petitions were pending as of June, of which 1.9 million had been unresolved for over six months.
Experts like attorney Jonathan E. Shaw point out that the system could collapse further, and they do not rule out that the tightening of policies may also have a deterrent effect, discouraging immigrant families from starting their applications.
Immediate application and retroactive impact
A critical aspect of this update is its immediate entry into force on August 1, 2025. Additionally, it affects not only new applications but also all cases currently in progress.
This means that couples who submitted their forms earlier will also have to comply with the new requirements, which could force them to provide additional documentation, prepare for more rigorous interviews, or even face new eligibility reviews.
Marriage to a U.S. citizen remains a legitimate path to obtaining permanent residency, but the process is no longer automatic or straightforward.
The new USCIS rules reinforce the premise that only genuine marriages, supported by solid documentation, will pass the test.
At the same time, a real risk is introduced for applicants in irregular migration situations: being in the process of obtaining a green card no longer provides protection against deportation.
Transparency, document preparation, and legal advice are now more crucial than ever for those who decide to initiate or continue this type of migration process.
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