Overview
In a significant shift in immigration policy, the U.S. Citizenship and Immigration Services (USCIS) has announced enhanced scrutiny of marriage-based green card applications, particularly those filed by foreign nationals married to U.S. citizens. The new framework places increased emphasis on fraud prevention, evidentiary compliance, and post-adjudication monitoring of conditional lawful permanent resident (LPR) cases.
This development marks a continuation of the government’s efforts to preserve the integrity of the immigration system by deterring and detecting marriage fraud, while reinforcing procedural safeguards in adjudicating bona fide applications.
Background
Marriage to a U.S. citizen remains one of the most common and expedited pathways to lawful permanent resident status in the United States. However, USCIS and its affiliated agencies have long identified a subset of cases involving fraudulent or sham marriages entered into solely for immigration benefits.
In response to growing concerns about misuse of this category, the newly issued policy seeks to strengthen USCIS’s ability to identify non-genuine relationships, improve interagency fraud detection capabilities, and ensure ongoing compliance throughout the green card process.
Key Features of the Policy Change
1. Increased Evidentiary Threshold for Bona Fide Marriages
Applicants will now be expected to provide robust and contemporaneous documentation to demonstrate the legitimacy of their marital relationship. This may include—but is not limited to:
- Joint financial statements (bank accounts, credit cards, tax returns)
- Proof of cohabitation (leases, utility bills)
- Extensive photographic and communication records
- Sworn affidavits from third-party witnesses with personal knowledge of the relationship
2. Mandatory and Expanded In-Person Interviews
USCIS will significantly limit interview waivers, even in cases previously eligible under policy guidance. Officers will conduct more in-depth in-person interviews focusing on the couple’s history, daily routines, and relationship milestones. Applicants should expect heightened questioning and more detailed inquiry into the marital union.
3. Stricter Review of Conditional Green Card Holders (Form I-751)
Foreign spouses who receive a two-year conditional green card must file Form I-751 (Petition to Remove Conditions on Residence) to obtain a 10-year permanent green card. Under the revised policy, this phase will be subject to heightened evidentiary scrutiny, and in some instances, re-interview.
USCIS may request additional proof of marital continuity during the conditional period and will assess whether the relationship remains valid and ongoing.
4. Enhanced Fraud Detection and Interagency Coordination
The Fraud Detection and National Security (FDNS) Directorate will expand its role in identifying potential fraud through:
- Unannounced site visits
- Verification of employment, residence, and cohabitation
- Cross-referencing government records and databases
USCIS may initiate investigations or Notices of Intent to Deny (NOIDs) or Notices of Intent to Revoke (NOIRs) if discrepancies or suspicious patterns are discovered.
5. Potential Delays in Processing Times
The implementation of more rigorous adjudicative standards will likely extend processing timelines for Form I-130 (Petition for Alien Relative), Form I-485 (Application to Adjust Status), and Form I-751. Applicants are advised to plan accordingly and submit complete and well-organized documentation to avoid unnecessary delays.
Practical Considerations for Applicants
The revised policy carries serious implications for applicants and beneficiaries of marriage-based immigration benefits. To improve the chances of approval and reduce the risk of complications, Immigration Fleet PLLC recommends the following:
- Maintain Strong Documentary Evidence: Keep accurate and dated records of shared financial and legal obligations, communication, and social history.
- Prepare Thoroughly for Interviews: Couples should anticipate detailed questioning and rehearse consistent, truthful responses reflecting their shared life.
- Track Deadlines and Filing Requirements: Late or incomplete filings—particularly for Form I-751—can result in loss of status or issuance of a Notice to Appear (NTA) before an immigration judge.
- Seek Competent Legal Representation: Given the heightened review, even minor errors or inconsistencies could raise red flags. Professional legal guidance is essential.
Immigration Fleet PLLC’s Guidance and Support
At Immigration Fleet PLLC, we are dedicated to ensuring that genuine couples are not adversely affected by these enhanced scrutiny measures. Our firm provides end-to-end assistance, including:
- Case Review and Strategy: Comprehensive evaluation of the relationship timeline, immigration history, and eligibility risks.
- Petition and Evidence Preparation: Assistance with assembling compelling and credible supporting documentation for I-130, I-485, and I-751 filings.
- Interview Preparation: Personalized coaching for couples to navigate USCIS interviews with confidence and consistency.
- Fraud Risk Mitigation: Identification and resolution of potential red flags or inconsistencies before submission.
We remain committed to protecting our clients’ interests while ensuring full compliance with evolving immigration policies.
Conclusion
The USCIS’s new approach to marriage-based green card adjudications reflects a broader trend toward increased enforcement and procedural rigor. While genuine couples have little to fear, they must now be prepared for a more demanding and closely scrutinized process.
Careful preparation, full transparency, and experienced legal representation will be key to successfully navigating this policy landscape. Immigration Fleet PLLC stands ready to assist families through each stage of the green card journey, ensuring their applications are as strong, accurate, and complete as possible.
