Green Card Dreams Dim for Immigrant Spouses

The path to a green card through marriage to a U.S. citizen or lawful permanent resident is becoming significantly more challenging, reversing a trend of leniency seen during the Biden administration. A shift in policy under the current administration is resulting in more rigorous vetting of marriage-based green card applications, moving away from the comparatively streamlined processes of recent years.

Immigration attorneys report a marked increase in requests for detailed documentation and more intensive interviews. Where previously some interviews were waived, or conducted with less scrutiny, officials are now delving into minute details of couples’ relationships – including personal habits and medical information – to verify the legitimacy of the marriage.

“Officers will be looking deeper… leaning into their discretion more often than they did in the Biden years,” explained Ashwin Sharma, an immigration attorney, noting a longer verification process and increased evidence requests.

The interview remains a critical step. For applicants residing outside the U.S., the interview is conducted by consular officials. Those already within the country, often on visas like the H-1B, apply for adjustment of status through U.S. Citizenship and Immigration Services (USCIS). Regardless of location, applicants are now facing far more detailed questioning.

Attorneys are advising clients to meticulously prepare documentation and ensure its completeness. The focus is on establishing a genuine marital relationship, with officials scrutinizing the couple’s history – how they met, their intent to build a life together, and how they’ve maintained the relationship. Because U.S. citizen spouses are typically not permitted to attend consular interviews, the burden of proof rests entirely on the applicant’s documentation.

Acceptable evidence now extends beyond basic paperwork to include comprehensive records of communication – call logs, money transfer receipts – as well as photos, joint financial accounts, and even life insurance policies. Applicants are also being asked detailed questions about their spouse’s personal and professional life, including employment, salary, education, and prior marital history.

Snehal Batra, managing attorney at NPZ Law Group, emphasized the need for extensive preparation. A denial based on alleged marriage fraud can lead to deportation proceedings, underscoring the high stakes involved.

The current tightening of regulations represents a clear departure from the Biden administration’s efforts last year to ease the process for undocumented spouses of U.S. citizens. While those rules didn’t expand eligibility, they did streamline the application process by removing the requirement that applicants leave the country.

This renewed emphasis on rigorous vetting signals a broader shift in immigration policy, prioritizing stricter enforcement and increased scrutiny of family-based immigration petitions. While intended to combat fraud, the increased demands on applicants raise concerns about potential delays and increased barriers to legal immigration for legitimate couples. The change underscores the importance of thorough preparation and legal counsel for anyone pursuing a green card through marriage.