US Implements Tougher Green Card Rules For Married Couples; What Has Changed?

The United States Citizenship and Immigration Services (USCIS) has released new guidelines aimed at strengthening the screening and vetting of family-based immigrant visa applications. According to the agency, the updated measures are meant to detect and prevent fraudulent or non-meritorious applications, which it says undermine trust in the system and jeopardise family unity.

The agency said the new rules were expected to improve USCIS’s ability to “vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws.”

The agency claimed it was prioritising strong screening to protect national security and ensure that people with potentially harmful intent were identified and placed into removal proceedings where necessary. The new measures, which came into effect on Aug.1, apply to all pending and newly submitted family-based immigrant visa petitions. The move comes amid growing concerns over fraudulent marriages used to exploit the US immigration system.

Under the new rules, couples must now provide far more detailed documentation to prove the authenticity of their relationship. This includes joint financial statements, photographs and written testimonials from friends and relatives. The USCIS will also require mandatory in-person interviews to assess the legitimacy of the marriage.

Any red flags, such as a sponsor who has filed multiple spousal petitions in the past or inconsistencies in the applicant’s immigration record, may prompt USCIS to launch a more thorough investigation.

• Enhanced eligibility checks and adjudication procedures for all family-based applications.

• Clear documentation standards, including shared financial responsibilities and evidence of shared life experiences.

• Interviews focused on the couple’s knowledge of each other and shared history.

• Review of any past applications, especially if the sponsor or applicant has submitted multiple petitions.

• Detailed examination of immigration history, particularly for those already residing in the US on temporary visas (such as the H-1B), who are now applying for permanent residency through marriage.

• Issuance of Notices to Appear (NTAs) in immigration court, even if the green card petition is approved, should the applicant be found otherwise removable.

With these updates, USCIS aims to strengthen the integrity of the immigration process and ensure that only bona fide relationships are granted the privilege of permanent residency in the United States.