USCIS Cracks Down on Marriage-Based Green Cards with Stricter 2025 Rules

The U.S. Citizenship and Immigration Services (USCIS) has rolled out stringent new guidelines effective August 1, 2025, tightening the process for marriage-based green card applications to combat fraud and ensure only authentic relationships qualify for lawful permanent residency (LPR). The updated policy, detailed in the USCIS Policy Manual under "Family Based Immigrants," applies to all pending and new petitions, signaling a tougher stance on vetting couples, particularly those involving a U.S. citizen sponsoring a foreign spouse.

The revised rules respond to concerns about fraudulent marriages, with USCIS stating, “Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident status and undermine family unity in the United States.” The agency aims to enhance its ability to detect relationships entered solely for immigration benefits, citing cases like that of Aakash Prakash Makwana, an Indian national who pleaded guilty in May 2025 to orchestrating a fake marriage with forged documents to secure a green card after overstaying his J-1 visa.

Key Changes to Marriage-Based Green Card Rules

The 2025 guidelines introduce several critical updates to the application process, designed to ensure rigorous scrutiny:

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• Stricter Documentation Requirements: Couples must submit comprehensive evidence of a bona fide marriage, including joint financial records (e.g., bank statements, credit card statements), shared leases or mortgages, utility bills in both names, photos spanning the relationship, and affidavits from friends or family attesting to the relationship’s authenticity. Documents should cover the entire period of the relationship to demonstrate continuity, with stronger weight given to long-term evidence like joint assets over weaker proof like greeting cards or single-event photos.

• Mandatory In-Person Interviews: All couples must now attend detailed interviews, either at a USCIS field office (for adjustment of status cases) or a U.S. embassy/consulate (for consular processing abroad). Officers will probe the couple’s knowledge of each other’s lives, daily routines, and future plans to verify the relationship’s legitimacy. Separate interviews may be conducted to detect inconsistencies, especially in cases flagged for potential fraud.

• Enhanced Background Checks: USCIS is increasing data-sharing with federal agencies to scrutinize applicants’ immigration histories, particularly those in the U.S. on temporary visas (e.g., H-1B) seeking adjustment of status. Multiple petitions by the same sponsor or for the same beneficiary will trigger deeper investigation.

• Form Updates and Filing Rules: Starting April 3, 2025, only the 01/20/25 edition of Form I-485 (Adjustment of Status) and, from May 1, 2025, the 01/20/25 edition of Form I-129F (Fiancé Visa) will be accepted. Form I-130 (Petition for Alien Relative) now includes explicit fraud warnings. Each form requires separate payments, and applicants must clearly specify whether they are pursuing adjustment of status or consular processing. Form I-693 (Medical Examination) must be submitted with the initial filing, though COVID-19 vaccination proof is no longer required as of January 22, 2025.

• Notices to Appear (NTAs): Even if a petition is approved, applicants found ineligible due to immigration violations (e.g., visa overstays or misrepresentation) may receive an NTA, initiating removal proceedings. USCIS clarified that petition approval does not guarantee protection from deportation.

• Surprise Site Visits and RFEs: USCIS has reported increased use of unannounced home visits and Requests for Evidence (RFEs) to address discrepancies in applications, such as inconsistent dates or missing documentation. Processing times for marriage-based green cards now range from 8–14 months for work permits and travel documents, with RFEs potentially extending timelines.

Implications for Applicants

The tightened rules mean couples must be meticulous in preparing their applications. For example, a U.S. citizen sponsoring a spouse from India must provide robust evidence like joint bank accounts, photos from various stages of the relationship, and third-party affidavits. Short-term relationships or applications filed soon after marriage may face heightened scrutiny, especially if the foreign spouse has a history of visa overstays or prior marriages.

If married for less than two years at the time of green card issuance, couples receive a conditional two-year green card (CR-1), requiring a joint petition (Form I-751) within 90 days of its expiration to remove conditions. Marriages over two years qualify for a 10-year green card (IR-1), which does not require condition removal. Processing times vary: 12–13 months for U.S. citizen spouses and 18–24 months for permanent resident sponsors.

Expert Advice

Immigration attorneys emphasize the importance of thorough preparation. “Every form must be correct, every document complete, and every answer consistent,” advises Rozas Immigration. Couples are urged to consult legal experts to avoid rejections due to filing errors or insufficient evidence. Common denial reasons include inadequate proof of a bona fide marriage, criminal history, or immigration violations. Appeals can be filed with the Board of Immigration Appeals within 30 days of a denial, but prevention through proper documentation is key.

As USCIS ramps up enforcement, genuine couples face increased pressure to prove their relationships. The policy shift reflects a broader focus on immigration integrity, but critics argue it risks overburdening legitimate applicants. For now, couples must navigate a more complex path to secure their future in the U.S.

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