On August 2, 2025, U.S. Citizenship and Immigration Services (USCIS) released updates to its Policy Manual that significantly change how marriage-based green card cases — and certain other family-based petitions — are reviewed.
While preventing fraud has always been part of the process, these updates increase the level of scrutiny, introduce new red flag triggers, and place greater emphasis on complete documentation at the time of filing.
Key Changes Under the Updated Policy
1. Applies to Pending and New Cases
The policy is effective immediately, meaning it applies not only to cases filed after August 2, 2025, but also to those already pending with USCIS.
2. Full Documentation at Filing
USCIS now expects couples to submit a complete evidence package with the initial filing. Relying on Requests for Evidence (RFEs) later in the process is riskier and could lower approval chances.
3. Increased Focus on Red Flags
Certain factors may automatically trigger additional review, interviews, or even site visits. Examples include:
- Large age differences between spouses
- Marriages shortly after meeting or upon recent arrival in the U.S.
- Minimal or no dating history
- Applying soon after entry on a tourist visa
4. More Frequent Interviews
While some cases still qualify for interview waivers, many more couples — especially those with identified “risk factors” — will be required to attend in-person interviews.
5. Potential for Early Separation Interviews
In some cases, couples may be separated for questioning at their very first interview, without prior indication of suspected fraud.
6. Consequences of Denial
If a marriage-based green card is denied, USCIS may issue a Notice to Appear (NTA) in immigration court, initiating removal proceedings. This makes it critical to submit a strong, well-documented application from the start.
How Couples Can Prepare
- Gather Substantial Joint Evidence
Include proof of shared finances, housing, and life together — such as joint bank statements, leases, utility bills, and insurance policies. - Document Relationship History
Provide photographs showing the relationship over time (not just from one event), travel together, correspondence, and statements from friends or family. - Organize Your Submission
Label and tab evidence clearly to make it easy for USCIS officers to review. - Address Possible Red Flags
If your case involves factors like a short courtship or significant age difference, provide additional context and evidence to demonstrate the bona fide nature of your marriage. - Work With an Experienced Immigration Attorney
Professional guidance can help ensure your case is fully prepared and avoids common pitfalls.
Final Thoughts
The new USCIS policy does not mean legitimate couples should fear applying for a green card — but it does mean careful preparation is more important than ever. A well-organized, evidence-rich application can make the difference between a smooth approval and a lengthy, stressful review process.
At NPZ Law Group, we help couples navigate every step of the marriage-based green card process, from assembling strong evidence packages to preparing for interviews, ensuring your case is positioned for success under the latest USCIS guidelines.
FAQs
Q: Will my case be reviewed under the new rules if I applied before August 2, 2025?
A: Yes. The policy applies to both pending and newly filed cases.
Q: Can a marriage-based green card be taken away after approval?
A: Yes. If USCIS later finds fraud or misrepresentation, the green card can be revoked, and removal proceedings may begin.
Q: What if we don’t have many joint documents yet?
A: Submit as much evidence as possible and work on building more joint records before your interview.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.