Green Card by Marriage in the U.S. Now More Complex: New Requirements Unveiled

Beginning August 1, 2025, the process to obtain a green card through marriage in the United States has become significantly more stringent, impacting both American citizens and their immigrant spouses. The updated guidelines from the U.S. Citizenship and Immigration Services (USCIS) intensify scrutiny and impose tougher requirements, explicitly aiming to curb immigration fraud in family petitions. However, this also introduces uncertainty, delays, and potential deportation risks for individuals with irregular immigration status or ongoing processes.

Increased Verification of Marital Authenticity

A key focus of the new immigration policy is the enhanced verification of the marriage's authenticity. The USCIS intends to safeguard the family-based path to permanent residency, ensuring that marriages are genuine and not solely for immigration purposes. Immigration officials are now tasked with thoroughly examining:

• The applicant's immigration history.
• Previous petitions by the same petitioner or by the beneficiary with other spouses.
• Data inconsistencies or derogatory information.
• Marriages where one or both spouses had prior petitions denied, withdrawn, or revoked.
• Marriages conducted while the beneficiary was facing deportation.
• Marriages involving minors, especially with age differences exceeding ten years.

While such reviews were previously possible, they are now mandatory for officers, even if no immediate doubts arise.

Mandatory In-Person Interviews for Couples

One of the most notable changes is the requirement for in-person interviews for both parties in the marriage, either jointly or separately. Previously, this was at the discretion of the officer and could be skipped if the documentation was strong and no fraud indicators were present. Now, the interview is a standard requirement, particularly if:

• There is a lack of convincing documentation about the relationship.
• Direct testimony is needed to resolve contradictions.
• The petitioner obtained residency through marriage less than five years ago.
• The marriage occurred under unusual circumstances, such as during a deportation process.

These interviews will be more detailed and lengthy, potentially lasting up to two hours, with questions designed to compare accounts and identify inconsistencies. As a result, case resolution times will increase, affecting those on the waiting list as well.

Emphasis on Joint Evidence of Cohabitation and Relationship

The USCIS emphasizes that the burden of proof lies with the applicant, placing greater importance on strong documentary evidence of a genuine relationship. Particularly valuable are:

• Joint bank accounts.
• Lease or property contracts signed by both parties.
• Birth records of children, listing both parents.
• Photos depicting life as a couple.
• Affidavits from family or friends affirming the marriage's authenticity.

Lack of or insufficient evidence may lead to a Request for Evidence (RFE) or even a Notice of Intent to Deny (NOID), extending the process and exposing the case to further risks.

No Protection Against Deportation During the Process

A critical change is that being in the process of obtaining a marriage-based green card no longer shields the beneficiary from deportation proceedings. While this was previously an exception (e.g., in cases with criminal records), the new guidelines empower the USCIS to issue a Notice to Appear (NTA) at any stage if the applicant is deemed "removable." This primarily affects immigrants without legal status when applying, but could also impact:

• Individuals with expired visas during the process.
• Applicants with irregular entries into the country.
• Dreamers or others with canceled temporary protections.

Legal experts consulted by NBC News express concerns even for those who follow the process correctly, as it allows a broad and discretionary interpretation of deportation grounds.

Impact on Wait Times and Backlog

The implementation of mandatory interviews and more comprehensive analyses inevitably leads to longer processing times. Each individual case now requires more attention, slowing down the immigration system's flow. Compounding this, the USCIS faced a significant backlog at the start of 2025, with over 2.4 million I-130 petitions pending by June, 1.9 million of which had been unresolved for more than six months. Experts like attorney Jonathan E. Shaw suggest the system could face further collapse and don't rule out that stricter policies may deter immigrant families from initiating their applications.

Immediate Implementation and Retroactive Impact

Crucially, this update takes effect immediately on August 1, 2025, impacting not only new applications but also those already in progress. This means couples who previously submitted their forms must also meet the new requirements, potentially needing to supplement documentation, prepare for more rigorous interviews, or face new eligibility reviews. Although marrying a U.S. citizen remains a legitimate route to permanent residency, the process is no longer automatic or straightforward. The new USCIS rules reinforce the idea that only genuine marriages, backed by solid documentation, will succeed. Simultaneously, there is a real risk for applicants with irregular immigration status: being in the green card process no longer offers protection against deportation. Transparency, thorough documentation, and legal guidance are now more vital than ever for those considering or continuing this type of immigration process.