If you are in the process of applying for a marriage-based green card [/family-based-greencard/] or are planning to start soon, there’s an important policy update you need to be aware of. On August 1, 2025, US Citizenship and Immigration Services (USCIS) implemented new guidance that affects how they review and decide on family-based petitions, with a special focus on married couples.
Don’t worry—this isn’t a reason to panic. It’s a call to be more diligent and prepared. The goal of these updates, according to USCIS, is to strengthen the integrity of our immigration system by ensuring that all family relationships, especially marriages, are genuine and legally sound.
In an official statement, the agency noted that these measures are designed to combat fraudulent petitions, which “erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States.”
So, what does this updated policy mean for you and your spouse? Let’s break down the key areas of focus.
1. The “Bona Fide” Marriage: Your Evidence is Key
The heart of any marriage-based green card application is proving you have a “bona fide” marriage [/bona-fide-marriage-documentation-for-us-immigration/] —one entered for genuine love and companionship, not just for an immigration benefit. While this has always been the standard, the new guidance places even greater emphasis on the quality and breadth of the evidence you submit.
What this means for you:
It’s no longer enough to just submit a marriage certificate and a few photos. You need to build a comprehensive case that paints a clear picture of your shared life. Focus on collecting strong evidence across multiple categories:
- Financial Cohabitation: This is one of the strongest forms of evidence.
- Joint bank account statements (showing regular activity)
- Joint lease or mortgage documents
- Utility bills with both names (gas, electric, internet, etc.)
- Joint credit card statements
- Joint car, life, or health insurance policies
- Listing each other as beneficiaries on retirement accounts (e.g., 401(k))
- Proof of Your Relationship’s History:
- Photographs together over time, especially with family and friends at various events.
- Travel itineraries from vacations you’ve taken together.
- Evidence of communication (text messages, call logs, emails), particularly if you were ever in a long-distance relationship.
- Testimonials:
- Affidavits or personal letters from friends, family, and community members who can attest to the authenticity of your relationship. These should be detailed and specific.
2. The Interview: Expect More In-Depth Questions
The marriage green card interview has always been a critical step, but you can now expect it to be applied more consistently and with greater scrutiny. USCIS officers are trained to assess the legitimacy of your relationship, and the interview is their primary opportunity to do so in person.
What this means for you:
Preparation is everything. The interview is your chance to personally show the officer that your relationship is real.
- Review Your Application: Before the interview, sit down with your spouse and review your entire application package (the Form I-130, I-485, etc.). Ensure you both remember the dates and details you provided.
- Be Ready for a Wide Range of Questions: Officers may ask about the history of your relationship, your daily routines, your home’s layout, your spouse’s family, and your future plans. The key is to answer honestly and consistently.
3. Your Full Immigration History Matters
The new guidance makes it clear that USCIS will be taking a holistic look at the immigration history of both the U.S. citizen petitioner and the intending immigrant.
What this means for you:
Be transparent. USCIS will be looking for patterns that might suggest misuse of the immigration system. This includes:
- Any previous marriage-based petitions filed for or by either spouse.
- The beneficiary’s current immigration status (for example, if they are in the US on a student or work visa like an H-1B).
- Any past immigration applications that were denied.
If you have a complex immigration history, it is crucial to be upfront about it in your application and be prepared to explain it.
4. Understanding the Difference Between Petition Approval and a Green Card
This is a critical distinction that USCIS is clarifying. The approval of your Form I-130, Petition for Alien Relative, does not automatically grant a green card or provide protection from deportation (removal).
What this means for you:
Think of the process in two main steps:
- Form I-130 Approval: This step confirms that USCIS recognizes your marriage as legally valid. It’s the “invitation” to apply for a green card.
- Adjustment of Status (Form I-485) or Consular Processing: This is the actual green card application, where the immigrant spouse must prove they are “admissible” to the United States. Factors like criminal history, immigration violations, or health-related issues can make someone inadmissible.
USCIS stated, “We may issue a Notice to Appear if the beneficiary is otherwise removable, since a family-based immigrant visa petition does not grant immigration status or relief from removal.” In simple terms, even with an approved I-130, if the applicant is found to be ineligible for a green card for other reasons, they could be placed in removal proceedings.
Final Takeaway: Be Prepared and Be Authentic
These updated rules from USCIS underscore a long-standing principle: a successful marriage-based green card application is built on the foundation of a genuine relationship and a well-documented, honestly presented case.
The key is not to be intimidated, but to be thorough. Start gathering your evidence early, be meticulous with your paperwork, and be prepared to confidently tell the story of your life together. A genuine relationship, supported by strong evidence, remains the clearest path to success.
Disclaimer: This article provides general information and is not a substitute for legal advice from a qualified immigration attorney.
