New Green Card Restrictions for Married Couples -The U.S. Citizenship and Immigration Services (USCIS) has introduced new policy guidance aimed at increasing scrutiny on family-based immigrant visa petitions, with a particular focus on marriage-based applications. Announced on August 1 and immediately effective, the updated policy is part of a broader effort to curb fraudulent immigration claims and ensure that only legitimate family relationships qualify for permanent residency.
The changes have been incorporated into the USCIS Policy Manual under the section titled “Family-Based Immigrants”, and they apply to both pending and newly submitted applications. USCIS officials stated that the goal of the revised guidance is to enhance national security and protect the integrity of the U.S. immigration system.
“Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States,” USCIS said in its statement.
What’s New in the Guidance for Married Couples?
The updated policy introduces a range of stricter procedures for verifying the legitimacy of family-based petitions, especially those involving foreign spouses of U.S. citizens or green card holders. Some of the key changes include:
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Stronger Eligibility Checks of Married Couples-
: USCIS will now conduct more comprehensive background checks on both petitioners and beneficiaries to verify eligibility and rule out fraudulent intent.
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Enhanced Documentation Requirements of Married Couples=
: Applicants must now provide robust evidence of a genuine marital relationship. This includes joint bank account statements, shared leases or mortgages, photographs together, travel history, and affidavits from friends and family who can attest to the authenticity of the relationship.
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Mandatory In-Person Interviews of Married Couples-
: Couples applying for marriage-based green cards will be required to attend in-depth interviews. During these sessions, officers will assess the couple’s knowledge of each other and the consistency of their testimonies.
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Review of Past Applications of Married Couples-
: USCIS will carefully examine the sponsor’s immigration history, including any prior family-based petitions. If a sponsor has filed multiple marriage-based applications in the past, this could trigger additional scrutiny.
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Immigration History Review of Married Couples-
: Special attention will be given to beneficiaries who are already in the U.S. on temporary visas—such as H-1B or J-1—who are applying for adjustment of status through marriage. Any inconsistencies or red flags in their immigration history could delay or derail the petition.
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Notices to Appear : USCIS emphasized that even if a green card petition is approved, the beneficiary is not automatically protected from deportation. If the individual is found to be otherwise removable—for instance, due to visa overstay or criminal conduct—they may still be issued a Notice to Appear in immigration court.
Focus on Marriage Fraud-The updated guidance comes amid a rise in marriage fraud cases that have undermined public confidence in the U.S. immigration process. One notable case involved Indian national Aakash Prakash Makwana, who in May pleaded guilty to entering a fraudulent marriage with a U.S. citizen. Makwana, who had overstayed his J-1 visa, submitted forged documents to show joint residence and even fabricated claims of domestic abuse in an attempt to obtain a green card. His case served as a high-profile example of the kind of abuse the new guidelines aim to prevent.
The tightened procedures mean that couples—especially those where one partner is a foreign national—must now prepare more thoroughly for their green card applications. U.S. citizens sponsoring a foreign spouse, such as someone from India or another country, will be required to present compelling proof of their relationship and cooperation during interviews.
USCIS has made it clear that it will not hesitate to investigate cases where there are inconsistencies, repeated sponsorships, or suspected attempts to misuse the immigration system. If fraud is suspected at any stage, a deeper investigation could be launched, potentially leading to removal proceedings—even after the green card has been issued.
The new USCIS guidelines represent a significant tightening of rules for marriage-based and other family-based immigrant petitions. While they aim to preserve the integrity of the system and protect against fraud, they also underscore the need for genuine couples to be meticulous, honest, and fully prepared when applying for lawful permanent residence.
