Marriage Green Card: USCIS tightens filing rules – Know all details

Marriage Green Card: USCIS tightens filing rules – Know all details

If you’re married to a US citizen and plan to apply for a green card in 2025, you’ll notice significant changes in the I-130 and Adjustment of Status procedures. With the Trump administration still impacting USCIS policies, applicants should be prepared for a more complicated process. Want your 2025 marriage-based green card application to be processed smoothly and quickly? Here’s what you need to know to stay on track and avoid surprises.

The I-130 and Adjustment of Status processes will undergo major modifications if you want to apply for a green card in 2025 and are married to a US citizen.(Unsplash/representative )

Also read: US freezes Green Card processing: 4 major ways Indians may be impacted

Longer processing times

Wait times for marriage-based green card applications have increased in 2025. Biometrics appointments, interviews, and approval processes are all taking longer, even for couples applying from within the United States. Although USCIS has acknowledged these delays, they have yet to implement solutions. Be prepared for a slower journey, as tougher checks and more extensive vetting procedures are to blame for the longer processing times.

Stricter scrutiny of marital authenticity

In 2025, USCIS officers are dedicating more time to verifying the authenticity of marriages. Expect greater scrutiny on shared finances, living arrangements, and social histories, along with more detailed interview questions and requests for additional evidence (RFEs). Inadequate paperwork may lead to denials. Recently, one of our clients experienced significant hurdles, including three home visits from USCIS officers, multiple contacts with the US spouse’s family members across various states, and even repeated requests for private information like criminal history. This heightened scrutiny can make the process even more difficult for applicants, even before legal representation is involved.

Updated forms and increased filing fees

USCIS has raised filing fees and released updated versions of the Form I-130 Family Petition. It’s crucial to submit the most current versions of the I-130 and I-485 forms to avoid having your case rejected. Relying on outdated checklists could delay your application. Always double-check the requirements before submission to ensure your forms are up to date.

Delays in work and travel permits

If you’re applying for work and travel permits (EAD/Advance Parole) while changing your status in the US, expect longer wait times. Processing for these permits now takes 8 to 14 months. Many applicants find themselves unable to work or travel while their green card application is pending. We often have to inform clients that they are not permitted to leave the US until they receive their Advance Parole. For those who cannot afford to wait, consular processing may be a better option.

Fewer interview waivers

Previously, USCIS often granted green cards based on paperwork alone, waiving many marriage green card interviews. However, the agency has resumed in-person interviews for many applicants. It’s important to note that having a marriage interview does not protect you from detention by ICE if you have a prior removal order or an overstay. Just last week, USCIS shared images and videos on their official social media accounts of applicants being detained at the Miami USCIS Field Office. On the positive side, if your marriage case is well-documented and straightforward, you might still be eligible for an interview waiver, which can save you months of waiting.

What USCIS considers a Bona Fide Marriage

USCIS takes several factors into account when determining the legitimacy of a marriage, including:

*Joint bank accounts

*A shared mortgage or lease

*Photos together over time

*Call logs, emails, and text messages

*Affidavits from friends and family members

Simply providing a marriage certificate will not be enough. Be sure to have comprehensive evidence to demonstrate the authenticity of your relationship.

Also read: Green Card, visa holders at risk of being deported amid uproar over Mahmoud Khalil’s arrest? Know if US laws protect you

With the 2025 changes to USCIS procedures for marriage-based green cards, applicants need to be more prepared than ever. Longer processing times, stricter scrutiny of marital authenticity, and updated forms and fees all mean that applicants should pay extra attention to detail. Make sure your paperwork is complete and up-to-date, and be ready for possible delays. The process may be tougher, but with the right preparation, you can navigate these changes and secure your marriage-based green card.

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