Published: June 16, 2025
Should you apply for a marriage-based green card this year? Evaluating the risks and benefits associated with marriage-based green card applications is more crucial than ever under the new administration.
As of early 2025, immigration applicants can expect the US Citizenship and Immigration Services (USCIS) to demand additional documentation due to more rigorous vetting procedures. Even without a formal policy change, new application forms, filing requirements, and agency messaging suggest stricter rules for marriage-based green card applications and increased scrutiny for potential fraud.
Before making this significant decision, learn what you should be aware of when applying for a US permanent residence or a green card through marriage.
New Marriage-Based Green Card Application Forms
USCIS requires the use of the most current forms for marriage-based green card applications.
Most of these form editions are dated January 20, 2025. Submitting the most up-to-date versions of the required application forms is crucial to avoid outright denial of a green card.
It’s equally vital to ensure every page of the submission form carries a similar edition date. Any mismatched or outdated page can put your application at risk for rejection. Thus, ensure to review the required forms and documentation before submitting to ensure you’re using the latest forms and that you’ve filled out everything accurately.
More Stringent Filing Application Requirements
Rules for filing marriage-based green card applications are also getting more stringent. For instance, USCIS now requires you to specify the processing type, whether the beneficiary will pursue consular processing or adjustment of status.
USCIS also implements tighter requirements for medical report submission. In most cases, you must include the Report of Immigration Medical Examination and Vaccination Record when submitting your application.
Likewise, it’s no longer allowed to make a single payment for multiple forms. You must pay the filing fee for each application with a different check or money order. Suppose you don’t meet these filing requirements as specified. You can expect rejection of the entire submission.
More Intensive Assessments on Marriage Authenticity
Marriage fraud is a serious federal crime, posing national security risks and damaging the immigration system of the US. It also exposes US citizens to danger, particularly those who enter into fraudulent unions.
Due to this, USCIS is intensifying its efforts to verify the authenticity of marriages in green card applications. Hence, ensure that you provide comprehensive and well-documented proof of your marital relationship during the first step of filing, rather than merely waiting for the interview.
Increased Processing Times for Marriage-Based Petitions
As vetting procedures become more extensive, applicants should expect increased processing times for marriage-based petitions. Even couples applying from within the US can face longer waiting periods for biometrics, interviews, and final green card approval. Hence, planning accordingly for potential setbacks is necessary as USCIS implements a more intricate verification process.
How Marriage-Based Green Card Applicants Can Prepare
These changes don’t have a direct impact on your eligibility for a marriage-based green card. Still, you can anticipate more complex filing requirements and a more thorough review of green card applications through marriage.
This, in turn, underscores the importance of meticulous preparation with the assistance of an experienced immigration lawyer. Below are some steps you can take to strengthen your case from the start and avoid frustrating and costly delays or even denials.
- Understand the different types of marriage-based visas and the corresponding documents needed for the one you’re applying for.
- Use the correct and most current version of all required forms.
- Review your options in detail to select the appropriate processing type.
- Prepare a comprehensive and well-documented proof of a bona fide marriage.
- Carefully submit a separate payment for each form that requires a fee.
Approach the Green Card Process With Proper Legal Guidance
Processing a green card through marriage is no longer as lenient or straightforward. With stricter procedures in place, having a credible Los Angeles immigration lawyer to work on your case is more essential than ever. They can assist you in crafting your petition and adhering to the rigorous process of securing a marriage-based green card.
Attain your immigration goals in the US with proper legal guidance. Our experienced legal team at ALG Lawyers can help you properly file your application, provide compelling evidence, and handle your interview effectively. Begin a one-on-one consultation with our firm for your immigration concerns.
FAQs on Marriage-Based Green Card Applications
What are the common reasons USCIS denies marriage-based green cards?
USCIS typically gives applicants a chance to correct issues before denying a petition. Still, it inevitably causes further delays and additional expenses throughout the processing. Possible reasons that will result in the delay and denial of your marriage-based green card application include:
- Inability of the sponsoring spouse to support you financially
- Providing sufficient proof to substantiate a bona fide marriage
- Filing the application with an incorrect or obsolete form
- Making an inaccurate payment for your application
- Attending the marriage interview unprepared
- Inaccurate details between the forms you submitted
- Records of violating immigration rules
- Inability of the sponsoring spouse to support you financially
How can you prove your marital relationship is authentic?
Accurate and complete documentation is the key to proving the authenticity of your marital relationship. Below are examples of clear and compelling evidence you can provide to substantiate your marriage-based green card application.
- Photos taken during the various phases of your relationship
- Documentation of joint finances, such as titles or deeds, bank statements, life insurance policies, and mortgage documents
- Proof of shared residence, such as property deed, utility or other bills, and joint mortgage or lease documents
- Itineraries from the travel or vacation you took together
- Written testimony from family and friends
- Photos taken during the various phases of your relationship
Are you authorized to travel abroad while your marriage-based green card application is pending?
You can travel outside the US while your marriage-based green card application is in process, provided you have proper documentation. But abandoning your application and being denied reentry to the US are among the risks you should be aware of when you don’t obtain an advance parole. It’s a travel document that the USCIS will issue to avoid the termination of your pending application while traveling abroad.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)