If you are applying for a marriage green card, you may have heard that if something is missing from your application, USCIS will simply send you a Request for Evidence (RFE) and give you a chance to fix it.
That is not something couples should rely on.
On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy restoring officers’ discretion to deny certain immigration benefit requests without first issuing an RFE or Notice of Intent to Deny (NOID).
For couples applying for a marriage green card, this makes preparing a strong and complete application from the beginning even more important.
Can USCIS Deny a Marriage Green Card Without an RFE?
Yes. In appropriate circumstances, USCIS can deny a marriage-based petition or green card application without first sending an RFE.
The new policy does not mean USCIS will stop issuing RFEs. Officers may still request additional evidence when appropriate.
What has changed is that applicants should not assume they are guaranteed an opportunity to correct problems before USCIS makes a decision.
The burden is on the applicant or petitioner to establish eligibility for the immigration benefit being requested.
What Could Cause Problems in a Marriage Green Card Case?
Marriage green card cases involve several different legal and evidentiary requirements.
Depending on the couple’s circumstances, USCIS may need to determine whether the marriage is legally valid and bona fide, whether the foreign spouse is eligible to adjust status, whether financial sponsorship requirements are satisfied, and whether there are any issues affecting admissibility.
Problems can arise when an application contains missing evidence, incomplete forms, inconsistent information, or facts that raise an eligibility issue that was never properly addressed.
For example, a couple may overlook a prior immigration filing, provide inconsistent dates or addresses across different forms, fail to submit required evidence, or misunderstand how a particular immigration history affects eligibility.
Under the new policy, USCIS may not necessarily send an RFE giving the couple an opportunity to correct the deficiency before denying the case.
What About Evidence That Your Marriage Is Real?
A marriage certificate establishes that a legal marriage occurred. It does not necessarily establish that the marriage was entered into in good faith.
Marriage green card applicants generally need to provide evidence demonstrating that their relationship is bona fide.
Depending on the couple, this may include evidence of living together, shared finances, insurance, travel, photographs, communications, children, joint responsibilities, or other documentation showing that they have built a life together.
There is no single set of documents that works for every couple.
A newly married couple may have limited joint documentation. Other couples may temporarily live apart because of employment, school, family responsibilities, or other legitimate reasons.
Those circumstances do not necessarily prevent approval, but they may affect how the case should be documented and presented.
What If There Is a Problem With Your Immigration History?
This is another reason simply following a marriage green card checklist may not be enough.
A foreign spouse may have a prior overstay, unauthorized employment, previous visa denial, prior immigration petition, removal proceedings, arrest, unusual entry history, or another fact that needs to be analyzed before filing.
Some issues may not prevent adjustment of status for certain applicants. Others can create serious eligibility or admissibility problems.
The important question is not simply whether you have all the documents on a checklist. It is whether you qualify for the benefit you are requesting and whether your application establishes that eligibility.
Don’t Assume You Can Fix It Later
One of the riskiest approaches under the new USCIS policy is filing an incomplete marriage green card case simply to get the application submitted.
USCIS has emphasized that applicants and petitioners are responsible for establishing eligibility when they file.
An RFE should therefore be viewed as something USCIS may issue when additional evidence is appropriate—not as a guaranteed opportunity to complete or repair an insufficient application.
