On August 1, 2025, USCIS released a major policy update that changes how marriage-based green card cases are reviewed and adjudicated. The update clarifies that even if a U.S. citizen’s petition (Form I-130) is approved, the foreign spouse can still face removal proceedings if deemed inadmissible or ineligible for adjustment of status.
At Green Family Immigration Law, we’ve studied the new guidance closely. Here’s what every couple should know before filing.
Key Changes from the August 2025 Policy Update
- USCIS emphasized that marriage-based petitions must demonstrate a genuine, verifiable relationship supported by robust documentary evidence.
- Adjudicators have broader discretion to deny cases without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
- Prior immigration history—including visa overstays, unauthorized work, or misrepresentation—will receive heightened scrutiny.
- Couples can expect more detailed interviews and requests for proof of shared finances, residence, and daily life.
How This Impacts Couples Seeking a Marriage Green Card
- Approval isn’t protection. Even with an approved I-130, USCIS can issue a Notice to Appear (NTA) if it finds the foreign spouse removable.
- Evidence quality matters more than quantity. Submitting weak or inconsistent documentation can trigger delays or denials.
- Interviews are becoming more probing. Officers will focus on timeline consistency, living arrangements, and financial interdependence.
- Preparation is key. Couples must coordinate closely with counsel to avoid red flags that could result in an RFE, denial, or NTA.
Steps to Strengthen Your Marriage-Based Case
- Gather strong joint evidence: bank accounts, lease or mortgage, insurance policies, taxes, and photos together.
- Be transparent about immigration history: disclose prior overstays or visa issues early for strategy planning.
- Stay consistent across all forms and evidence: mismatched dates or addresses are common reasons for suspicion.
- Conduct a mock interview with your attorney: know how to confidently answer personal and factual questions about your relationship.
The Bottom Line
The August 2025 USCIS policy reflects the agency’s increased focus on fraud prevention and case integrity. For couples pursuing a marriage-based green card, this means the margin for error is smaller than ever.
At Green Family Immigration Law, we help couples present clear, credible, and complete applications—minimizing risks and ensuring your love story meets every USCIS standard. Contact us today for a consultation and personalized guidance for your case.
