The Department of Homeland Security (DHS) recently announced changes to the Public Charge Rule that will take effect on September 18, 2026. Since the announcement, our office has received many questions from couples preparing to apply for a marriage-based green card.
Here are answers to some of the most common questions.
1. What is the Public Charge Rule?
The Public Charge Rule allows USCIS to consider whether certain green card applicants are likely to become primarily dependent on the government for financial support in the future. Not every immigrant is subject to this rule, and many categories are exempt.
2. Does this affect marriage-based green card applicants?
It can. If you are applying for a green card through your spouse, USCIS may evaluate whether the public charge ground of inadmissibility applies to your case.
3. Will receiving government benefits automatically disqualify me?
No.
Receiving government benefits does not automatically result in a denial. USCIS reviews each application individually and considers the totality of the circumstances rather than making a decision based on one factor alone.
4. What if my spouse doesn't earn enough money?
Many marriage-based applicants qualify by using a joint sponsor.
If your petitioning spouse does not meet the required income, another qualified individual may be able to submit an Affidavit of Support to help satisfy the financial requirements.
5. Should I file before September 18, 2026?
It depends.
For some couples, filing before the new rule becomes effective may be beneficial. Others may need additional time to gather documents or resolve issues before filing. Every case should be evaluated individually.
6. Will USCIS use a new Form I-485?
Yes.
Beginning September 18, 2026, USCIS has announced that applicants must use a new edition of Form I-485 that reflects the changes to the Public Charge Rule.
7. Does this mean green cards will become harder to obtain?
Not necessarily.
The new rule changes how USCIS evaluates certain applications, but it does not mean every applicant will be denied. A well-prepared application supported by the appropriate evidence remains the best way to avoid delays and unnecessary Requests for Evidence (RFEs).
8. Should I be worried if I need a joint sponsor?
No.
Many successful marriage-based green card applicants use joint sponsors. The key is ensuring the Affidavit of Support is prepared correctly and includes sufficient supporting documentation.
9. Should I wait to see what happens?
Waiting is not always the best strategy.
If you believe you may qualify for a marriage-based green card, it is often beneficial to consult with an immigration attorney sooner rather than later. Delaying your case could affect your filing strategy depending on your circumstances.
10. How can Green Family Immigration Law help?
Every marriage-based green card case is unique.
At Green Family Immigration Law, we carefully review each client's immigration history, financial circumstances, and supporting evidence to develop a strategy tailored to their specific situation. Our goal is to identify potential issues before filing and prepare the strongest application possible.
If you have questions about the new Public Charge Rule or are considering applying for a marriage-based green card, our office is here to help.
What We're Seeing at Marriage Green Card Interviews in Houston After the New USCIS Memo
Marriage green card interviews at the Houston USCIS Field Office have always required couples to be prepared to demonstrate that their marriage is genuine. Recently, however, we have noticed increased scrutiny in the cases our firm is handling.
Following recent USCIS guidance emphasizing more rigorous screening and vetting in adjustment of status cases, our first-hand experience in Houston suggests that officers are looking beyond whether a couple can simply prove they have a real marriage.
Here is what we are seeing.
More Questions About Intent at the Time of Entry
One area receiving increased attention is the immigrant spouse's intent when they last entered the United States.
For example, if someone entered with a tourist visa and later married a U.S. citizen and applied for adjustment of status, an officer may ask questions such as:
- Why did you originally come to the United States?
- Were you already in a relationship with your spouse?
- When did you decide to get married?
- When did you decide to remain in the United States?
- Why did you apply for adjustment of status rather than return home and complete the immigrant visa process through a U.S. consulate?
These questions matter because USCIS may be examining whether the applicant's actions after entering the country are consistent with what they represented when they sought admission.
More Detailed Questions About the Relationship
We are also seeing officers examine the history of the relationship more closely.
Couples should be prepared to explain how they met, how the relationship developed, when they decided to marry, and what their life together looks like now.
Submitting a marriage certificate and a stack of photographs is not necessarily enough. USCIS is looking at the entire history of the relationship and whether the evidence and testimony tell a consistent story.
More RFEs and NOIDs
We are also seeing more Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in marriage-based cases.
An RFE gives an applicant an opportunity to provide additional evidence USCIS believes is missing or insufficient.
A NOID is more serious. It means USCIS intends to deny the case unless the applicant can overcome the concerns identified by the officer.
Receiving either does not necessarily mean the marriage is not genuine. But it does mean USCIS has questions or concerns that need to be addressed carefully and completely.
A Real Marriage Still Needs a Strong Case
One of the biggest misconceptions we hear is: "Our marriage is real, so we shouldn't have a problem."
A genuine marriage is essential, but USCIS is reviewing much more than whether two people love each other.
Officers may examine immigration history, prior entries, the timeline of the relationship, financial documents, living arrangements, prior statements to the government, and whether the testimony at the interview is consistent with the application and supporting evidence.
That is why our approach is not simply to complete immigration forms. We review the entire case before filing, identify potential issues, organize evidence strategically, and prepare couples for the questions they may face at their interview.
How Houston Couples Can Prepare
If you are applying for a marriage green card in Houston, preparation matters.
Before filing, make sure the timeline of your relationship and immigration history is accurate and consistent. Gather meaningful evidence of your life together, and understand any facts in your case that could raise questions.
Every case is different, and these observations are based on our firm's recent experience with marriage-based cases. They do not mean every Houston officer or every case will be handled the same way.
At Green Family Immigration Law, marriage-based immigration is the focus of our practice. We help couples prepare their cases from the beginning with the level of scrutiny they may ultimately receive from USCIS.
