USCIS Takes a Closer Look at Marriage-Based Immigration Applicants
Historically, spouses of citizens have received preferential treatment in the U.S. immigration system. Unlike other family categories, there is no cap for spouses, for example. In 2024, more than 340,000 spouses received lawful permanent residence thanks to marriage.
However, the recent crackdown on immigration is also impacting those who hope to receive a green card based on marriage or become citizens. Contact The Law Office of Jason M. Sullivan, PLLC, today for strategic immigration planning. Our firm helps clients obtain their immigration objectives by providing clear legal advice based on recent immigration changes.
Heightened Scrutiny of Applicants
As relayed in numerous news stories, the Trump Administration has made many immigration benefits harder to obtain. These changes will impact even those seeking a benefit based on marriage, such as a green card.
USCIS has begun increased online scrutiny of applicants, including review of social media. The agency is increasingly requiring that spouses return to their home countries to seek consular processing to receive a green card.
Reasons USCIS Will Deny a Marriage-Based Green Card
Receiving a green card used to be “automatic” in the words of many immigration lawyers. But that is no longer the case. USCIS can deny any application for various reasons.
USCIS Believes Your Marriage is Not Bona Fide
Marriage-based green cards exist only for those in real marriages, which USCIS calls “bona fide” marriages. Otherwise, anyone could quickly get married to obtain a green card and then divorce a short while later.
USCIS has given heightened scrutiny to whether your marriage is real. The key question is whether you have married to build a life together, or if you married solely so one could obtain a green card.
Immigration officers will depend on various pieces of evidence, including proof of your financial entanglement. Do you file joint tax returns, maintain joint bank accounts, or share a lease or mortgage?
Increasingly, officers are looking at social media as part of an online review. They are checking to see if your social media profiles are consistent with your story of when you met and started dating.
You Are Not Credible in Your Interview
Any interview is an important moment in a marriage-based immigration case. Immigration officers put great weight on how credible they find you. If they think you are lying or evasive, then they can deny a green card.
Problems include:
- Telling an inconsistent story. Do major details shift?
- Not explaining missing information or contradictory information. Why does your Facebook page show you were dating someone else six months ago?
- Being evasive. Are you hesitant to answer questions directly?
Any lack of credibility only makes other problems even worse, and you can be denied.
You Fail to Provide Additional Evidence
USCIS might request additional evidence, such as proof of pooled finances. You need to provide this evidence in a timely manner. If you delay or never provide it, then you can expect USCIS to deny your claim.
Hire the Right the Immigration Lawyer for the Job
Spouses of U.S. citizens should not expect an easy path toward obtaining a green card or other immigration benefit. Contact The Law Office of Jason M. Sullivan, PLLC. You can meet with a Portsmouth, New Hampshire or Miami, Florida lawyer to begin strategic immigration planning.
Source:
newsmax.com/us/marriage-citizenship-trump/2026/07/06/id/1261928/