WASHINGTON: Marrying a US citizen is no longer a guaranteed pathway to a green card, as immigration authorities have tightened scrutiny of marriage-based applications amid renewed enforcement priorities under the Trump administration.
According to immigration experts, the US Citizenship and Immigration Services (USCIS) has increased its investigation of spousal visa and green card applications.
The new investigation rules include prolonged processing times, frequent requests for additional evidence, and in some cases, outright denials.
Couples must now provide extensive documentation and attend detailed interviews to prove the authenticity of their marriage.
“Officers are spending more time verifying marriages and leaning into their discretion more often than they did in the Biden years,” said Ashwin Sharma, a US-based immigration attorney, in an interview with The Times of India.
“We are seeing an increase in requests for evidence, and that trend could soon become formal policy.”
Applicants are being asked to provide a wide range of documents including photographs, communication records, joint financial statements, leases, and even life insurance policies naming the spouse.
“Documents have to tell the full story — how the relationship began, how it’s been sustained, and why it is bona fide,” Sharma added.
For spouses applying from outside the US, consular interviews are growing more difficult.
US citizens are not allowed to attend these interviews, placing the burden of proof entirely on the applicant and the submitted documents.
Sharma warned that officers at consulates, particularly in high-volume posts, are increasingly using their discretionary powers to delay or refuse visas by issuing 221(g) notices or initiating fraud investigations.
Spouses of green card holders face even longer waits — often three to four years — and are subject to greater scrutiny due to the long separation.
Applicants already residing in the US and adjusting their status may be called for a “Stokes interview” in cases where immigration officers suspect fraud.
During this process, couples are interviewed separately and asked to answer personal questions to verify the consistency of their responses.
The increase in scrutiny stems from immigration policy changes introduced after President Donald Trump’s return to the White House.
Speaking to Newsweek, César Cuauhtémoc García Hernández, a law professor at Ohio State University, noted that even green card holders and visa holders have reasons to be cautious.
“Anyone who isn’t a US citizen should think hard about the need to leave the United States,” he said, citing instances where lawful residents were denied re-entry or questioned at airports.
According to US Customs and Border Protection (CBP), more than 320 persons were denied entry at New York’s JFK Airport alone over a two-month period this year.
CBP officials claim the measures are part of lawful enforcement. “Green card holders who have not broken any US laws or committed application fraud have nothing to fear about entering and exiting the country,” said CBP Assistant Commissioner Hilton Beckham in a statement to Newsweek.
However, immigration lawyers suggest otherwise. Shannon Shepherd of the American Immigration Lawyers Association told Newsweek that the agency is seeing more negative use of discretion.
“People are being denied entry or detained in situations where they previously would have been allowed to withdraw or pass,” she said.
