Washington:
Marrying a US citizen or green card holder is no longer a smooth sailing one-way ride to the American dream for immigrants. Amid US President Donald Trump’s crackdown on immigration, the American administration has adopted stricter policies to shape current immigration procedures– a stark contrast from Biden-era policies, when occasionally even waived off interviews of immigrant spouses.
While marriage-based green card applications always included an interview stage, in recent months, a shift was witnessed with the administration adopting a more intense vetting process. Officials are requesting detailed documents outlining the minute aspects of relationships, including knowledge about the spouses’ sleeping habits and allergies, according to a report by Times Of India (TOI).
“Officers will be looking deeper… leaning into their discretion more often than they did in the Biden years. They are already spending more time verifying marriages, and we are seeing an increase in requests for evidence,” Ashwin Sharma, an immigration attorney, told TOI.
Vetting Process
The key step to getting the green card clearance is tackling the interview. If the spouse applying for permanent residency resides outside America, the interview will be conducted by US consulate officials. Those already in the United States– like a non-immigrant H-1B visa — must apply for adjustment of status, with interviews carried out by the United States Citizenship and Immigration Services (USCIS).
Immigration lawyers cautioned applicants to expect detailed questioning and asked them to ensure all documents are in order.
“We’re seeing an increase in requests for evidence, and it’s likely this pattern will soon become official policy,” said immigration attorney Sharma.
The experts said that consular officials are paying special attention to the couple’s story, about how they met, their intention to live together, and how they have maintained the relationship. And since the US citizen spouses are not allowed to attend the visa interview in consular cases, the entire burden of proof lies on documents.
“Documents have to tell the full story: how the relationship began, genuine intent to live a married life together, how it’s been sustained, and why it is bona fide. That means clear evidence of communication, visits, shared plans, and/or family involvement,” he added.
What Can Be Considered Evidence
Snehal Batra, managing attorney at NPZ Law Group, told TOI that applicants must be prepared with extensive documentation, which could include money transfer receipts, call logs, photos, joint accounts, and even joint life insurance policies.
“Additionally, be prepared to answer questions about your marital relationship, including your spouse’s current employment, salary, education and any prior marriages,” she added.
Batra cautioned that if a green card is “denied due to an alleged marriage fraud, the spouse can be placed in removal proceedings (deportation).”
Biden-Era Leniency
President Joe Biden last year unveiled new rules easing the process for undocumented spouses of US citizens to obtain permanent residency status.
The new rules did not expand eligibility for permanent residency, but rather streamlined the process for those who already qualify. That includes removing a requirement that they leave the country as part of the application process.