Introduction
Under Executive Order 14161 (January 20, 2025), USCIS has implemented stricter vetting and anti-fraud measures for marriage-based green card applicants, increasing scrutiny and procedural requirements. Changes include mandatory use of updated forms; enhanced scrutiny of applications, petitions, and marriage-based green card interviews; increased evidentiary requirements; stricter filing and payment procedures; and an increased risk for receiving notices of intent to appear (NTA). Using the acronym LOVE to stand for Legal Requirements, Official Paperwork, Verification, and Expectations After Filing, we explore each of these important changes.
L – Legal Requirements
A. What Is a Marriage-Based Green Card?
Obtaining a green card for a foreign spouse is a fundamental family-based method to immigrate to the U.S. The U.S. citizen or lawful permanent resident (LPR) spouse is the “petitioner” and the person who is seeking to become a green card holder through marriage is the “beneficiary.” Couples may apply for a marriage-based green card immediately after marriage by filing Form I-130, Petition for Alien Relative, concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, if adjusting status in the U.S., provided the marriage is legally valid (INA § 201(b)(2)(A)(i)). A foreign spouse may obtain a conditional green card (if married less than two years at approval) through marriage. Conditional residents must file a Form I-751, Petition to Remove Conditions on Residence within 90 days before the two-year anniversary to remove conditions (INA § 216).
B. Increased Scrutiny in 2025
In the marriage-based green card process, petitioners and beneficiaries must always establish the legitimacy of their marriage relationship; however, in 2025, meeting this requirement has become more complicated and difficult. USCIS now applies additional scrutiny to marriage-based green card applications in an effort to prevent immigration fraud. While the increased scrutiny may uncover more fraudulent marriages, it also makes obtaining a marriage-based green card more difficult in general, even for petitioners and beneficiaries acting in good faith. In other words, even those who entered into legitimate marriages, not solely for the purpose of obtaining immigration benefits, now face challenges in the marriage-based green card process.
In practical terms this means that USCIS may devote additional time to researching:
- Immigration histories;
- Past immigration filings and any statements made therein;
- Past behavior, such as criminal activity, travel patterns, and ideological speech;
- Financial sufficiency;
- Use of public benefits, like food stamps or housing subsidies; and
- The accuracy and completeness of answers on forms and statements made in support of any filings.
Additional scrutiny also means that USCIS may detect more discrepancies, such as undisclosed children or prior spouses, incomplete work or address histories, inconsistencies in dates, errors in civil documents, or statements made in affidavits.
O – Official Paperwork & Filing
A. Key Forms and Updates
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Form I-130: Now includes stronger anti-fraud language
To deter individuals from entering into marriages solely for immigration benefits, the updated Form I-130 features clear warnings about the penalties for committing marriage fraud. Marriage fraud convictions carry severe penalties, including up to five years’ imprisonment, $250,000 fines, and permanent inadmissibility (INA § 204(c); 18 U.S.C. § 1325(c)). In addition to emphasizing the consequences of marriage fraud, the form also requests that the general public report suspected immigration benefit fraud and abuse. These updates reflect USCIS’ priorities of detecting fraud in the marriage-based green card process.
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Form I-485: New edition required as of April 3, 2025
The new I-485 edition simplifies the questions related to the “public charge” inadmissibility. Specifically, the form adds additional questions so as to reduce the likelihood of applicants mistakenly interpreting the questions incorrectly and thereby providing inaccurate information. The new form also removes other gender selection options and makes “male” and “female” the only two options for gender. For those applicants required to submit a Form I-693, Report of Medical Examination and Vaccination Record, USCIS now requires that it be filed concurrently with Form I-485. USCIS may reject the entire application for failure to file these two forms concurrently.
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Form I-693: General updates
As of January 1, 2025, a COVID-19 vaccination is not required. Unless a blanket waiver applies (90 FR 4567), applicants required to submit a Form I-693, must file it concurrently with Form I-485.
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Form I-797: Versions Clarified
Form I-797s are USCIS’s method of communicating to petitioners and beneficiaries any USCIS actions or updates on a case. Starting May 1, 2025, petitioners and beneficiaries will begin to receive updated versions of I-797s. However, there are several different kinds of I-797s, which can make the communications confusing. USCIS clarified that the Form I-797A is issued to applicants to replace a Form I-94, Arrival/Departure Record. Form I-797B notifies foreign national workers of their approved petitions. Form I-797C is used to communicate that USCIS received an application, rejected an application, or transferred files to a new location, as well as to communicate appointment notices or other actions.
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Form I-129F: Updated and more comprehensive
As of May 1, 2025, USCIS no longer accepts outdated versions of the Form I-129F, meaning that petitioners must use the January 20, 2025, edition to file or risk rejection. Similar to other forms, the new I-129F includes strong language about the penalties of marriage fraud and provides information on how the public can report fraudulent activities. The new form requires petitioners and the beneficiaries to provide five-year histories of physical addresses and employment. Finally, the filing address for the form is updated to the USCIS Dallas lockbox, with specific mailing addresses for the postal service and courier services.
B. Filing Fee Reminders
USCIS has very specific fee instructions for each form type. These can be found on each individual form’s webpage under the drop-down menu entitled “Filing Fee.” Each form has a different fee, which can be calculated using USCIS’s fee calculator site. Each form must be filed with separate payments, which is especially important for individuals filing multiple forms together at once, e.g. Form I-485 and Form I-130 concurrent filing. USCIS states that it may reject an entire filing package if it is submitted with a single, combined payment for multiple forms. Using the wrong payment form or payment method could cause rejection without a refund. USCIS charges fees for the service of looking at the immigration filing, not for a favorable decision, meaning that even if filing parties withdraw a filing, or receive a rejection or denial, the fees will not be refunded.
V – Verification: Proving a Bona Fide Marriage
In support of a marriage-based green card application, filers must provide thorough and accurate information, as well as substantial evidence to demonstrate the bona fide nature of the relationship. Providing a complete and detailed picture of the petitioner-beneficiary relationship at the outset can help to avoid delays and denials.
A. Increased Emphasis on Authenticity
USCIS’s increased scrutiny of applications and petitions means that it may require more details than usual about: 1) when and how petitioners and beneficiaries met; 2) previous marriage, divorce, and step-children details; 3) specific day-to-day relationship details; 4) knowledge about extended family members; and 5) shared goals and future plans.
Furthermore, USCIS requires more documentary evidence of the parties’ shared life together, which may include multiple documentary examples of:
- Comingled finances, e.g. bank accounts, credit cards, and retirement accounts;
- Shared legal responsibility for living spaces, such as a lease or mortgage and utility bills;
- Shared occupancy of living spaces as shown through the location of personal belongings and mail received; and
- Spouses disclosed on each other’s tax documents.
In addition to increasing the quantity and quality of their documentary evidence, parties must also continue to speak credibly about the relationship. USCIS looks for authentic, nonrehearsed answers, as credibility matters more than specific documents.
B. Living Apart
While it is still possible to prove a bona fide marriage when the partners have lived apart or spent little time with each other in person, it will require even stronger documentation. The parties should be prepared to provide detailed explanations of why they live apart, which can include cultural, financial, familial, personal, employment, or other related reasons, etc. Petitioners and beneficiaries should not shy away from providing details and documentary evidence that illustrates the context of their circumstances. Now more than ever, it is important to offer USCIS a clear and comprehensive understanding of the bona fide reasons for living apart.
C. Mandatory Interviews Are Back
The Biden administration waived some marriage-based green card interviews; however, the new presidential administration largely removes this policy. As such, petitioners and beneficiaries must expect longer delays before interviews are scheduled, as more USCIS resources will be absorbed in conducting the interviews.
D. Conditional Permanent Residents
Conditional resident green card holders should be aware that USCIS applies heightened scrutiny to the adjudication of the Form I-751, Petition to Remove Conditions on Residence. USCIS requires robust evidence of a bona fide marriage to avoid denial or removal proceedings (8 CFR § 216.4).
E. Stokes Interviews
A “Stokes” interview refers to when couples are separated and questioned individually so that USCIS may match and compare answers to determine the authenticity of a marriage. Stokes interviews are typically used when USCIS suspects fraud but may be applied in complex cases (USCIS Policy Manual, Volume 7, Part G, Chapter 5). With increased scrutiny of marriage-based green card adjudications, petitioners and beneficiaries should be aware that a Stokes interview is possible.
E – Expectation After Submission
A. Processing Times in 2025
As of June 2025, median processing times are 12.5 months for I-130 (immediate relatives) and 10.8 months for I-485 (family-based), reflecting increased scrutiny and resource constraints (see USCIS Processing Times). For several reasons, including the reduction in force of government employees and increased immigration scrutiny, there is also a noticeable slowdown in the scheduling of in-person appointments and interviews.
B. Filing Risks
USCIS customers can expect increased requests for evidence (RFEs), and issuances of Notice of Intent to Deny (NOID) or Notice of Intent to Revoke (NOIR). Critically, if an application or petition is denied and a party to the filing is not in lawful status at the time of denial, there is a heightened risk of being referred to immigration court for removal proceedings using a Notice to Appear (NTA). As such, it is important to ensure the accuracy and completeness of immigration filings.
Tips for Navigating the Process in 2025
A. Be Thoroughly Prepared
Take control of petitions and applications by providing a complete and detailed filing to USCIS from the outset. In the past, it may have been acceptable to provide USCIS with the minimum information necessary to obtain a filing date, with the expectation that more information could be provided at a later date. While this strategy may have worked well in the past, there is strong indication that USCIS’s additional scrutiny could result in these types of minimum (prima facie) filings to result in significant RFE delays, rejections, or denials.
Retain document copies, adopt an organized filing system, and collect supporting evidence and documentation over time. Keep in mind that USCIS will want to see a strong relationship foundation that spans the duration of the relationship, not just close in time to the marriage date or the time of filing. Filers must update any changes to their mailing addresses promptly so as not to miss any communications from USCIS or other government entities.
B. File a FOIA or Ombudsman Request
When there appears to be little movement on a case that is outside processing times or communications with USCIS have ceased to be productive, petitioners and applicants may utilize the Freedom of Information Act request system to obtain useful details on their specific cases. In addition, the USCIS Ombudsman may be able to assist in other protracted situations.
C. Work With Competent Immigration Professionals
If filing parties do not understand a particular change in procedure or a USCIS communication on their case, it is best practice to obtain a professional’s assistance. If petitioners, applicants, or beneficiaries feel out of their depth in navigating the filing requirements or if there are particularly complex or difficult-to-document marriage relationships, engaging competent immigration counsel may be necessary. Small but costly errors can be avoided by seeking professional assistance.
D. Stay Informed
Not only must petitioners, applicants, and beneficiaries stay informed of their own individual cases, but they must also remain up to date in immigration policies and executive orders, as changes may be swift and far reaching. It is best to rely on reputable sites and news sources for information and to always check with a bona fide immigration attorney when in doubt.
Conclusion
Immigration benefit seekers and practitioners alike must adjust to the 2025 climate of increased enforcement. This means recognizing that the marriage-based green card process has become more scrutinized and procedural. While obtaining immigration benefits overall has become more difficult, it is not impossible. Refer to this guide and our other blog posts to set yourself up for success going forward.
Disclaimer: This guide reflects U.S. immigration policies and enforcement trends current as of June 2025. It is for informational purposes only and does not constitute legal advice. Rules change often—please verify with official USCIS sources or seek guidance from a qualified immigration attorney.
