Marriage to a U.S. citizen remains one of the most common paths to a green card under federal law, but immigration attorneys and advocates say the Trump administration has intensified enforcement and vetting involving American citizens’ spouses, even as the underlying legal pathway remains intact. The core shift stems from a USCIS policy alert issued August 1, 2025, providing guidance on requirements for screening, vetting, and adjudication of family-based immigrant visa petitions.
What changed
USCIS says the guidance improves its capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with applicable laws, while prioritizing robust alien screening and vetting that protects Americans from potential national security threats.
The August 1, 2025 update enhances fraud screening, clarifies interview and filing procedures, and outlines risks of removal for certain applicants. Specific areas of change include:
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Removal risk at adjudication: One of the most significant changes is the expanded authority for USCIS officers to issue a Notice to Appear during adjudication; if an officer determines the beneficiary may be removable from the United States, they can refer the case for removal proceedings.
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Approval no longer shields from removal: As of August 1, 2025, approval of Form I-130 no longer guarantees lawful status or denial of removal proceedings.
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Heightened documentation standards: Petitioners must now demonstrate, through official documentation, that they are either United States citizens or lawful permanent residents, and must provide valid proof of the family relationship, which may include marriage certificates, birth certificates, adoption records, divorce decrees, or death certificates.
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Multiple-petition coordination: USCIS is now giving adjudicators explicit instructions on how to review filings collectively, with officers expected to cross-reference details across petitions and identify discrepancies that could indicate fraud or misunderstanding.
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Direct consular filing clarification: The update provides detailed clarification about when a U.S. citizen may file Form I-130 directly with a U.S. embassy or consulate abroad (direct consular filing), which is not available in most circumstances; military service members and certain U.S. government employees stationed overseas may continue to file through embassies or consulates when appropriate.
Why it matters
Immigration attorneys and advocates say the process hasn’t just gotten slower, it’s gotten more discretionary. This shift has real consequences for your clients and their families.
Timing and delays: Increased vetting and stricter enforcement have made the process longer and subjected many families to greater scrutiny.
Removal risk during adjudication: Filing a family-based petition now carries a degree of risk that did not exist as explicitly before; applicants with prior immigration violations, overstays, or other issues should be aware that bringing their case to the attention of USCIS could trigger enforcement action.
I-130 approval is not final relief: An August 2025 USCIS update emphasized that a pending or approved Form I-130 “does not grant immigration status or relief from removal.” This is a critical messaging shift for practitioners advising clients on realistic timelines and outcome expectations.
Documentation burden: The update places the preponderance-of-evidence burden squarely on the petitioner. Petitioners must submit complete and accurate documentation at the time of filing; missing or inconsistent documents may lead to Requests for Evidence, delayed adjudication, or even denial, and translations must be certified and documents must be legible, valid, and reflect accurate personal histories.
Way forward
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Pre-filing review: Before filing any I-130 for a spouse, conduct a comprehensive eligibility and admissibility review. Flag any prior immigration violations, overstays, criminal history, or fraud concerns that could expose your client to removal referral during adjudication. Professional legal guidance is essential to evaluate the full picture before submitting paperwork.
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Decision-ready documentation: Compile robust, certified evidence of the bona fide marriage relationship from day one—joint bank accounts, lease agreements, tax returns, correspondence, photographs, children’s birth certificates. Immigration attorneys advise that the “strongest cases” for a marriage-based green card need “especially careful evidence of a bona fide marriage, admissibility, financial sponsorship, clean immigration history.”
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Coordinate multi-petition filings: If your petitioner is filing for multiple family members (e.g., spouse and stepchildren), ensure all petitions are consistent in facts, dates, and supporting evidence. Review USCIS Policy Manual Volume 6, Part B, Chapter 5, Section D for the agency’s new multi-petition adjudication framework.
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Understand adjustment vs. consular processing: On the I-130, clearly indicate whether the beneficiary will adjust status in the U.S. or consular process abroad. Select only 1 option; if the petition is still pending and you want to change selection, contact the USCIS Contact Center to request a change. Consult the Policy Manual on direct consular filing eligibility if your client is overseas.
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Monitor ongoing case: If a Request for Evidence is issued, treat it as urgent. The new manual provides a clearer roadmap for what the officer is looking for, which helps in drafting a precise response and helps prevent long wait times.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Immigration policy and procedure are complex and subject to change without notice. You must verify all statements against the primary source documents—including the USCIS Policy Manual updates and the full source article linked above—and consult a licensed immigration attorney before advising any client or taking action on a family-based petition. Fola Form is a software company, not a law firm.