US tightens Green Card rules: What it means for post-marriage travel plans

The United States Citizenship and Immigration Services (USCIS) has recently implemented significant changes to the marriage-based green card application process. These adjustments, which include updated forms, increased filing fees, and more stringent scrutiny of applications, aim to enhance the integrity of the immigration system. Prospective applicants must be aware of these changes to ensure a smooth application process.
USCIS has updated key documents, including Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). Applicants are required to use the latest versions, as submitting outdated forms may result in delays or outright rejection. Additionally, filing fees for these forms have been increased as part of the agency’s efforts to better allocate resources and cover operational costs.
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Applicants should anticipate longer processing times for marriage-based green card applications. Frequent delays may occur during stages such as scheduling biometrics appointments, conducting interviews, and issuing final approvals. USCIS attributes the slower timeline to enhanced security measures and more rigorous vetting procedures. Consequently, applicants are advised to plan accordingly and exercise patience throughout the process.
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USCIS has intensified its examination of the legitimacy of marriages to prevent fraudulent applications. Applicants may encounter more thorough investigations into joint financial accounts, cohabitation arrangements, social histories, and consistency in interview responses. Requests for additional evidence (RFEs) have become more common, and some applicants have reported unannounced home visits and inquiries directed at family members. To navigate this heightened scrutiny, it's crucial to provide comprehensive documentation that substantiates the authenticity of the marital relationship.

The processing times for Employment Authorization Documents (EAD) and Advance Parole (AP) have significantly increased, with many applicants now facing waits of eight to fourteen months. While awaiting green card approval, individuals may find themselves unable to work or travel internationally. For those who cannot afford such delays, considering options like consular processing could be beneficial—though this alternative carries its own set of conditions and possible challenges.
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To understand these changes effectively, applicants should consider the following steps:
Use updated forms: Always download and submit the latest versions of required forms from the official USCIS website to avoid processing delays or rejections.
Prepare comprehensive documentation: As USCIS is scrutinizing marriage authenticity more closely, provide thorough evidence of your relationship, including joint financial records, lease agreements, photographs, and affidavits from friends and family.
Anticipate longer timelines: Plan for extended processing times by submitting your application well in advance of any critical dates or travel plans.
Seek professional guidance: Given the complexities of the current immigration landscape, consulting with an immigration attorney can provide valuable insights and assistance in ensuring your application meets all requirements.
Successful marriage-based green card applications can be greatly increased by keeping up with USCIS policy changes and taking proactive measures to meet the new requirements. Navigating this changing process requires diligence, careful planning, and adherence to revised requirements.