As USCIS intensifies enforcement and vetting of marriage-based green cards, couples face mandatory interviews, biometric verification, and a higher burden of proof—raising the risk of denial and longer processing times.
✅ If you are pursuing a marriage-based petition, consult an attorney to map out updated documentation strategy and interview prep now
“Marriage Not Enough For Green Card.” — Brad Bernstein’s blunt warning captures what many families began feeling in 2025 and are experiencing more sharply in early 2026.
A marriage certificate can still be necessary for a spouse-based case. Yet USCIS is increasingly treating it as only the starting point. Officers are being directed to test identity, living arrangements, and credibility more aggressively across Form I-130 and Form I-485 filings.
A shift in posture sits behind these changes. USCIS has been signaling a move away from a benefit-oriented approach and toward enforcement and vetting, with DHS echoing a “restore integrity” theme. The practical result is simple: many couples should expect more interviews, more document requests, and more cases that end with a denial plus referral into removal proceedings.
The 2025 pivot: policy guidance, then enforcement pilots
August 1, 2025 marked a major inflection point when USCIS updated guidance in the USCIS Policy Manual (Volume 6, Part B) focused on family-based petitions. The agency framed the update as a response to “fraudulent, frivolous, or otherwise non-meritorious” filings and said the new guidance would improve its ability to vet “genuine, verifiable” relationships.
Couples felt that language quickly in the form of heavier scrutiny of household ties, commingled finances, and consistency across records.
September 30, 2025 then put numbers behind the rhetoric, when USCIS disclosed results from Operation Twin Shield. USCIS Director Joseph B. Edlow described an “all-out war on immigration fraud.” The pilot program also showed how interviews were being used as an enforcement tool, not just a fact-finding step. Out of 1,000 cases investigated, 275 were flagged for fraud, non-compliance, or national security concerns.
DHS reinforced the broader frame on December 22, 2025 in its end-of-year review. That language matters because it affects how front-line adjudication feels to applicants. Officers are being asked to look for signals of risk and misrepresentation, even in cases that previously might have been treated as routine.
What “totality of the relationship” means now
USCIS officers have long evaluated whether a marriage is bona fide. What is changing is the intensity and the breadth of evidence USCIS treats as relevant under a “totality of the relationship” approach.
In plain terms, “totality of the relationship” means USCIS may weigh many factors together rather than relying on one strong document, like a marriage certificate, to carry the case.
A key factor inside that totality review is cohabitation. In this context, cohabitation refers to spouses actually living together as a married household, shown through leases, mortgage documents, mail, IDs, and routine life records.
- Living apart does not automatically mean fraud. Real marriages can include deployments, caregiving, school, and job assignments.
- Still, living apart invites closer scrutiny and often triggers tougher interviews and more requests for proof, consistent with Brad Bernstein’s warning.
Procedural changes: interviews and identity checks are becoming the norm
USCIS is changing the process, not only the standard of review. Two developments stand out:
- Near-elimination of low-risk interview waivers
– Low-risk interview waivers are close to disappearing for marriage-based filings.
– In many cases, couples should expect in-person interviews, and sometimes separate questioning that resembles a Stokes-style format.
– Separate interviews raise the stakes because small inconsistencies can grow in significance. Minor differences in dates, addresses, or daily routines may be treated as credibility problems when viewed alongside other “red flags.”
- Tighter biometric identity screening
– Starting in January 2026, USCIS began implementing biometric face verification to cross-check live captures or interview photos against prior immigration records, including older visa applications and travel history.
– This cross-referencing can surface mismatches couples did not anticipate, including outdated biographic details, prior address history, or prior filings prepared by third parties.
Interview volume also affects timing. When more cases require interviews, scheduling becomes a bottleneck. That operational pressure shows up in real wait times, especially where field office capacity is limited.
Table 1: Key marriage-based policy changes and what they do in practice
| Policy Change | USCIS Change Agent | Affected Petitions | Practical Impact |
|---|---|---|---|
| “Totality of the relationship” standard applied more aggressively | USCIS Policy Manual update (August 1, 2025) | I-130, I-485 | More factors weighed together; single “strong” document rarely ends the inquiry |
| Increased emphasis on cohabitation as proof of bona fides | USCIS adjudication guidance and interview posture | I-130, I-485 | Living apart may trigger deeper questioning and heavier evidence requests |
| Near-elimination of low-risk interview waivers | USCIS field operations and anti-fraud posture | I-130, I-485 | More in-person interviews; longer queues; more opportunities for inconsistencies to matter |
| Biometric face verification | USCIS identity screening (January 2026) | I-485 (and related identity checks tied to the case) | More identity mismatches detected; interview photos and historic records compared |
| Broader use of NOTICES to Appear (NTAs) after denial when out of status | DHS and USCIS enforcement posture | I-485 (especially) | Denial may be followed quickly by NTAs and potential removal proceedings |
The expanded evidence burden: why “more paperwork” is not the full story
The new reality is not only about the volume of documents. It is also about consistency across sources. USCIS can compare what couples submit to prior immigration filings, entry records, and other historic identifiers. Small contradictions may be treated as signs of fabrication, even when they are better explained by memory gaps or translation issues.
Evidence now tends to be assessed in clusters:
- Household proof: leases, mortgage statements, renter’s insurance, utility bills, and IDs listing the same address.
- Financial interdependence: joint bank activity over time, shared debts, tax filings, and beneficiary designations.
- Life history consistency: travel timelines, prior addresses, prior names, and older immigration applications.
- Community verification: third-party affidavits, photos tied to events, and communications showing an ongoing relationship.
⚠️ New evidence and documents required: couples should prepare years of joint records, travel histories, and third-party affidavits; anticipate more scrutiny and potential delays.
Denials can now carry faster enforcement consequences
One of the most consequential changes is what can happen after a denial. USCIS has moved away from narrower NTA issuance practices used in prior years. When an applicant is out of status and the I-485 is denied, officers can issue NOTICES to Appear (NTAs) quickly, which can place the person into removal proceedings.
The scale is significant. Between January 20, 2025 and late December 2025, USCIS issued 196,600 NTAs. That statistic does not mean every denied marriage case leads to court, but it does mean the enforcement pathway is being used widely enough that couples should treat denial risk as more than an administrative inconvenience.
This change also affects strategy. Couples who might previously have “taken a chance” with thin documentation may now face consequences that extend beyond a simple refusal.
Processing times: interviews and vetting slow everything down
Longer case times are not only the product of higher filing volumes. The mechanics of stricter vetting create delay:
- More interviews require more officer hours.
- More cross-checking increases review steps.
- More fraud referrals can pause adjudication.
USCIS processing times for Form I-130 have climbed, with reported averages ranging from 14.6 to 35 months as of early 2026. Those ranges vary by service center and case type and can change quickly. Still, the direction is clear: couples planning travel, work transitions, and housing decisions may have to plan around long uncertainty windows.
Operation Twin Shield as a preview of how interviews are used
Operation Twin Shield matters beyond the Minneapolis–St. Paul pilot footprint because it shows how USCIS is selecting cases and what it seeks during in-person questioning. USCIS reported 275 problematic outcomes among 1,000 reviewed cases. Even allowing for selection effects in a pilot program, the message to the field is unmistakable: interviews are not treated as a formality.
Applicants should expect broader questioning that tests whether spouses share an actual married life: daily routines, family knowledge, financial habits, and timelines. The risk is not only fraud findings; non-compliance concerns can also surface, including prior misstatements or unexplained gaps in status history.
Where public charge fits into the 2026 outlook
A proposed public charge rule published in November 2025 is expected to be finalized in 2026. If finalized, self-sufficiency and financial factors could carry more weight again in family-based adjudications. Couples should treat this as a planning issue, not a panic trigger. Financial documentation may matter more, and sponsors may want to keep records organized.
What couples can do now, before filing or the interview notice arrives
Strong cases may still be approved, but the threshold for “strong” is rising. Couples can often reduce risk by building a file that tells one coherent story across addresses, dates, and documents, then preparing for interview-style testing of that story.
Recommended steps:
- Accuracy checks
– Confirm prior immigration filings match current claims.
– Check dates on leases, moves, and travel.
– Ensure translations and name spellings are consistent.
- Organize documentary clusters
– Household: leases, utilities, mail, IDs.
– Financial: joint accounts, shared debts, tax returns.
– Life history: travel, prior addresses, previous filings.
– Community: affidavits, event photos, consistent communications.
- Interview preparation
– Anticipate separate questioning and potential Stokes-style formats.
– Rehearse consistent answers on routines, timelines, and shared facts.
– Bring corroborating documents that align with oral testimony.
Start with accuracy checks. A mismatch that looks trivial in isolation can become central when paired with a cohabitation question or an identity check.
For official reference points, USCIS maintains the Policy Manual at https://www.uscis.gov/policy-manual, and releases are posted at https://www.uscis.gov/newsroom/news-releases. DHS postings appear at the DHS newsroom.
This article discusses policy shifts and enforcement actions that may affect immigration outcomes. It is not legal advice.
Consult an immigration attorney for guidance tailored to individual circumstances.
USCIS has intensified its scrutiny of marriage-based green card applications through 2025 and 2026. Key changes include the aggressive ‘totality of the relationship’ standard, mandatory interviews, and biometric facial verification. Policy updates have removed interview waivers and increased the issuance of Notices to Appear (NTAs) upon denial. Couples face a higher burden of proof regarding cohabitation and shared finances, with significantly longer processing wait times.
