The U.S. Citizenship and Immigration Services (USCIS) is implementing new rules governing the process of obtaining a green card through marriage, set to take effect in January 2026. These changes aim to strengthen oversight and prevent fraud in a pathway to permanent residency for foreign nationals married to U.S. citizens or legal residents.
New Requirements for Marriage-Based Green Cards
Currently, a conditional green card is granted for marriages lasting less than two years at the time of approval. To remove these conditions, applicants must file Form I-751 within 90 days of the card’s expiration. The USCIS is extending the automatic validity of conditional residency to 48 months following a correct application. Failure to file this form could result in automatic revocation of residency, according to agency announcements.
The USCIS requires applicants to demonstrate the authenticity and legality of their marital relationship. For those with marriages less than two years old at the time of approval, filing Form I-751 with the spouse is required within the 90-day window. Couples who are separated or divorced may file individually, provided they can demonstrate the marriage was entered in good faith.
According to the USCIS, “cohabitation is the primary factor in determining the legitimacy of a marriage.” Cases where spouses do not share a residence will face closer scrutiny, and additional evidence may be required. Documented exceptions for situations like work or family obligations will be considered.
Increased Scrutiny and Documentation
The agency is requesting a variety of documentation to verify the relationship, including joint lease agreements or mortgages, joint bank accounts, shared insurance policies, recent photographs demonstrating a shared life, and affidavits from family and friends.
The USCIS has identified several “red flags” during the review process, including significant age differences between spouses, language barriers, notable cultural differences, and a lack of shared residence. Marriages entered into during deportation proceedings will also be subject to additional scrutiny.
The agency warns that “any attempt to enter into a marriage or union during deportation proceedings will be reviewed with rigor.” These measures are intended to prevent the fraudulent use of marriage as a means to obtain immigration benefits.
What Happens Next
Applicants seeking a green card through marriage should expect a more rigorous review process beginning in 2026. It is likely that processing times for these applications could increase as USCIS implements the new requirements. Individuals should carefully gather all requested documentation and ensure they meet the eligibility criteria to avoid potential delays or denials. It is also possible that the agency will issue further guidance or clarification on these rules in the coming months.
Frequently Asked Questions
What is Form I-751?
Form I-751 is the Petition to Remove Conditions on Residence. It is filed by individuals who received a conditional green card through marriage and are seeking to become permanent residents.
What happens if I don’t file Form I-751 on time?
The USCIS warns that failure to file Form I-751 within 90 days of the conditional green card’s expiration may result in the automatic revocation of residency.
What evidence is considered proof of a legitimate marriage?
According to the USCIS, cohabitation is the primary evidence of a legitimate marriage. Other acceptable evidence includes joint financial accounts, shared property, and affidavits from family and friends.
As these new regulations approach, will applicants adjust their strategies to meet the increased demands for proof of a bona fide marriage?
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