USCIS Revising Marriage Green Card Process in 2026

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Major changes are coming to the marriage-based green card process in 2026, including stricter vetting, heightened enforcement, expanded evidence requirements, and increased detention of applicants flagged for further review at interviews.

To find out more, please keep on watching.

What to Expect: Shift Toward Heightened Enforcement

In 2025, internal policy shifts at USCIS stopped the issuance of Requests for Evidence, required medical exams to be filed with adjustment applications in a single package, and, most notably, created an unprecedented rise in denials and detentions at green card interviews.

Detentions at Green Card Interviews

In recent months, things took a turn for the worst. USCIS officers have been increasingly working alongside Immigration and Customs Enforcement (ICE) to identify and flag green card applicants they believe are potentially ineligible for benefits. Those flagged for additional review have faced immediate detention at their green card interviews.

Although the law allows visa overstays to be forgiven for those married to U.S. citizens, USCIS officers have been reporting visa overstays to ICE during green card interviews, resulting in their immediate detention. This has occurred in recent weeks in San Diego to a Navy spouse, a breastfeeding mother, and even an elderly man, signaling that enforcement is being taken to an unprecedented level.

Under Trump, internal ICE policies have included numerical targets for deportations, effectively creating quotas for enforcement officers. These targets set specific numbers of removals to be achieved within given timeframes, which places added pressure on USCIS officers to flag these individuals for removal.

Caution for Visa Overstays in 2026

If you have overstayed your visa, it is essential to consult with an immigration attorney to determine the best strategy—whether to file your case now or wait, depending on whether these enforcement tactics are being applied in your place of residence.

Increased Scrutiny of Bona Fide Marriage

In addition to recent detentions at green card interviews, immigration officers are also requiring couples to provide further documentary evidence that their marriage is genuine. Simply showing shared bills is no longer sufficient. In some cases, USCIS officers have been conducting interviews with family members and neighbors to verify that a marriage is bona fide.

When filing the I-751 petition to remove conditions, an increasing number of applicants may face additional scrutiny, particularly if they are no longer married to their U.S. citizen spouse or if the evidence they submit is insufficient to establish a bona fide marriage. USCIS reports an estimated 20% increase in denials in 2026.

To prevent these issues, meticulously document everything and maintain a thorough paper trail to clearly demonstrate that your marriage is legitimate.

Fee Increases on the Horizon

Starting January 1, 2026, USCIS will implement inflation‑adjusted increases for many filing fees — including for applications such as Form I-485 (Adjustment of Status) and Form I-130 (Petition for Alien Relative).

Though some increases may be modest under the inflation adjustment, the cost difference can still be significant compared to current fee levels. Plan ahead and prepare your filing as soon as possible to avoid paying the additional fees.

Green Card Processing Time Delays

Green card processing times are expected to increase in 2026 due to USCIS backlogs and increased vetting. I-485 green card applications are expected to be processed between 9-15 months or more. These delays are driven by high application volumes, staffing shortages, and stricter security checks.

Increasingly, USCIS is requiring green card applicants to attend in‑person interviews, even in cases where an interview was not previously required. This applies to marriage‑based, employment‑based, and other adjustment-of-status applications, reflecting stricter vetting and fraud-prevention measures.

Security Vetting and Public Charge Rule

USCIS has intensified security vetting for green card applicants, including background checks and screenings for potential fraud or ineligibility. USCIS has increasingly reviewed social media accounts and relied on artificial intelligence to uncover derogatory information. At the same time, Trump’s new Public Charge rule will be applied in early 2026, with officers assessing whether applicants are likely to rely on government benefits, affecting the approval of adjustment applications.

Looking Ahead

In 2026, the marriage-based green card process will be stricter and more complex than ever. Applicants should prepare for enhanced vetting, mandatory interviews, higher fees, longer processing times, and increased scrutiny of both marriage validity and eligibility. Careful planning, thorough documentation, and legal guidance will be essential to successfully navigate these changes and avoid potential denials.

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