The U.S. Citizenship and Immigration Services (USCIS) has launched a sweeping policy offensive against marriage fraud with the release of new guidance on August 1, 2025, aimed at tightening the vetting of family-based immigrant visa petitions. This significant update to the USCIS Policy Manual, titled “Family-Based Immigrants,” reflects a major shift in how marriage-based green card petitions will be scrutinized moving forward.

At Saluja Law, we believe it's critical that immigrant families and sponsoring U.S. citizens understand the implications of this policy shift. If you are planning to file a marriage-based petition—or are already in the process—this new guidance may directly impact your case.

What's Changing?

The new policy reaffirms USCIS's commitment to preventing fraudulent, frivolous, or non-meritorious marriage-based petitions. According to USCIS, these applications not only “erode public confidence in the immigration system” but also present potential national security threats.

Here are the key changes:

1. More Rigorous Evidence Requirements

USCIS will now require more comprehensive documentation of bona fide marriages, especially in cases involving:

• Limited cohabitation,

• Age, language, or cultural disparities,

• Short courtships, or

• Past immigration violations.

Petitioners and beneficiaries should expect to submit:

• Detailed joint financial records (bank accounts, insurance policies, tax filings),

• Residential leases or mortgages in both names,

• Photographs across time and locations,

• Travel records,

• Social media evidence, and

• Sworn affidavits from family and friends attesting to the relationship.

2. Expanded Interview Procedures

In-person interviews—already standard for marriage-based petitions—will now involve deeper probing. USCIS officers are authorized to:

• Conduct separate interviews of each spouse,

• Assess consistency across timelines and shared life facts,

• Inquire into cohabitation history, personal routines, and communications.

3. Greater Scrutiny of Immigration Histories

If the beneficiary is already in the U.S.—for example, on an H-1B or J-1 visa—USCIS will closely review their full immigration record. Any overstay, prior denials, visa violations, or suspected fraud will weigh heavily against approval.

4. Approval ≠ Protection from Removal

A critical update: approval of a marriage-based visa does not protect the beneficiary from removal. USCIS explicitly states it retains authority to issue a Notice to Appear (NTA)—the document that initiates deportation proceedings—even after approval, if the spouse is deemed otherwise removable due to fraud, misrepresentation, or ineligibility.

Why Now?

This policy offensive is not merely theoretical—it reflects a growing enforcement posture. In May 2025, for example, Indian national Aakash Prakash Makwana pleaded guilty to marriage fraud after overstaying a J-1 visa and fabricating cohabitation documents to obtain a green card through a sham marriage. He even falsely alleged domestic abuse to seek benefits under VAWA. He now faces prison time, fines, and removal.

The new guidance is intended to prevent such abuse by reinforcing USCIS's ability to detect, investigate, and refer fraudulent applicants for prosecution and deportation.

What This Means for Couples

Even legitimate marriages could face hurdles under this enhanced scrutiny, especially if there are:

• Limited shared assets,

• Physical separation due to work or schooling,

• Cultural differences,

• Short-term relationships or online beginnings, or

• Prior immigration issues.

How to Protect Your Petition

To give your application the best chance of success:
✅ Be thorough. Include all possible evidence of your shared life.
✅ Be honest. Inconsistencies can raise red flags.
✅ Be prepared. Anticipate a rigorous interview process.
✅ Be represented. An experienced immigration attorney can guide you through the complex and changing landscape of marriage-based immigration.

Saluja Law Is Here to Help

At Saluja Law, we specialize in family-based immigration and have helped hundreds of couples navigate complex petitions, respond to RFEs, and defend against wrongful fraud accusations. Whether you are just beginning your marriage-based petition or have encountered complications, we are here to advocate for you.

📞 Call us today for a confidential consultation    +1.304.755.1101
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