Marrying a US Citizen No Longer Guarantees a Simple Green Card Path

Spouses of US citizens have historically occupied a legal category all their own. This year, that special status is being treated like everyone else's.

USCIS has implemented a series of policy changes in 2026 that immigration attorneys and advocacy groups say have significantly raised the bar for marriage-based green card approval, affecting a pathway that produced more than 250,000 immigrant visas in fiscal year 2024 alone.

What Changed and When

Every marriage green card case in 2026 now requires an in-person interview, with USCIS eliminating the limited waiver provisions that previously let some couples skip that step.

A memo issued in recent months encourages officers to consider whether an applicant returned to their home country to apply, and those who instead remain in the US while adjusting status may now face longer and more intrusive vetting.

The public charge doctrine has been expanded to weigh factors including English language proficiency, credit history, savings, health screening results, and consistent work history — criteria that weren't previously emphasized in marriage cases.

Trump has also asked financial institutions to review the bank accounts of people in the US without permanent status, according to reporting on the changes.

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Why Spouses Used to Be Different

Sharvari Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, said spouses of US citizens have "always had a special place under the law," exempt from immigrant quotas and not required to maintain legal status to adjust it.

"But this administration is treating them like all other immigrants," she said.

USCIS has defended the approach, telling reporters the agency is "committed to implementing policies and procedures that strengthen fraud detection" and support "rigorous screening and vetting measures."

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The Travel Ban's Reach Into Marriage Cases

More than 70 countries face holds affecting a wide range of travel and immigrant visa categories, and there is no exception for spouses, even those married to active-duty US military members.

One green card holder cited in reporting has lived in the US for three decades but has had her citizenship application frozen for over a year because her country of birth falls under the travel ban.

Ashley DeAzevedo, executive director of American Families United, said "life has become a lot more difficult for Americans who are married to somebody who is not born in this country."

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The Bigger Immigration Picture

In the first quarter of the 2026 fiscal year, 167,401 immediate relative petitions were approved alongside 8,612 fiancé petitions, figures that fluctuate across administrations but sit within the range advocates are tracking closely.

Separately, sweeping changes have pushed many green card applicants toward consular processing abroad rather than adjustment of status from within the US, a shift the administration says improves vetting but that immigration lawyers warn can strand applicants for months or years if their case runs into trouble overseas.

Cato Institute's David Bier has characterized the broader pattern as "quiet quitting" on legal immigration processing, pointing to USCIS data showing green card approvals roughly halved over the past year — a drop he attributes primarily to applications simply not being processed rather than being denied outright.

What Couples Are Being Told to Do

Immigration attorney Eric Welsh said clients must now prepare to document "good moral character" and provide detailed evidence of their relationship history that previously wasn't required for marriage-based cases.

Attorneys are advising couples to build extensive documentation early: joint financial accounts, lease agreements, communication records, and testimony from friends and family, treating what was once a routine filing like a case that must be actively defended.

TL;DR

• USCIS now requires in-person interviews for every marriage-based green card case in 2026.

• The public charge doctrine has expanded to include English proficiency, credit history and work history checks.

• More than 70 countries face travel-ban holds affecting marriage-based visa applications, with no exception for military spouses.

• USCIS data shows green card approvals have roughly halved over the past year, largely from processing delays.

• Immigration attorneys are advising couples to build extensive documentation well beyond what was previously required.

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