Marriage-Based Green Cards: USCIS “RED FLAGS” for marriage-based green card cases (Updated December 2025)

MARRIAGE BASED GREEN CARD ISSUES: 2025 UPDATE

I have been helping couples with marriage green cards for over twenty years, and one question I get a lot is what the USCIS looks for when considering the legitimacy of a marriage. This is more critical now than ever. A marriage entered into solely for the purpose of gaining immigration benefits is unlawful, and in the current enforcement climate, suspicion of a “sham marriage” can lead to immediate consequences beyond just a paperwork denial.

Recommended: Go to my main marriage green card page for more information. Including if you’re eligible for a marriage green card in the first place.

A sham marriage has been defined by the BIA as a marriage which may comply with all formal requirements of the law but which the parties entered into with no intent, or “good faith”, to live together and which is designed solely to circumvent the immigrations laws. See Matter of Patel, 19 I&N Dec. 774 (BIA 1988).

URGENT: Arrests at Green Card Interviews

The landscape of the marriage interview has fundamentally changed in 2025. We are seeing an unprecedented increase in ICE coordination within USCIS field offices. While marriage to a U.S. citizen has historically provided a path to “cure” a visa overstay, recent policy shifts have led to many applicants being detained directly at their interviews.

• Increased ICE Presence: New directives have increased the frequency of ICE agents stationed at USCIS offices. According to recent reports from the ACLU and various national news outlets, individuals with outstanding removal orders or even simple visa overstays are being taken into custody immediately following their interview.
• The “Trap” Interview: Many advocates are warning that interviews are being used as a tool for “low-hanging fruit” enforcement. If an officer finds a lack of “good faith” evidence, they may coordinate an immediate arrest rather than simply mailing a denial.

Current “Red Flags” USCIS is Looking For

The USCIS Policy Manual continues to guide officers on what to look for. In 2025, these indicators are being used with heightened scrutiny:

• Large disparity in age: Left to the subjective discretion of the officer.
• Language barriers: Inability of the petitioner and beneficiary to speak a common language.
• Vast differences in background: Discrepancies in cultural, ethnic, or religious backgrounds.
• Family/Friends unaware: A “secret” marriage is almost always viewed with suspicion.
• Marriage after proceedings: Marrying immediately after receiving a Notice to Appear (NTA) or a notification to depart.
• Knowledge discrepancies: Inconsistent answers to personal questions during the “Stoke’s Interview” (where spouses are questioned separately).
• Prior Petitions: If the petitioner has filed for alien spouses in the past.

The presence of these factors does not automatically mean a denial, but in the current 2025 environment, they can trigger an investigation that leads to detention. Applicants effectively have 20 minutes to prove their life together to a stranger who is trained to be skeptical.

What Happens After Denial or Detention?

If your case is not approved on the spot, the consequences can be swift:

• Immediate Removal Proceedings: The beneficiary may be placed in deportation proceedings, which can lead to a permanent ban from the United States.
• Appeals: You may appeal to the Administrative Appeals Office (AAO) or BIA, but this process now often takes years.
• Motion to Reopen/Reconsider: Typically must be filed within 30 days of the decision with strong new evidence.
• Refiling: Possible in some cases, but requires a new filing fee and carries the risk of being flagged for “fraud” based on the first interview.

Do I need an immigration attorney for my marriage-based green card?

In 2025, attending a green card interview without counsel is a significant risk. Hiring an attorney is no longer just about “filling out forms”; it is about protection.

1. Enforcement Protection: An attorney can intervene if ICE attempts to detain an applicant without proper cause or a warrant.
2. Knowledge of Rapidly Changing Laws: Immigration policy is currently shifting on a weekly basis. An attorney stays updated on the latest DHS memos.
3. Evidence Preparation: We help you gather “high-quality” evidence to overcome red flags before they become a problem.
4. Representation at Interviews: Having an attorney present ensures that the USCIS officer follows proper procedure and does not engage in intimidating tactics.

I offer a free consultation for your marriage-based immigration case. Do not walk into a USCIS field office unprepared in this environment.

EMERGENCY CHECKLIST: Preparing for the Unthinkable

In 2025, a marriage interview is no longer “just a meeting.” For many, it is a high-stakes encounter with federal law enforcement. If you or your spouse are at risk due to a visa overstay, a prior removal order, or even a minor criminal record, you must have an emergency plan in place before you step into the USCIS field office.

3. Immediate Post-Detention Steps

• Locate the Detainee: Use the ICE Online Detainee Locator System. Note that it may take 24-48 hours for a name to appear.
• Contact the Consulate: If you are a foreign national, you have the right to have your consulate notified of your detention.
• Bond Hearing: Your attorney must immediately move for a bond hearing to prevent transfer to a remote facility.

For a detailed breakdown of family preparedness, see the National Immigrant Justice Center’s Emergency Planning Guide.

Do I need an immigration attorney for my marriage-based green card?

Obtaining a marriage-based green card in the United States is a complex and lengthy process with a lot of traps and pitfalls. It requires submitting a considerable amount of paperwork, completing interviews, and complying with various legal requirements. Hiring an experienced immigration attorney can make the process easier and increase the likelihood of a successful outcome.

1. Knowledge of Immigration Law: Immigration law is complex and constantly changing. An experienced immigration attorney will have a thorough understanding of the law, including changes to policies and procedures. They can help you navigate the complex system and avoid common mistakes that could result in your application being denied.
2. Experience with USCIS: A skilled attorney will have a deep understanding of the U.S. Citizenship and Immigration Services (USCIS) and how it operates. They can help you prepare your application in a way that is consistent with USCIS requirements, increasing the chances of success. Moreover, an attorney can ensure that you are aware of any updates or changes to the USCIS process.
3. Tailored Legal Assistance: Every green card application is unique, and an experienced attorney can provide tailored legal assistance. They can help you identify your strengths and weaknesses, suggest strategies to improve your case, and address any issues that may arise during the application process.
4. Assistance with Supporting Evidence: A successful marriage-based green card application requires substantial evidence demonstrating the legitimacy of the marriage. An attorney can help you obtain the appropriate documentation and guide you through the process of preparing and presenting the evidence.
5. Representation at Interviews: The final step in the green card process is the interview with USCIS officials. An attorney can accompany you to the interview and ensure that you are prepared to answer any questions that may be asked. They can also address any concerns that the USCIS official may have about your application.
6. Appeals Process: If your green card application is denied, you have the right to appeal the decision. An experienced immigration attorney can guide you through the appeals process, increasing your chances of a successful outcome.
7. Peace of Mind: Hiring an immigration attorney can provide peace of mind during a stressful time. They can answer any questions you may have about the process and help alleviate any concerns you may have.

I offer a free consultation for your marriage-based immigration case, so do not hesitate to reach out to me.