On August 1st, the United States Citizenship and Immigration Services (USCIS) issued new regulations tightening the approval process for marriage green cards. They emphasized that submitting family-based immigration applications based on marriage does not guarantee the beneficiary will automatically receive legal status. Individuals involved in the “marriage immigration” application process who do not meet the requirements may face deportation at any time. This policy took effect from the date of its announcement.
As of June this year, there are 2.4 million family immigration applications awaiting approval across the United States, with 1.9 million of them waiting for more than 6 months. Just in the first half of the year, there were 520,000 of such applications submitted. Longzhu Liu, a Chinese lawyer in Southern California, pointed out that among various immigration applications in the U.S., obtaining a “marriage green card” has one of the highest approval rates and offers one of the quickest paths to citizenship. This fact has led many individuals to seek loopholes.
Liu estimates that the approval rate for marriage green cards is over 90%, far exceeding political asylum applications (below 50%). Beneficiaries who submit the I-130 form for temporary status adjustment through marriage typically receive a temporary green card within 3 to 4 months. If the marriage lasts over two years and remains stable, they can directly apply for a permanent green card. Additionally, qualified holders of marriage green cards can apply for naturalization three years after obtaining the permanent green card, while other applicants have to wait five years.
Why have there been adjustments to family-based immigration policies, including those related to marriage green cards? According to Liu Longzhu’s analysis, the main reason is the overall tightening of U.S. immigration policy, leading individuals who feel hopeless about other immigration avenues to flock to the marriage green card route. Furthermore, the U.S. government has observed a rise in fraudulent marriages. Liu understands that the price of black market marriage green cards from mainland China has multiplied several times in recent years, with American citizens demanding over $150,000 for such arrangements.
Under the new policy, USCIS may now proceed to deportation without requesting additional evidence if existing evidence is deemed insufficient to prove a genuine marriage. The new regulations also emphasize that family immigration applications do not automatically confer legal status on the beneficiary, nor do they guarantee protection from deportation.
Secondly, the time frame for converting temporary status to permanent resident status through submitting the I-485 form has been extended. Previously taking around half a year, it now ranges from 8 to 14 months. Those attempting to gain status through fraudulent marriages will face higher risks.
Thirdly, intermediaries facilitating fraudulent marriages may now face criminal liability. In the past, there were generally no corresponding penalties for intermediaries involved in fake marriages, but now, arranging fraudulent marriages may be considered immigration fraud.
Liu Longzhu points out that the tightening of family immigration policies may inadvertently harm genuine marriage immigration applicants, subjecting them to greater pressure. He advises applicants to prepare their documentation carefully in the following ways.
Firstly, one direct way immigration authorities assess the authenticity of a marriage immigration application is by checking if the couple has children. If both parties do not wish to have children, this may work against their application.
Secondly, reviewing the financial status of both parties is crucial. For example, if the male partner is older, financially stronger, and is applying for the female partner’s status adjustment, it may appear more reasonable. Conversely, if the female partner is wealthier than the male, the reviewing officer may find the situation less plausible, increasing the risk of rejection.
He emphasizes that genuine marriages exhibit several characteristics: having children together, owning property, cars, or insurance jointly, having shared bank accounts where both parties deposit money. These factors demonstrate a “deep bond” between the partners.
“The deeper the bond, the more genuine your marriage is,” Liu Longzhu says. While emotions between partners are crucial, they must also be expressed through “hardware,” as immigration officials generally focus on tangible evidence.
Additionally, the couple’s daily life records are important references: call records from the initial months of marriage, emotional exchanges between the partners, serve as evidence of the marriage’s authenticity. If there are few conversations between the spouses in the first few months of marriage, it may be challenging to convince immigration officials of the marriage’s authenticity.