What You Need to Know for 2026 Marriage-Based Green Card: What USCIS Isn’t Telling You

Over the past several months, we have seen signs that major changes are coming to the marriage-based green card process in 2026, including stricter standards for applicants, heightened enforcement, expanded evidence requirements, and increased detention of applicants flagged for further review at interviews.

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 applicants saw a rise in denials and even detentions at green card interviews.

Detentions at Green Card Interviews

There are reports that 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.

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

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. There have also been surprise visits at home by officers, even after the approval of the green card has been granted.

To prevent these issues,  it’s more important than ever to work closely with an immigration attorney to meticulously document everything and maintain a thorough and consistent paper trail to clearly demonstrate that your marriage is legitimate.

Green Card Processing Time Delays

Due to the increase reviews and processing described, it’s expected that green card processing times are expected to increase in 2026 due to USCIS backlogs and increased vetting. As such, 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.

Conclusion:

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.

Our experienced legal team, which is 100% focused on immigration matters is waiting for your call: (909) 845-1183.

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