USCIS escalates war on marriage fraud in green card applications, updates its policy manual

The US Citizenship and Immigration Services ( USCIS ) has launched a sweeping policy offensive against marriage fraud , by issuing new guidance on August 1, that significantly tightens the screening and vetting of family-based immigrant visa petitions.

This critical update to the USCIS Policy Manual, titled ‘Family‑Based Immigrants,’ is designed to ensure that only genuine relationships, especially bona fide marriages, can lead to lawful permanent resident (green card) status in the US.

The agency’s forceful stance comes in response to a growing concern that ‘’fraudulent, frivolous, or otherwise non‑meritorious" applications are not only eroding public confidence in family-based immigration but also posing potential national security risks. USCIS has explicitly stated its commitment to "robust alien screening and vetting that protects Americans from potential national security threats" and to "detecting aliens with potentially harmful intent so they can be processed for removal from the US."

There have also been cases where Indians have been caught in marriage fraud. According to a recent release by the US Attorney’s Office, in May 2025, Indian national Aakash Prakash Makwana pleaded guilty to marriage fraud. He overstayed his J-1 visa (exchange visitor visa), paid for a fake marriage with a US citizen, fabricated rental and utility records to feign cohabitation, and later even falsely claimed domestic abuse to obtain a green card. On being convicted of marriage fraud an individual faces significant prison time, fines, and deportation.

TOI in its edition of April 14 had indicated that under the Trump administration the spouse or even the couple would be subject to in-person interviews and greater vetting, which is now updated in the policy manual.

To illustrate: If an American citizen now seeks to sponsor his Indian spouse, USCIS will now demand more comprehensive evidence of bonafide marriage – photographs, financial documents and even affidavits from friends and family in certain instances. The spouse or couple will have to gear up for rigorous interviews designed to assess their genuine knowledge of one another and the credibility of their shared life.

Any history of multiple applications filed by the US citizen for different spouses, or prior applications filed on behalf of the beneficiary, will be flagged for intense investigation.

If the sponsored spouse is in the US (say on H-1B visa) and seeks adjustment of status to green card, by virtue of the marriage, USCIS will meticulously review his/her immigration history. Violations of visa status or past fraudulent activity could lead to denial of adjustment and initiation of removal proceedings , even if the underlying application for change of status is approved.

Critically, the policy update emphasizes that the approval of a family-based immigrant visa application does not grant relief from removal. Even after an application is approved, USCIS explicitly states it may issue a Notice to Appear (NTA) for removal proceedings if the beneficiary (spouse) is found to be otherwise removable due to ineligibility or malintent.