 "From romance to red tape: Immigration interviews just got harder")
Marrying a US citizen or green card holder was once seen as a straightforward route to the American dream. But today, newlyweds can no longer expect to simply board a flight with hopeful hearts.
The days of waived interviews and swift approvals under the Biden administration are over, a consequence of tightened scrutiny initiated during the Trump era’s crackdown on alleged immigration fraud. Now, every case is thoroughly vetted.
There was always a waiting period, but now the first major hurdle is a more rigorous interview process. If the spouse resides in India, the US consular authorities will conduct the interview. If the spouse is already in the United States—say, on a non-immigrant H-1B work visa—they may apply for a green card after marriage (known as an adjustment of status). In that case, the interview will be handled by US Citizenship and Immigration Services (USCIS) officers.
Make sure all your documentation is in order and prepare for difficult questions.
“Officers will be looking deeper… leaning into their discretion more often than they did in the Biden years. They are already spending more time verifying marriages and we are seeing an increase in requests for evidence,” says immigration attorney Ashwin Sharma.
“Based on past history, it is likely that this pattern will become precedent and will soon be enshrined in a formal policy,” Sharma adds. In other words: your love story needs receipts—literally.
This is especially true during consular interviews, where the American spouse is not permitted to attend.
“Documents have to tell the full story: how the relationship began, genuine intent to live a married life together, how it’s been sustained, and why it is bona fide. That means clear evidence of communication, visits, shared plans, and/or family involvement,” Sharma explains.
Snehal Batra, Managing Attorney at NPZ Law Group, advises: “For consular processing cases, be prepared! You should have some documentary proof of your bona fide relationship. Examples include money transfer receipts and phone-call logs. If possible, consider purchasing a life insurance policy naming your spouse. Additionally, be prepared to answer questions about your marital relationship, including your spouse’s current employment, salary, education and any prior marriages.”
Impact Shorts
More ShortsMarried to a green card holder instead of a US citizen? Brace yourself—there is typically a three- to four-year wait, which can raise flags during the interview.
“The years spent apart raise obvious questions. How have you sustained a genuine marriage over such prolonged distance? The longer the wait, the more documentation you’ll need — pictures, financial records, continuous communication — to convincingly show that your marriage isn’t just alive but thriving despite the distance,” Sharma notes.
Consular officers, particularly at posts like Mumbai, wield significant power to issue 221(g) refusals—cases where a visa application is deemed not ready for approval—or to return petitions to USCIS for fraud investigations, which can remain unresolved for years.
“Under the current administration, we can expect this discretionary power to be used more liberally and aggressively. Absence may make the heart grow fonder, but for immigration officers, prolonged absence makes suspicion grow stronger,” Sharma quips.
Even if your spouse is already in the US and filing for adjustment of status, you will still be required to attend an interview. If the officer finds anything suspicious, you could be called in for a ‘Stokes interview’, where you and your spouse are interviewed separately and your answers must align.
These questions can get surprisingly personal: Which side of the bed do you sleep on? Who woke up first today? How many windows are there in your bathroom? Does your spouse have any dietary allergies? How many locks are on your front door?
While there hasn’t yet been a notable rise in Stokes interviews, immigration lawyers advise against going it alone—bring an attorney with you.
Essentially, treat the process like an exam—with your relationship as the subject.
Sharma points out that well-prepared, credible cases are holding up under scrutiny. However, even genuine couples can face difficulties if their paperwork is lacking.
“If a green card is denied due to an alleged marriage fraud, the spouse can be placed in removal proceedings (deportation),” warns Batra.
To summarise, love may be beautiful, but immigration interviews are anything but. Do your homework—and don’t forget to bring the receipts.
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