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A genuine marriage can still look suspicious on paper. Couples who married quickly, met online, have a large age gap, or keep separate bank accounts out of habit often find themselves answering questions they never expected. In 2026, USCIS is asking those questions more often and pressing harder for answers. Knowing what happens next, and how to respond, can decide whether your green card moves forward or your case ends up in immigration court.
Why USCIS Is Looking Harder at Marriage Cases
On August 1, 2025, USCIS updated its Policy Manual on family-based petitions. The update spelled out when interviews are required and confirmed that an approved I-130 does not protect anyone from removal. If the beneficiary is otherwise removable, USCIS may issue a Notice to Appear.
Interview waivers were common for well-documented marriage cases just a few years ago. They are now rare. If you live in Missouri, expect both spouses to appear in person at the St. Louis or Kansas City field office, often for a longer and more detailed interview than couples faced in the past.
What Makes an Officer Doubt a Marriage
USCIS has to decide whether you married in good faith or mainly for an immigration benefit. Common red flags include:
- A marriage that happened shortly after a visa expired or a removal case began.
- Little shared financial life, such as no joint accounts, lease, or insurance.
- Spouses giving different answers about daily routines, living arrangements, or how they met.
- A petitioner who has sponsored a previous spouse, or a prior petition that was denied or withdrawn.
None of these proves fraud on its own, and real marriages don’t always fit the expected pattern. Each one, however, puts the burden on you to explain it with evidence.
The Steps USCIS Can Take
When an officer has doubts, the case usually follows one of these paths:
- Request for Evidence (RFE): USCIS asks for more documents and sets a deadline to provide them.
- Stokes interview: the spouses are questioned separately, and their answers are compared line by line.
- Notice of Intent to Deny (NOID): USCIS explains why it plans to deny the case and gives you a chance to respond.
- Denial: if the applicant is out of status, a denial can be followed by a Notice to Appear in immigration court.
Under the current guidance, USCIS can also deny a petition without sending an RFE or NOID first. You may not get a second chance to fill gaps in a weak filing.
Why a Fraud Finding Is So Serious
If USCIS concludes that a marriage was entered into to get around immigration law, Section 204(c) of the Immigration and Nationality Act permanently bars any future petition for that person. The bar applies even to a later marriage that is completely genuine. Marriage fraud is also a federal crime, punishable by up to five years in prison and a fine of up to $250,000.
That is why a response to an RFE, NOID, or Stokes interview should never be improvised. What you submit, and how you explain inconsistencies, becomes part of your permanent record.
Married Less Than Two Years? Approval Isn’t the End
If you had been married for less than two years when your green card was approved, you received a two-year conditional card. During the 90 days before it expires, you and your spouse must file Form I-751 together, with evidence that the marriage has continued. USCIS reviews the relationship again at that stage, and officers are applying the same heightened scrutiny. Removing conditions is also a key step toward the rights that come with citizenship, so it’s worth getting right.
Where This Leaves You
USCIS questioning your marriage does not mean your case is lost. Real marriages are approved every day, and the couples who get through added scrutiny are the ones who prepared for it. That means organized evidence, consistent answers, and a clear explanation for anything that looks unusual.
If you have received an RFE, NOID, or Stokes interview notice, or you’re preparing to file and want to avoid one, our family-based immigration team can review your case before USCIS does. Contact CoxEsq, PC to schedule a consultation.