Trump 2.0: Spouses of US citizens, green card holders to face tougher hurdles

The interview is held by officials of the US consulate if the spouse is in India. But if he/she is already in the US after marriage, then they can apply for a green card.

Earlier, or it can even be said that before Trump's administration, marrying a US citizen or someone who was a green card holder was seen as a direct ticket to the US.

But easy approvals and waived interviews will no longer take place under the Trump administration. Instead, each related case will now be dealt using vetting.

According to a report by Times of India, the first step is to deal with the interview which has got much more tougher.

The interview is held by officials of the US consulate if the spouse is in India. But, if he/she is already in US after marriage, then they can apply for a green card.

In this case, the interview is conducted by officials of the US Citizenship and Immigration Services.

It is advised to make sure that all the necessary required documents and paperwork are prepared and kept ready for the interviews.

According to TOI, Immigration attorney Ashwin Sharma said, "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."

He said, "Based on past-history, it is likely that this pattern will become precedent and will soon be enshrined in a formal policy. We’re seeing an increase in requests for evidence, and it’s likely this pattern will soon become official policy."

So from now on, it really means that a couple's love story and marriage would need paper work evidence.

Sharma said, "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."

According to the publication's report, Managing attorney at NPZ Law group Snehal Batra said, "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," Batra said.

If a person gets married to a green card holder instead of a US citizen, it is usually a 3-4 year wait which could lead to raising eyebrows during the interview.

According to TOI, Sharma added, "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 also said that consular officials issue 221(g) - where a person's visa application is refused and deemed ineligible for approval.

He said, "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."

The 'Stokes interview' also comes in the picture frame if a person's spouse is already in the US and applying for adjustment of status.

In this interview, the couple are questioned separately and if their answers don't match up, its bound that the officials might smell that something's off.

It is also advised that when appearing for a 'Stokes interview', always bring a lawyer along.

Sharma said, "Well-prepared, legitimate cases appear to be still holding up well under scrutiny. But it’s also true that even genuine couples with weak documentation are going to feel the pressure."

Batra also said, "If a green card is denied due to an alleged marriage fraud, the spouse can be placed in removal proceedings (deportation)."