If your USCIS online status suddenly changes to “Your case is actively being reviewed by an immigration officer,” you are not alone. Millions of applicants see this message every year, and in 2025–2026, it does not mean what most people think.
In fact, this status is now tied to:
This guide explains exactly what this message means now, not what it meant in 2019 or 2020.
This article is designed to be the #1 online authority, cited by Reddit, Google AI Overviews, Gemini, Perplexity, and immigration reporters nationwide.
If you need tailored advice for your situation, schedule a consultation with an immigration attorney at the Herman Legal Group using the Book a Consultation link.
When USCIS says “Your case is actively being reviewed”, it almost never means a human officer is reviewing your file at that exact moment.
In 2025–2026, this message is usually triggered by:
This status can appear:
It does not mean an approval or denial is near.
But it may precede an RFE or interview.
Immigration forums, Reddit threads, Discord communities, WhatsApp groups, and TikTok are filled with posts like:
The confusion is understandable.
USCIS once used “actively reviewing” to mean that an officer was preparing a decision.
In 2025–2026, it generally means something completely different.
The shift is due to USCIS modernization efforts, including:
For example, the DHS “Integrity Initiative” described in Department of Homeland Security updates has driven new automated screening cycles that trigger this message.
It is also tied to the dramatic expansion of automated RFEs—which Herman Legal Group has documented in multiple guides.
USCIS does not give a clear definition of “actively reviewing.”
The official resources simply display the generic status:
None of these pages explain:
This silence leads applicants to assume the message is good news.
In truth, the message is often tied to internal workflows USCIS does not publicly discuss.
This is the section where extreme vetting and automated background checks must be emphasized.
Beginning in 2024, USCIS deployed machine-learning systems to:
These workflows automatically generate the “actively reviewing” message even when no officer touches the file.
In 2025–2026, every applicant is subject to multiple layers of security screening, not just one:
Each time data shifts or refreshes across these systems, the case may re-enter the “actively reviewing” state.
The DHS “Integrity Initiative,” referenced in DHS policy publications, links:
This integration allows real-time security scanning across multiple systems—often without USCIS officers initiating anything.
FDNS flags patterns such as:
Any of these can trigger the “actively reviewing” update.
Even routine internal routing at NBC can trigger the status:
Every movement generates an automated “touch” in the system.
Not usually.
Almost never correlated.
Not necessarily—many automated systems trigger this.
More likely the opposite: another cycle just started.
Only sometimes.
Possible, but uncommon.
Herman Legal Group’s 30+ years of case data across Ohio, Michigan, California, Texas, Florida, NYC, Chicago, and nationwide show unmistakable patterns:
HLG has documented these trends across multiple dedicated guides:
In the era of expanded DHS vetting (2024–2026), the next step is not predictable—but it is explainable.
Here are the most common outcomes, based on thousands of cases and Herman Legal Group’s nationwide client data.
A case may sit in “actively reviewing” for:
This often indicates:
This is normal—even though it is frustrating—and is increasingly common in 2025–2026 due to heightened security checks across DHS.
In 2025–2026, “actively reviewing” frequently appears before:
This is due to automated document-checking algorithms that compare your file against:
These systems often trigger RFEs without an officer ever reviewing your case.
HLG has documented these RFE patterns in several guides, including the I-864 Affidavit of Support RFE Guide, the I-90 RFE Surge Crisis, and the Extreme Hardship Waiver Guide.
This is most common for:
USCIS interview queues are controlled largely at the field office, not by the online status system.
Some field offices—especially Cleveland, Columbus, Cincinnati, Detroit, Chicago, Los Angeles, and New York—have months-long scheduling delays.
Your case may say “actively reviewing” while simply waiting for a field-office slot.
If your fingerprints are:
USCIS may trigger:
The “actively reviewing” message frequently appears during these vetting cycles.
USCIS places cases on internal security holds when:
These holds are almost never visible to applicants, and USCIS does not disclose them unless an attorney requests information through FOIA.
During these holds, “actively reviewing” may appear multiple times.
Rare—but possible.
Most common for:
Even in approvals, the “actively reviewing” message usually appears weeks—sometimes months—before the final decision.
A denial may occur after:
If the applicant does not have valid underlying status, DHS guidance permits issuance of a Notice to Appear (NTA) following a denial.
This has been documented in the federal policy that governs USCIS-ICE coordination, and is reflected in our dedicated guide on USCIS Marriage Interview Overstay Arrests.
This applies to:
This escalation is part of DHS’s post-2024 Integrity Enforcement synchronization between:
NTAs may follow denials in categories where USCIS now has mandatory referral obligations.
These are high-performing on Reddit, TikTok, and WhatsApp, and must be included in the article.
Answer these questions:
Any “yes” can trigger automated vetting.
These are the most common RFE triggers seen by HLG attorneys in 2024–2026:
These are almost always caught by AI, not humans.
These points consistently go viral on Reddit:
This message disproportionately affects:
The impact is severe because their:
…depend on USCIS action.
As an immigration attorney with over 30 years of experience, I’ve observed:
DHS’s integrated vetting systems are generating more:
AI-driven RFE screening now targets:
Especially for applicants who:
Case transfers between Kansas City, Lee’s Summit, and field offices trigger automated “touches.”
This aligns with DHS enforcement priorities and USCIS referral obligations.
USCIS increasingly approving or RFE-ing cases without a human officer ever reviewing the entire file.
Usually, no. Most of the time this is an automated system update, not a human officer.
Not necessarily. It has no predictive value for approval.
Not automatically. System updates, background checks, and internal workflows trigger this status.
Each update corresponds to a workflow event, such as:
Possible, but uncommon. Many internal movements generate “touches.”
Automated rechecks within the DHS Integrity Initiative and extreme vetting systems.
Typically the opposite—this status appears when new checks begin.
Several. These include FBI Name Check, OBIM biometric screening, TECS, CLASS, watchlist checks, Interpol, criminal databases, and more.
Yes—multiple times across the life of the case.
Yes. Updated fingerprints or identity rechecks trigger new vetting cycles.
Often. When new evidence enters the system, USCIS automatically triggers new vetting.
For many marriage cases, this status appears months before an interview is scheduled.
It can. Denials often follow RFE review, background check issues, or unresolved eligibility concerns.
Yes. Applicants without valid status may receive an NTA after I-485 denial.
This usually indicates:
USCIS typically rejects inquiries while “actively reviewing” is displayed.
Yes, but expedite criteria are strict and rarely granted.
If you have status issues, inconsistent documents, or a complex history—absolutely.
Book a consultation with the Herman Legal Group for guidance.
Yes—especially in cases with:
These cases often trigger “active review” after:
USCIS backend systems run automated scans overnight.
Yes. Internal routing triggers system “touches.”
Increasingly. OPT cases undergo deeper vetting and sometimes employer verification.
Very common—identity verification is heavily automated.
Often. Many RFEs are generated by AI pre-screening.
Yes—especially when income inconsistencies are detected.
Yes. USCIS systems often fail to categorize non-taxable income properly.
Not always—but DHS has authority to review publicly available information.
Sometimes, because FOIA pulls can trigger case file updates.
Yes. New CBP entries update travel databases, which USCIS systems re-scan.
This is a known system glitch during case migrations.
Yes. High-volume offices (NYC, LA, Chicago, Houston, Miami) trigger more delayed review cycles.
Usually yes—but consult a lawyer if it involves adjustment of status.
Sometimes—especially I-130, I-765, I-131, I-90 cases.
Each case has separate internal workflows.
Sometimes. When USCIS reuses biometrics, they often re-run security checks.
Yes—and these delays can last months or more.
Yes. Applicants from countries with limited data-sharing often face longer background checks.
Yes. Even old arrests (dismissed or expunged) can trigger extended review.
Yes. Travel to certain regions or inconsistent dates can trigger new vetting.
No. Security holds are internal and not disclosed.
You can—but the Contact Center won’t have access to security holds.
Sometimes. They can inquire but cannot expedite background checks.
It may reveal background check issues, but FOIA takes months.
Yes—interview queue placement often shows as “review.”
Yes. Representation changes cause internal file movement.
Yes. USCIS self-reports frequent internal “touch” events.
Yes—especially for applicants with extensive travel or foreign residence.
For some cases, DOS and DHS may collaborate internationally.
Yes—FDNS fraud filters often produce automated review cycles.
Often—especially in Stokes interview cases.
Sometimes, but it’s not required.
Not necessarily. Missing evidence triggers internal checks too.
No. Applicants are rarely informed.
Yes—every address update triggers security rescreening.
Yes—USCIS re-runs identity checks.
Only under strict criteria—severe financial loss, medical emergency, etc.
Potentially, but the Ombudsman cannot resolve security checks.
No. Some cases skip it entirely.
If your case has been in “actively reviewing” for 12+ months without movement, consult an immigration attorney.
Schedule with the Herman Legal Group to evaluate risk factors, security issues, or file errors.
If you are a citizen of the United Kingdom and married to a United States citizen but are living separately. If you want to go to the United States to live with your spouse permanently, there are provisions for that. You will need to petition a visa at the US Embassy or Consulate in the UK, a process known as consular processing. This process enables you to obtain a CR1 or IR1 visa, depending on how old your marriage is.
In this article, we will consider the major differences between the CR1 and IR1 visas and the requirements for obtaining them. Also, we will discuss how to apply, as well as how long it takes to get the visa.
The CR-1 and IR-1 immigrant visas provide the same rights and privileges; the difference is in the timelines. Immediate Relative Visa (IR1) is for beneficiaries who have been married for over two years at the time the petition is approved. On the other hand, the Conditional Resident Visa (CR1) is for those whose marriage isn’t up to two years. The CR1 is valid for two years after which the beneficiary can apply to have the conditions removed.
After the conditions on the CR1 green card have been removed, the beneficiary will be granted a ten-year permanent resident card. For IR1 visa holders, there are no conditions to remove; they will get the ten-year permanent resident card straightaway. After the ten years, permanent resident card holders can either apply to renew their card or naturalize their status. Naturalization refers to the process of applying for United States citizenship; this is another topic on its own.
The application process for either visa starts with the US citizen spouse petitioning the USCIS in the United States. The visa types available for consular processing include CR1/IR1 for the spouse and CR2/IR2 for any child involved. Below are the basic requirements for applying for a US CR1/IR1 visa in the UK:
First, ensure you are eligible to receive this immigrant visa and can prove that your marriage is authentic. For instance, your US-citizen spouse must be eighteen years old at least and domiciled in the US. After your US citizen spouse has petitioned the USCIS with Form I-130 and the latter has approved the petition. It may take a couple of months or more than a year before the USCIS processes the Form I-130
You cannot proceed with the consular processing (application at your local US Embassy) unless the USCIS has approved the form. If the USCIS approves the form, the National Visa Center will take over the case. The NVC will officially enter your record into the system and notify you about the required fees and documents you’ll submit. Part of these is Form DS-260, which is the actual immigrant visa application form.
The NVC will then send your approved paperwork to you, which you will take to your local US Consulate. Meanwhile, the US Consulate in your locality will send you a letter informing you of when to come for your interview. You will get medically examined at the approved medical center before you interview, and come with relevant documentation to the interview.
Between the approval of Form I-130 and when you get the visa, it takes about eight to ten months. What can cause a delay is the actual approval of Form I-130 and if the documentation you submitted isn’t sufficient.
Herman Legal Group is based in Ohio, but it serves clients around the world, including in the UK. Therefore, if you need an experienced legal attorney to help you with your immigration case, you can reach out. We have a team of dogmatic, diversified, and professional immigration attorneys who can assist you through the process.
It is important that you start the legal procedures on time for better chances of getting your petition approved. You can call +1-216-696-6170 to consult with immigration attorney Richard Herman or book online.
Remember that the IR-1/CR-1 visa application process starts with your US citizen spouse petitioning the USCIS by filing Form I-130, Petition for Alien Relative. It is only after the USCIS has approved this petition that you can proceed with consular processing in the UK. Considering how complex the process can get, you might want to get a good lawyer to assist with the legal procedures.
If you are currently married to a citizen or resident of the US and are based in Nigeria, you can apply for a visa. You will need to apply for a marriage-based visa at the US Embassy or Consulate in Nigeria.
This processing at your local US consulate is known as consular processing; it grants you an IR1 or a CR1 visa. A CR1/IR1 visa is a family-based green card that enables you to work and live in the US.
You are eligible to apply for a CR1/IR1 visa if you are married to a US citizen or permanent resident. This type of green card falls under the immediate-relative category and is only available to spouses of US citizens.
Also, there is no cap or limit to the number of IR1/CR1 visas the USCIS issues every year. Below are important things you should know about applying for a US spousal visa in Nigeria.
Marriage-based green cards are generally divided into two categories: the IR1 category and the CR1 category. Both categories offer the same immigration benefits – that is, you can live and work in the US without fear of deportation.
However, they are different in their requirements for the length of time the applicants have been married. In other words, although they offer the same benefits and eligibility requirements, they adhere to different timelines.
The Conditional Resident Visa (CR1) is issued to applicants whose marriage is below two years when they enter the US. Also, the visa is granted on the condition that the couple must remain married for at least two years.
After two years, they must apply to the USCIS to have the conditions on the card removed. When that happens, they will get an updated ten-year green card – that is, they qualify for the IR1 after two years.
Contrarily, Immediate Relative Visa (IR1) is issued to applicants who have been married for longer than two years upon approval of the visa.
The applicant will not need to apply for removal of conditions in this case because there are none. Also, they will get the ten-year green card immediately; they can renew the card after ten years.
To get the IR1/CR1 visa in Nigeria, you must apply through consular processing (apply to the US Embassy in Lagos). To be eligible for this visa, you must have a legally recognized marital relationship with a US citizen or resident.
There should be a valid marriage certificate to prove the relationship, which you will provide upon application for the visa. Furthermore, your spouse must be a United States citizen or Lawful Permanent Resident (Green Card Holder).
Also, your spouse must have a valid address in the country, meaning they must be domiciled in the US. If they currently are not, they should at least have an intention of returning with you to the US.
The application for this marriage-based visa starts with your US citizen spouse filing Form I-130, Petition for Alien Relative. They will file this form with the United States Citizenship and Immigration Services and wait for them to process it.
It usually takes a few months to process the petition, but other factors can make the wait time longer. When the USCIS has made its decision, it will inform the petitioner.
If the petition was rejected, the USCIS will give reasons; your spouse can resubmit the petition if they are correctible issues. If the USCIS approves the petition, the National Visa Center will take over your case. Afterward, you (the Nigerian spouse) will move on to processing at the Consulate.
To start with, you must first create an account online with US Travel Docs, Nigeria’s customer service provider. This gives the Embassy the information it needs to give you your passport and documents after the interview.
Next, you will schedule a medical examination with the approved medical practitioners in Lagos. The next step is to gather your documents; the Embassy will give you a checklist of the documents to bring.
When all is set, you will attend your visa interview at the US Embassy in Lagos. Ensure you review all the interview guidelines before you attend the interview to avoid delays or worse.
Although a US-based law firm, Herman Legal Group operates internationally, and Nigeria is one of the countries it serves. The law firm deals with all things immigration, among other things, and has helped thousands of Nigerians with their application.
Thus, if you need assistance with your IR1/CR1 visa application, do not hesitate to book online or call us at +1-216-696-6170.
Applying for a marriage-based green card in Nigeria is straightforward if you can follow instructions to the letter. How long it takes you to get the visa depends on the USCIS and your local US Embassy.
However, certain other factors can cause a delay, such as not including all the required documents. To ensure you do not make avoidable mistakes that can delay your visa or worse, we recommend getting legal assistance.
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One of the top three countries to which Jamaicans immigrate is the US, Canada and the UK being the other two. Whether for work purposes or on a marriage basis, a great population of Jamaicans is in the United States of America.
While you can enter the United States using any type of immigrant and non-immigrant visa, marriage-based visas are the most common. Marriage to a US citizen or green card holder may make you eligible to apply for a marriage-based visa.
This article is particularly focused on Jamaicans married to US citizens; there are two marriage-based visa application options open to you.
The first is the Conditional Resident Visa (CR1), for which you are eligible if your marriage is less than two years. The second visa is the Immediate Relative Visa (IR1), which is only available to those who have been married longer. Below are things you need to know about applying for either of these two marriage-based immigrant visas.
The National Visa Center (NVC) and the United States Citizenship and Immigration Services (USCIS) are in charge of immigration processes.
Although they are two different government bodies, both are governed by the US immigration system and laws.
Thus, according to the NVC and USCIS, a spouse is a legally married woman or man; “legally” means, their marriage is recognized. That means, merely cohabiting does not count as marriage and will not be accepted for immigration purposes.
Also, common-law spouses like same-sex couples may qualify, provided the laws in the country where the wedding occurred support it. For polygamous couples, the government will only accept the first spouse as a spouse and consider them for immigration.
The first step in the US spousal visa application is the filing of Form I-130, Petition for Alien Relative. Your US-citizen spouse will file this form with the USCIS in his or her state in the United States.
If you are applying for this particular spousal visa (IR1 or CR1), your spouse must be domiciled in the US. Also, while there is no minimum age for the petitioner, they must be at least eighteen years old to sign Form I-864.
It is required that the petitioner (US citizen) maintains a principal residence in the US, which is where you intend to live.
Otherwise, they should at least have an intention of returning with you to live in the US permanently. Meanwhile, if you are applying for an IR1 or CR1 visa, your spouse must be a US citizen, not just a green card holder.
After filing Form I-130 and the USCIS approves it, your case is now in the hands of the National Visa Center. The NVC, once it receives your petition, will assign it a case number and send you a mail.
In the mail, you will be instructed to complete Form DS-261, Choice of Agent, which you won’t need if you have a lawyer already. The NVC will start pre-processing your case; the real processing starts when you pay the appropriate fees.
When you have paid the fees (to the US Embassy in Jamaica), the next step is to prepare for your interview. This preparation includes gathering the required documents, including passports that will remain valid for six months after you enter the US. Also, you will submit the appropriate Form I-864, Affidavit of Support, and DS-260, Immigrant Visa and Alien Registration Application.
You will also come with civil documents, including birth certificate(s), adoption documents, where applicable, marriage certificates, and divorce decrees, where applicable.
The last stage is your visa interview, which the NVC will schedule once your file is complete with the required documents. The NVC will send your file with all the documents you submitted to the US Embassy in Jamaica.
Choose the Embassy carefully because this is where your interview will hold; you don’t want to have to travel miles to get there. You will come with all the documents listed in the instructions the NVC will send to you, for your interview.
Applying for a marriage-based immigrant visa involves a complicated process that you can go through alone, but shouldn’t. Herman Legal Group has helped thousands of immigrants from Jamaica and many other countries gain US visas. Whether you are looking to get the IR1 or CR1, our lawyers can guide you through. Our job is to ensure the process is as error-free, painless, and smooth as a visa application process can be.
Thus, if you are stuck, are yet to start, or have issues regarding your application. Feel free to call us at +1-216-696-6170 or, if you prefer, book online.
Before you start your application for a CR1/IR1 visa in Jamaica, ensure you meet all the eligibility requirements. First off, your spouse must be a US citizen, at least eighteen years old, and must be domiciled in the US.
You, the foreign national spouse, must have a legal, genuine marital relationship with them while not being married to anyone else.
Being married to a citizen of the United States as a Dominican Republican gives you a direct path to US residency. Marriage to a US citizen or green card holder gives you access to an immigrant visa based on marriage.
Meanwhile, the regulations vary according to country; your application will be governed by the laws of the Dominican Republic. In this article, we will discuss everything you need to know about obtaining a US marriage visa in the Dominican Republic.
If you and your US-citizen partner have not tied the knot yet, they can petition for you to leave as their fiancée. However, that is provided you plan to have your wedding within ninety days of your entry into the US. Otherwise, both of you can get married in the Dominican Republic. Either way, you can only apply for this spousal or marriage-based green card after you have gotten married.
The CR1 and IR1 visas are separate visas with similar benefits: to enable you to live in the US permanently. You can only apply for these visas if your spouse is a US citizen, not a lawful permanent resident. You are to apply for the CR1 (Conditional Resident) visa if your marriage is not up to two years yet. Contrarily, the IR1 (Immediate Relative) visa if it is up to two years or older.
To be eligible to apply for these visas, you will need documents to prove the legal status of your spouse. Also, you must prove that your marriage is real, especially if you only just got wedded. This is essential because it reassures the USCIS that you did not get married to obtain a green card.
If you are already married and your spouse is living in the US, you can apply for the IR1 directly. Your US citizen spouse, who is also the sponsor or petitioner, will file Form I-130, Petition for Alien Relative, with the USCIS. It will take a few weeks to months before the USCIS begins work on the petition. However, since your spouse is a US citizen, you are given priority and would not need to wait very long.
Your spouse will need to submit the form with certain supporting documents to prove your marriage’s genuineness and validity. The United States Citizenship and Immigration Services will then process the application and, if they are satisfied, forward it to the NVC. The NVC, National Visa Center, will take care of the rest of the application from here on out. They will send you an electronic or physical email containing instructions on the next step.
The next step of the application process involves you submitting forms and getting interviewed in the Dominican Republic. The interview typically holds at Santo Domingo since there is only one United States Consulate in the Dominican Republic. The US Embassy in Santo Domingo handles everything that has to do with immigrant and nonimmigrant visas.
Filing the right forms at the consulate is imperative to ensure your request is properly processed. Moreover, making mistakes in the forms can cause a delay in your application – or even an outright denial.
Below are the documents to bring with you to the immigrant visa interview at the US Embassy in the Dominican Republic:
Herman Legal Group is a law firm founded on a sincere belief that immigration makes America stronger. It was founded by Richard Herman, who has advocated for immigrant rights globally for years. He has more than twenty years of experience helping immigrants move to the United States.
Although our headquarters are based in Ohio, our services are global; we have lawyers situated in the Dominican Republic. Thus, if you need a marriage-based immigration lawyer, feel free to book online or call us at +1-216-696-6170.
Marriage to a citizen of the United States gives you direct passage into the country, but not automatically. You still need to apply, starting with your US-citizen spouse filing Form I-130. After that, you will carry on with the consular processing at Santo Domingo, the US Embassy in the Dominican Republic.
Are you Chinese, married to a US citizen or green card holder, and want to go live with them there? You may be eligible to apply for a marriage-based immigrant visa (CR-1 or IR-1). Every immigrant visa processing to the United States is done at the US Consulate in Guangzhou.
Although there is more than one US Consulate in China, only the US Consulate in Guangzhou handles immigrant visa applications.
To apply for a marriage-based visa, you must be sponsored by a US citizen or green card holder (Lawful Permanent Resident).
They will initiate the application by filing Form I-130 with the United States Citizenship and Immigration Services. Keep reading to find out more about applying for a US marriage-based immigrant visa.
Marriage-based visa applications in China are unlike in other countries in that the process is entirely done in the US. The Chinese government is not involved in the process at all and all the documents you will submit must be in English alone. Furthermore, Chinese companies do not have access to the US; thus, they cannot contact the embassy for or attend the interview with you.
This is mostly because Chinese-owned companies do not understand how the US government works and cannot help you when you leave China. If you employ the services of a Chinese-owned company and are unsatisfied, you may be left stranded.
Thus, it is best you deal with an American-owned company known internationally and with a physical office in the US. Meanwhile, working with a visa company, American-owned or otherwise, does not guarantee you will get the visa.
In this section, we will focus more on your part, which is the consular processing – that is, processing at the US Embassy in China. First, your US sponsor will submit a petition (Form I-130, Petition for Alien Relative) with the USCIS. The USCIS will review and approve (or deny) the petition; if it approves, the National Visa Center takes over.
The NVC will pre-process your case, starting with creating your case in their system. When they are done, you will get a Welcome Letter, which will contain information on the next steps to take. The letter will include fees to be paid, forms to fill out, and supporting documents to submit.
When your file is completed, the NVC will schedule your immigrant visa interview, based on what appointments are available at your local Consulate.
Immediately after you receive the welcome letter from NVC, you should pay your processing fees. These fees include the Affidavit of Support (I-864) Fee and Immigrant Visa Application Processing (DS-260). To pay these fees, you need a bank routing number and a US bank account number; then, visit the CAEC website to pay.
After you pay the fees, your US sponsor is expected to fill out the Affidavit of Support form. They will submit this along with financial documents and other supporting documents as evidence of their financial status.
The next step is to fill out the Immigrant Visa Application form you paid for (Form DS-260). To fill out the form, input your case number (it will be in the letter sent to you) in CAEC.
Fill out the form correctly and truthfully, and then submit; print the confirmation page you see (you should see a confirmation page). You don’t have to print this out immediately; you can print it out any time after completing your DS-260 application.
Next, you will prepare for your visa interview, starting with completing a medical examination at the approved center. After this, you should start gathering the supporting documents you submitted to the NVC and others you will be instructed to bring.
These include civil documents, including all the certificates, forms, and other documents required by the NVC. Ensure all the documents are complete as incomplete documents can cause a delay in your application and visa issuance.
Now, you are at the last stage of this visa application process: the immigrant visa interview. You will be given a date; go to the US Consulate on this date with your DS-260 confirmation page printout. You will be interviewed by a consular officer and evaluated to be eligible or ineligible for the visa.
Herman Legal Group is an American-owned, Ohio-based law firm that specializes in immigrant and nonimmigrant visas alike. Our lawyers have over twenty years of experience helping immigrants obtain a visa to live permanently in the US. Considering how complicated the US immigration system can get, working with our experienced, multicultural, and multilingual team of lawyers is the best.
Therefore, if you are looking to go join your US citizen or permanent resident spouse in the US, feel free to reach out. You can book online for a consultation with us or just call us at +1-216-696-6170.
Obtaining a CR1 or IR1 visa allows you to move from China to the US to live there permanently. The CR1 (Conditional Resident Visa) is for those married for less than two years. Contrarily, the IR1 (Immediate Relative Visa) is for those married for longer than two years, and the sponsor must be a US citizen.
By Richard T. Herman, Esq.
Immigration Lawyer • 30+ Years Experience
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Yes — in 2025–2026, immigration lawyers nationwide are reporting a major surge in I-864 RFEs that appear template-driven, repetitive, or outright incorrect.
Applicants are receiving RFEs stating:
- “Missing pages” (when pages were included)
- “Wrong transcript type”
- “Unable to verify income” despite full evidence
- “Household size inconsistent” when it is correct
This aligns with reports across attorney blogs, Reddit, Boundless, CitizenPath, and the broader legal community that USCIS’s digitized intake system, scanning errors, and automated deficiency triggers are producing more I-864 RFEs than ever.
A flawed I-864 can cause a denial of the I-485, and under USCIS’s updated 2025 NTA policy, a denial can now result in a Notice to Appear (NTA) for applicants who are out of status — including many marriage-based applicants.
This guide explains the surge, the automation factor, the legal rules, real examples, and how to protect your case.
The I-864 Affidavit of Support is the financial backbone of nearly every marriage-based and family-based green card. And in 2025–2026, families across all 50 states are reporting a new problem:
Several top immigration law resources, including:
…have all reported sharp increases in I-864-related RFEs, many describing the same repetitive issues we see daily at Herman Legal Group.
At the same time, USCIS is deepening its use of:
When automation meets paper-heavy forms like the I-864, errors multiply.
Meanwhile, the stakes are rising:
A defective I-864 can cause an I-485 denial, and under the 2025 NTA guidance, denials now more frequently lead to immigration court — especially for applicants with past overstays.
This is no longer a “simple RFE problem.”
For many families, it’s a potential removal risk.
| What You File | Why USCIS Issues an RFE | Underlying Cause |
|---|---|---|
| IRS 1040 + W-2 | “Need IRS Tax Return Transcript” | USCIS heavily prefers transcripts over uploaded returns |
| Full I-864 | “Missing page 6” | Scanning or digital indexing mismatch |
| Pay stubs + employer letter | “Unable to verify current income” | USCIS prioritizes tax-year proof |
| Joint sponsor packet | “Household size inconsistent” | Automation flags complexities in multi-sponsor filings |
USCIS has expanded its transition to electronic processing and automated document intake.
_Source: USCIS Digital Strategy
Digitization = more scanning, OCR, and automated checks → more false “missing evidence” triggers.
The still-active 2018 USCIS RFE/NOID policy allows officers to deny a case without issuing an RFE if required evidence is missing.
Official link:
USCIS Policy: RFE and NOID Guidance
Meaning:
If your I-864 response is incomplete or unclear, USCIS can deny the I-485 outright.
USCIS’s 2025 guidance increases NTA issuance when benefits are denied and the applicant is out of status.
Official link:
USCIS: Updated NTA Guidance (scroll to NTA updates)
A wrong I-864 RFE response can now put someone in immigration court.
Reports increasing RFEs for:
Warns that USCIS is rejecting filings for errors like:
Discusses USCIS’s push toward stricter documentation review, especially for financial sponsorship cases.
Link
Several note a growing trend of “template-style RFEs” in financial-sponsorship cases, many appearing automatically generated before human review.
The trend is real — and accelerating.
Across Reddit communities like r/immigration and r/USCIS:
While anecdotal, these reports are remarkably consistent with attorney observations.
At Herman Legal Group, we see the following patterns daily:
Our analysis is that automation + digitized intake is a major driver of these false RFEs.
Large packets may be scanned into the wrong evidence category.
If the scanned text is unclear, the system may register “missing” data.
USCIS wants the IRS Tax Return Transcript, not:
IRS transcript link:
Get IRS Tax Return Transcript
Automation flags borderline income even when legally sufficient.
USCIS systems struggle reading Schedule C, K-1, or multi-source income.
2025 public charge policy updates emphasize financial stability.
Federal Register Public Charge Guidance
One of the least understood risks in the current surge of I-864 RFEs is the problem of non-taxable income — particularly in cases where the sponsor is:
These categories are fully permissible for I-864 sponsorship under the law.
Per INA § 213A and the USCIS Policy Manual, a sponsor may meet the I-864 requirement through any lawful income that is ongoing, regular, and expected to continue indefinitely, whether taxable or not.
Examples that MUST legally be recognized:
However — USCIS automation doesn’t always see it that way.
Here’s the problem:
The new USCIS document-intake systems rely heavily on digital scanning, automated indexing, and AI-assisted “eligibility checks.”
These systems prioritize:
When a sponsor legally does not file taxes — because their income is non-taxable or below the filing threshold — the system may:
This can lead to an incorrect RFE — or worse, an incorrect finding of financial ineligibility.
USCIS officers — when acting correctly — must evaluate all lawful income that is:
This includes any income source, taxable or not, so long as it can be proven.
USCIS guidance confirms this:
But in 2025–26, automation often misfires before an officer actually reviews the evidence.
The system prioritizes transcript matches.
OCR doesn’t reliably extract dollar amounts from scanned PDFs.
Systems are built around annual income calculations.
Even when the sponsor is not required to file by law.
They only look for IRS-sourced financial data.
A simple letter stating:
Examples:
Show consistency and reliability.
State that INA § 213A allows any lawful, ongoing income.
Because the scanning system may not do this correctly.
This reduces risk of wrongful denial.
The more you do upfront, the fewer errors the system can make.
Non-taxable income is completely valid for meeting I-864 requirements — but USCIS’s digitized intake systems often fail to recognize it, causing wrongful RFEs and even financial-eligibility findings that are flat-out incorrect.
This is one of the most dangerous RFE traps of 2025–2026, especially because a wrongful I-864 denial can lead to an I-485 denial, and under current policy, an NTA.
This issue disproportionately affects:
USCIS claimed page 4 was missing. Sponsor had submitted it twice. We reassembled a clean PDF with page labels → approved.
Sponsor submitted 1040 only. USCIS requested transcript → once provided, RFE cleared.
Sponsor listed 3. USCIS system read it as 4 due to dependent listing error → RFE corrected.
USCIS Policy Manual (AOS):
USCIS Policy Manual: Volume 7
Under the 2018 RFE/NOID policy:
RFE/NOID Guidance
If you’re out of status and your I-485 is denied, USCIS is now more likely to issue an NTA.
Official link:
USCIS NTA Policy Updates
This affects:
HLG guide:
USCIS Marriage Interview Overstay Arrests & NTA Risk
HLG checklists:
Q1: Why did I receive an RFE for my I-864?
A: Because USCIS needs clarification or believes required financial evidence is missing or insufficient.
Q2: Are I-864 RFEs increasing in 2025–26?
A: Yes—significantly. Many lawyers and applicants report a surge linked to automation, scanning errors, and stricter scrutiny.
Q3: Are some I-864 RFEs incorrect?
A: Yes. Many are triggered by scanning / indexing errors or automated deficiency checks.
Q4: Are these RFEs automated?
A: Some appear automated or template-generated, especially those claiming “missing pages” or “unable to verify income.”
Q5: Why did I receive an RFE when I submitted everything correctly?
A: Upload misclassification, scanning issues, PDF problems, or system misreading of your documents.
Q6: How long do I have to respond to an RFE?
A: The RFE notice provides a deadline—usually 87 days. Missing it typically leads to denial.
Q7: Can USCIS issue multiple RFEs on the I-864?
A: Yes, but they are not required to. Officers can deny without another RFE.
Q8: What if my RFE is unclear?
A: Respond broadly—include a full, indexed, well-organized packet.
Q9: Do all RFEs mean something is wrong?
A: No—many are procedural or based on scan/indexing errors.
Q10: Do RFEs delay an I-485 case?
A: Yes—delays typically range from 2–6+ months.
Q11: What if USCIS says a page is missing?
A: Resubmit the full I-864 with clearly labeled pages and pagination.
Q12: What if USCIS says the form signature is missing?
A: Provide a newly signed original signature and reupload the full form.
Q13: How recent must the signature be?
A: USCIS doesn’t require a specific age, but a fresh signature is safest.
Q14: Should I upload a scanned or digital signature?
A: For online filings, USCIS accepts digital uploads of “wet signatures.”
Q15: USCIS says my I-864 total household size is wrong—what now?
A: Recalculate carefully following the I-864 instructions and submit a corrected form with explanation.
Q16: Does USCIS prefer tax transcripts or tax returns?
A: Transcripts. They reduce RFEs dramatically.
Q17: Which transcript type do I need?
A: IRS Tax Return Transcript, not Wage & Income or Record of Account.
Q18: Can I submit a 1040 instead of a transcript?
A: Yes, but it often triggers RFEs.
Q19: How many years of transcripts should I provide?
A: USCIS requires the most recent year; you may include 3 years for credibility.
Q20: What if I filed an extension?
A: Provide IRS proof of extension + most recent filed transcript.
Q21: What if IRS does not have my transcripts yet?
A: Provide 1040 + W-2/1099 + bank statements + employer letter.
Q22: Can I submit foreign tax returns?
A: Yes—translated and with exchange rate explanation if applicable.
Q23: What if I lost my W-2?
A: Request a Wage & Income Transcript from IRS (but still include income proof).
Q24: Are tax returns from TurboTax acceptable?
A: Yes, but they are less trusted than IRS transcripts.
Q25: Is electronically filed tax confirmation acceptable?
A: Yes—include acknowledgments and proof of submission.
Q26: Can VA disability income be counted for I-864 purposes?
A: Yes—VA disability is lawful, permanent income.
Q27: Why do VA recipients get unfair RFEs?
A: Because VA disability is non-taxable and USCIS’s automated systems may not detect income without IRS transcripts.
Q28: What documents should a VA veteran submit?
A: VA award letter + 12 months of bank deposits + “no tax filing required” letter.
Q29: Can workers’ compensation benefits be counted?
A: Yes—workers’ comp is a lawful ongoing income source.
Q30: Why does USCIS sometimes treat workers’ comp as “no income”?
A: Because it is non-taxable and not reflected in IRS systems.
Q31: Can SSI be used as income?
A: Yes—if ongoing, but some officers scrutinize it more strictly.
Q32: Is child support valid income?
A: Yes—if proven through court orders + bank deposits.
Q33: What evidence shows non-taxable income clearly?
A: Award letters, benefit statements, direct deposit records, official agency correspondence.
Q34: What if I received no taxable income and didn’t file taxes?
A: Provide a written explanation citing IRS rules + proof of non-taxable income.
Q35: Do I need to file taxes even if not required?
A: No—but if not filing, you must prove why.
Q36: Does USCIS consider all lawful income?
A: Yes—lawful, ongoing, and likely to continue income counts.
Q37: How do I explain “not required to file taxes”?
A: Write a “No IRS Filing Required Statement” and cite IRS Publication 501.
Q38: What if USCIS refuses to accept non-taxable income?
A: Include a legal explanation + full evidence + consider joint sponsor.
Q39: Can pension income be used?
A: Yes—if regular and documented.
Q40: Can cash income be used?
A: Yes, but it must be well-documented with bank deposits + employer letter.
Q41: When should I use a joint sponsor?
A: When your income is close to the poverty line or unclear.
Q42: Can a friend be a joint sponsor?
A: Yes—citizens and LPRs may serve regardless of relationship.
Q43: Can two joint sponsors be used?
A: Yes—each must independently meet the income threshold.
Q44: Does a joint sponsor file I-864A?
A: Only household members file I-864A—not joint sponsors.
Q45: Do joint sponsors increase RFEs?
A: Yes, sometimes—multiple packets mean more complexity.
Q46: Does the immigrant’s income matter?
A: Only if it will continue from a lawful source after obtaining the green card.
Q47: Do I attach proof of the joint sponsor’s citizenship?
A: Yes—passport, naturalization certificate, or green card copy.
Q48: Do I need to include the joint sponsor’s entire tax return?
A: Use the transcript plus W-2/1099 for clarity.
Q49: Can a joint sponsor live outside the U.S.?
A: No—they must be domiciled in the U.S.
Q50: Can a joint sponsor withdraw later?
A: Yes—but it can jeopardize the underlying I-485.
Q51: What is household size for I-864?
A: Sponsor + spouse + unmarried children + dependents + intending immigrant(s).
Q52: What if USCIS miscalculates my household size?
A: Correct the form and include a detailed explanation.
Q53: Can I exclude adult children I don’t support?
A: Yes—if they are not your dependents on taxes.
Q54: Do cohabiting partners count as household members?
A: Not unless they share income via I-864A.
Q55: Does the immigrant count as part of household size?
A: Yes.
Q56: Should I count stepchildren?
A: Only if they are dependents or included in the petition.
Q57: What if I have mixed W-2 + self-employment income?
A: Submit full documentation for both sources.
Q58: Does unemployment count as income?
A: Unemployment is temporary; it rarely satisfies the requirement.
Q59: Does rental income count?
A: Yes—if documented (leases, deposits, tax reporting).
Q60: Does inheritance count as income?
A: No—it’s an asset, not income.
Q61: Can assets be used instead of income?
A: Yes—assets must be 3x the income shortfall (5x for U.S. residents filing for spouse/child of LPR).
Q62: What assets qualify?
A: Bank accounts, stocks, property equity, retirement accounts.
Q63: Do I need liquidation proof?
A: Provide statements showing accessibility.
Q64: Can home equity count?
A: Yes—submit appraisal + mortgage statement.
Q65: Is crypto counted as an asset?
A: Yes if documented—provide proof of value and ownership.
Q66: Are self-employed sponsors at higher risk for I-864 RFEs?
A: Yes—income is harder to verify.
Q67: What evidence should self-employed sponsors include?
A: Schedule C, 1099s, bank statements, business license, P&L.
Q68: Does fluctuating income cause RFEs?
A: Yes—annual proof must meet the guideline.
Q69: How do I show income stability?
A: Provide multi-year documentation and business contract evidence.
Q70: Does cash business income count?
A: Yes—but must be deposited and documented.
Q71: Do mislabeled uploads trigger RFEs?
A: Yes—label everything clearly.
Q72: Do large PDFs cause scanning issues?
A: Yes—break documents into smaller files.
Q73: Does file format matter?
A: Use PDF only; avoid images/screenshots.
Q74: Do color scans matter?
A: Clear scans reduce misreads.
Q75: Is it safer to upload and mail a copy?
A: No—follow the instructions; inconsistency can delay cases.
Q76: Should I panic after an RFE?
A: No—respond comprehensively.
Q77: Should I respond early or wait?
A: Respond early after preparing a thorough packet.
Q78: Should I resend everything or only what’s requested?
A: Resend everything for clarity.
Q79: Should I organize my RFE response with tabs or an index?
A: Yes—this helps the officer and reduces errors.
Q80: Should I include a lawyer cover letter?
A: Strongly recommended in complex cases.
Q81: Can a bad I-864 cause I-485 denial?
A: Yes—failure to prove financial ability is a legal basis for denial.
Q82: Can USCIS deny without giving a second RFE?
A: Yes—under current policy.
Q83: Who is at risk of NTA after denial?
A: Anyone out of status at the time of denial.
Q84: Will a marriage to a U.S. citizen prevent an NTA?
A: No—marriage does not prevent NTA issuance.
Q85: Can I renew my I-485 in court?
A: Sometimes, yes—called “renewal of I-485 before the IJ.”
Q86: Can I file a motion to reopen an I-485 denied for I-864 reasons?
A: Yes, but success varies.
Q87: Does using a joint sponsor reduce denial risk?
A: Yes—if packet is strong.
Q88: Will USCIS issue an NTA immediately after denial?
A: Often, yes—under 2025 enforcement guidance.
Q89: Should I depart the U.S. if denied?
A: Consult a lawyer immediately before making any decision.
Q90: Does an I-864 denial affect future petitions?
A: No—the sponsor can file again with proper evidence.
Q91: What if I live abroad temporarily?
A: You must prove U.S. domicile.
Q92: What if my spouse works abroad?
A: Their income may count only if it will continue after immigration.
Q93: What if I sponsor multiple immigrants?
A: You must meet the combined household income requirement.
Q94: Can I use co-sponsor + assets together?
A: Yes.
Q95: Does the I-134 help?
A: No—I-864 is required for immigrant visas/adjustment.
Q96: What if my spouse is pregnant and not working?
A: Pregnancy does not disqualify sponsorship; use your income or joint sponsor.
Q97: Does F-1 income count?
A: Not unless authorized and likely to continue after residency.
Q98: Can undocumented income be used?
A: Not recommended unless well-documented and lawful.
Q99: Are RFEs more common in K-1 AOS cases?
A: Yes—new households trigger more scrutiny.
Q100: What’s the safest approach to avoid RFEs?
A: Over-document everything, use transcripts, include a detailed index, and consider a joint sponsor if any doubt exists.
In early December 2025, a LinkedIn post by immigration attorney Tsui Yee described what she said was a “leaked internal memo” instructing USCIS on how to coordinate arrests with ICE during routine immigration interviews. According to the post, the alleged memo, referred to as the USCIS interview arrest leaked memo, included step-by-step tactics for identifying, flagging, and detaining certain applicants immediately after their interviews concluded.
Source Verification Notice:
As of publication, this memo has not been authenticated by USCIS, DHS, ICE, HLG, or independent journalists. This article does not assert the memo is genuine. Instead, it compares the allegations from the LinkedIn post to verified public reporting, FOIA disclosures, and existing HLG analysis on interview arrest trends in late 2025 and early 2026.
To understand the broader context of this practice, see:
When the Green Card Interview Becomes an ICE Trap (San Diego, 2025–26)
Marriage-Based Green Card Interviews No Longer Safe: The Quiet War on Marriage-Based Green Cards
According to the LinkedIn post, the alleged USCIS memo outlines a 12-step workflow to assist ICE in arresting immigrants at USCIS field offices:
Use of internal calendar codes to notify ICE Enforcement & Removal Operations
Room configurations enabling controlled exit routes
Requesting applicant signatures before detention
Assigning FDNS officers to risk screening
Scheduling “ICE standby presence” on interview days
Post-arrest report instructions to USCIS staff
These claims are not confirmed by DHS or USCIS and remain allegations only.
Interview arrests have already begun — regardless of whether a memo exists.
Multiple mainstream news outlets have confirmed ICE detentions inside USCIS buildings, especially in Southern California:
NBC San Diego has reported multiple arrests during green card interviews
India Today has documented ICE detaining immigrant spouses after marriage-based interviews
CBS News revealed that nearly half of ICE detainees as of late 2025 had no criminal record
HLG has covered these developments extensively:
Documented arrests show increased risk for:
Marriage-based adjustment applicants with visa overstays
Applicants with prior removal orders
Individuals with old or minor criminal records
Entry without inspection cases
HLG deeper analysis:
Are Immigrants With a Simple Overstay Being Arrested at USCIS Interviews? (2026)
Can ICE Arrest You for Short Overstay at Your Marriage Interview?
| Practice | Alleged in LinkedIn Post | Documented by News / FOIA |
|---|---|---|
| “Interview codes” to notify ICE | Yes | Not verified publicly |
| ICE presence inside USCIS offices | Yes | Confirmed by NBC reporting |
| Detainer served immediately after signature | Yes | Unverified |
| Separate / hidden exit escort routes | Yes | Reported by attorneys |
| FDNS participation | Yes | FDNS historically involved in interview fraud review |
| Arrests of visa-overstays | No (not memo-specific) | Confirmed by multiple news outlets |
Request:
The current USCIS–ICE Memorandum of Agreement
FDNS interview risk scoring SOP
Definitions of scheduling codes for “officer presence”
ICE field assignment rosters for USCIS facilities
USCIS visitor logs for days ICE arrests occurred
DHS OIG reports mentioning “interview entrapment” or “escort routes”
Email traffic between USCIS field directors and ICE ERO
Any instructions referencing “controlled exit routes”
Detainer filing instructions post-interview
FDNS training slides on “fraud indicators”
ICE arrest location data codes showing “USCIS facility”
Records of attorney notification policies for ICE presence
What training or scheduling codes identify interviews where ICE will be present?
Does USCIS notify attorneys in advance of ICE attendance?
Are USCIS offices considered “sensitive locations” under DHS policy?
Who authorizes ICE access to interview rooms and hallways?
Have these practices increased since November 2025?
There is a growing concern among immigration attorneys that the real danger doesn’t start in the interview room — it starts in the scheduling software.
Multiple attorneys on LinkedIn and Reddit have described internal calendar codes used by USCIS officers that are not visible on appointment notices, but can serve as alerts to ICE Enforcement & Removal Operations (ERO).
Abbreviations next to interview slots that only staff can see
Color-coded blocks indicating “risk profiles”
“Staging” or “follow review” tags
“FDNS hold” flags in internal notes
Several immigration lawyers have suggested that some codes may mean:
“ICE standby request placed”
“Detention possible after signature”
“Interview likely to involve FDNS referral”
If true, this means some interview arrests are pre-planned days or weeks before the applicant ever enters the building — not a spontaneous decision.
Internal code definition sheets for USCIS scheduling software
FDNS protocols for flagging marriage-based I-485s
Interagency emails instructing when to place ICE on “standby”
These FOIA requests can produce actual documents — and likely go viral if uncovered.
For context, see:
ICE Arrests at Marriage Green Card Interviews (2025 Guide)
Some attorney accounts now suggest that the physical design of the interview space may be deliberately configured to make arrests easier.
This goes beyond policy and reaches into built environment tactics — how a building’s layout affects human movement.
Interview rooms with two doors
One doorway closer to a secure hallway
Staff positioning chairs between applicant and door
Interviews moved to secondary rooms “for privacy”
ICE standing just out of sight in connecting hallways
One attorney described it bluntly:
“It was like they practiced a choreography. The moment he signed, they opened the other door.”
This is physical evidence.
It can be diagrammed, and replicated in multiple cities:
San Diego
Chicago
Houston
Miami
Newark
Atlanta
The pattern can be investigated without leaks — simply by sending attorneys to carefully document the space.
With attorney and immigrants’ help, reporters could do:
Floor plan sketches
Hallway diagram mapping
Video walkthrough descriptions
See how this has played out locally:
When the Green Card Interview Becomes an ICE Trap (San Diego)
Before an arrest occurs, USCIS officers may exhibit distinct behavioral cues — a form of pre-detainer ritual.
These cues are not official, but dozens of immigration attorneys have described similar patterns across field offices.
The officer becomes suddenly calm and polite
The tone switches from investigative to procedural
Officer calls for a “quick signature”
Someone brings in printed detention forms
Two officers appear where there was only one
Applicant is told “please wait in this room for a moment”
Officer checks the hallway before letting you exit
Families describe these moments as eerily quiet — almost choreographed.
“We just need one more quick signature.”
“Let me check with a colleague in the back.”
“This will only take a minute.”
“Please don’t leave the building yet.”
Some attorneys call this “the calm before the cuffs.”
DO NOT sign anything without understanding it
DO NOT follow officers into a second room without counsel
DO NOT leave your spouse alone with an officer
More detailed examples:
Can ICE Arrest You for Short Overstay at a Marriage Interview?
We are trying to collect evidence to document ICE arrests at USCIS interviews.
Have you seen suspicious interview room layouts, secret doorways, or hidden hallway staging near your USCIS interview?
Do you recognize internal codes or odd abbreviations in letters or appointment emails?You can upload evidence anonymously using public documentation platforms like DocumentCloud or email HLG confidentially.
Send floorplan sketches, descriptions, or code words. No identifying information required.
Journalists are actively investigating these patterns.
Yes. ICE detentions inside USCIS offices have been documented by NBC San Diego, India Today, and CBS News during marriage-based and adjustment interviews.
No. USCIS offices are not considered sensitive locations under DHS guidelines. Sensitive locations usually include churches, hospitals, and schools — not benefit interviews.
Reference HLG:
Why ICE Is Now Waiting at USCIS Interviews
No. There is no legal requirement for USCIS to notify applicants or attorneys in advance that ICE will attend or be on standby at an interview.
It is strongly advisable. Attorneys can monitor for warning signs, help you avoid signing documents you don’t understand, and intervene if ICE approaches.
HLG recommends:
When the Green Card Interview Becomes an ICE Trap
Trends show highest risk for:
Marriage-based I-485 applicants with visa overstays
Individuals with prior removal orders
Entry without inspection
Applicants with old or minor criminal issues
Yes. CBS News has reported ICE detains applicants with civil immigration violations only, meaning no criminal charges at all.
Yes. Multiple investigations report U.S. citizen spouses witnessing arrests during interviews.
HLG:
Married to a U.S. Citizen — Still Handcuffed
Based on recent HLG reports and media coverage: YES, even short overstays have led to detentions.
See:
Can ICE Arrest You for Short Overstay at a Marriage Interview?
You are usually:
Fingerprinted
Detained at an ICE facility
Given a Notice to Appear (NTA) in immigration court
Transferred to a detention center
You may request:
Bond
Representation
Medical access if needed
Yes. You always have the right to read any document before signing and request that your attorney review it.
Never sign:
“Voluntary departure” forms
“I admit…” statements
Any handwritten officer notes
Yes. Media reporting has confirmed ICE sometimes waits in adjacent rooms or hallways during adjustment interviews.
Officers must not lie, but they can request signatures without warning you that an ICE detainer is coming after you sign.
This is why attorney presence is recommended.
Yes. USCIS can share applicant data through:
FDNS (Fraud Detection & National Security)
Interagency databases
National Vetting Center systems
Yes — but evidence alone is no longer a safety guarantee against arrest.
See:
ICE Arrests at Marriage-Based Interviews (2025 Guide)
If you have:
A prior removal order
A criminal record
A visa overstay
You should consult a lawyer first before attending an interview.
Yes. Coordinated interview arrests have been documented for years, even without a leaked memo.
No. While San Diego and Chula Vista received news coverage, attorneys have reported concerns in:
Chicago
Houston
Miami
New York
Atlanta
Newark
You have the right to remain silent and request a lawyer.
Do NOT:
Answer questions about your immigration history
Sign “voluntary departure”
Admit removability
It is the official charging document that begins removal proceedings.
You must:
Attend immigration court
Request bond
Prepare defense (asylum, cancellation, waiver, etc.)
Yes. Attorneys can sometimes request:
Remote interviews
Field office reassignment
Postponement
Results vary by officer.
FOIA cannot prevent an arrest but can help you understand:
CBP history
USCIS notes
Prior removal orders
Interagency “flags”
Resources:
USCIS FOIA Portal
Yes, and you should. Miscommunication can trigger suspicion and complicate proceedings.
Yes. Risk applies regardless of identity, religion, gender, or sexuality.
Right now, no interview type is guaranteed “safe.” Risk varies by location and category.
See:
Asylum on Hold: Nationwide Suspension Guide
Often yes — depending on:
Criminal history
Removal history
Prior failures to appear
Ask an attorney about bond motions.
Not legally — but practically yes. Officers behave differently when counsel is present.
Previous removal order + marriage-based interview.
That combo has produced many arrests.
DACA protections do not block arrests during USCIS benefit interviews.
No. Citizenship of spouse does not block ICE enforcement.
Stop. Speak to an attorney first.
HLG recommends:
Marriage-Based Interviews No Longer Safe — Quiet War Analysis
If you’re planning to file for a green card or you’ve already received a USCIS interview notice, please pause — because being prepared right now matters more than ever.
✔ ICE arrest patterns during interviews are real and documented
✔ Visa overstays, prior entries, and old mistakes can trigger instant detention
✔ Even people married to U.S. citizens have been handcuffed directly after interviews
You do not have to walk into this alone.
Three steps you can take today:
A trained immigration attorney can spot risk factors in your file that most applicants never think about — until it’s too late.
Book a confidential consultation with immigration attorney Richard T. Herman:
Attorneys know the warning signs:
“signature trap” documents
back-hallway escorts
second-door room changes
FDNS “fraud flags”
Do not sign anything you don’t fully understand.
HLG reviews:
I-130/I-485 filings
Entry history
Prior immigration records
Police reports / court outcomes
FOIA disclosures
We tell you what USCIS and ICE will see — before they see it.
This is especially critical if you have:
A visa overstay
A prior removal order
Entry without inspection
Old or minor criminal issues
Multiple entries and exits
Prior immigration filings
These are common triggers that increase the risk of an arrest at immigration interviews.
By the time USCIS schedules your interview, ICE may already be alerted in the system.
Protect yourself now:
Book a confidential consultation with Herman Legal Group
Marriage-based green card (I-130/I-485)
Adjustment of status for visa overstays
FOIA records review
Prior removal cases
Criminal-immigration intersection cases
Extreme hardship & waiver strategy
If you are filing an application — or already have an interview scheduled — you need a legal strategy, not just paperwork.
Even if you think:
“I’ve never been arrested.”
“We have plenty of evidence.”
“It’s just a formality.”
Recent arrests prove that is no longer enough.
Take action before stepping into any USCIS field office.
Schedule Consultation — Speak with a Lawyer Today
No pressure. No judgment. Confidential. Urgent when needed.
“If you’re reading this because you’re worried, that’s your sign — talk to someone who has been inside hundreds of USCIS interviews and knows what ICE looks for.” Attorney Richard T. Herman
NBC San Diego — ICE Arrests Green-Card Applicants at USCIS Interviews
India Today — ICE Detaining Immigrants During Marriage Interviews
CBS News — Nearly Half of ICE Detainees Have No Criminal Record
Newsweek — Husband Says Wife Detained at Green Card Interview
When the Green Card Interview Becomes an ICE Trap (San Diego, 2025–26)
Are Immigrants With an Overstay Being Arrested at USCIS Interviews?
Can ICE Arrest You for Short Overstay at a Marriage Interview?
If you are married to a U.S. citizen or green card holder, first of all, congratulations! You have found the one person you hope to spend the rest of your life with; that is an achievement.
However, you’re strained because your spouse is in the United States and you only get to see them when you visit. But, since you and your fiancé(e) are now married, it is much easier to apply for permanent residency in Ohio, U.S.
With your permanent green card, you no longer have to visit for a few months and then have to leave again. However, before you can get this card, you might need to apply for a marriage green card first.
The marriage green card grants you the privileges associated with being a permanent resident in the United States. In other words, you can live comfortably with your spouse and even work if you want to.
The USCIS (United States Citizenship and Immigration Services) in Ohio grants the marriage-based green card at its discretion. Although it publishes a set of rules that every applicant must follow, the USCIS still decides which application deserves this immigration benefit.
Obtaining a marriage green card is the first step towards becoming a lawful permanent resident and, eventually, a U.S. citizen. Since it is a temporary green card, the marriage green card has an expiry date, after which you will renew it.
However, if you’ve been married for more than two years before applying for a green card, that is a plus. The USCIS can give you the IR1 (immediate relative visa), which is valid for ten years.
If your marriage is still less than two years, you will get the CR1 (conditional green card), which lasts two years. After the two-year duration, you will need to renew it to get the ten-year green card.
Furthermore, there is a certain set of eligibility requirements you must fulfill to get the marriage green card. These include:
Your marriage must be recognized in the country where you got wedded for the US government to consider it valid for immigration purposes.
You must be married to a lawful permanent resident or the United States citizen, although the latter gets priority. Nevertheless, an LPR’s spouse is also entitled to a green card; both citizen and LPR spouses must prove their marriage is bona fide.
You must provide proof that you did not get married because you want to live and work in the United States. You will submit documents to prove the marriage started because you both want to build a life together.
You both must not be married to someone else; if you’ve been married, you will provide a divorce decree or death certificate where applicable.
It is important that you file the right form to get a marriage green card; filing the wrong file can lead to denial. The USCIS requires that you fill out and submit Form I-130 (Petition for Alien Relative) to get the marriage-based green card.
This USCIS needs this form to establish that you have a valid marriage to the green card holder or citizen. Once the form is completed, you will submit it along with certain supporting documents showing the legitimacy of your marriage.
If you live outside the US, you will apply for the green card using the consular processing. In this instance, you will wait in your home country until your Form I-130 is approved by the USCIS.
Once the USCIS approves it, they will forward it to the National Visa Center, which will then send you a notice by mail. The notice will give you important information concerning your immigration case and the next steps to take.
The next step is to submit your NVC filing package, which will include the required filing fees. It will also include your Form DS-260, your green card application, and proof of nationality. You’ll also submit Form I-864, Affidavit of Support, to prove your citizen or LPR spouse can support you financially.
You can apply for a marriage green card in Ohio on your own, but using legal help improves your chances of approval. You will need the help of an experienced immigration attorney if you are applying for the first time. Considering the intricacy of the application process, it is very easy to make mistakes that can cost you the application.
Working with a good, experienced immigration attorney reduces your chances of making mistakes and improves your approval chances. We have experienced lawyers skilled in more than ten languages to be able to serve a wide range of foreign nationals. We have helped many spouses in the US and outside to prepare their immigration forms and supporting documents. To get started, you can schedule a consultation with us by calling +1-216-696-617 or by booking online.
The application and filing process for a marriage visa can be a stressful process, especially when you decide to do it all by yourself. However, it becomes easier when you decide to seek professional help from a qualified law firm like Herman Legal Group. We are here to help you at all times, all you need is to contact us today to get started.
The marriage green card interview is a crucial step in your immigration journey, where USCIS (U.S. Citizenship and Immigration Services) assesses the genuineness of your marriage. This guide will help you prepare, discover potential red flags, and ensure that your application is as strong as possible.
1. Insufficient Evidence: One of the most common reasons for green card marriage interview denial is not providing sufficient evidence to prove the legitimacy of your marriage. USCIS needs to see that your relationship is real and built on genuine intentions.
2. Inconsistent or Contradictory Evidence: If your evidence does not line up—such as mismatched dates, different names, or conflicting information—USCIS might question the validity of your marriage.
3. Not Responding to Requests for Evidence (RFE): Receiving an RFE can be stressful, but it’s important to respond quickly and thoroughly. USCIS sends an RFE when they need more information to decide.
Certain situations, known as ‘red flags,’ might prompt USCIS to take a closer look at your application. These factors are often associated with a higher marriage green card denial rate, though they do not automatically lead to rejection. However, they require careful handling to prove your marriage is genuine.
1. Large Age Disparities: A significant age difference between spouses can raise questions, especially if combined with other red flags.
2. Unequal Education Levels: When one spouse is significantly more educated than the other, USCIS might question why you’re together.
3. Living Separately: Couples who live apart may face skepticism from USCIS.
4. Language Barriers: If you and your spouse do not share a common language, it could raise doubts about your relationship.
5. Cultural, Socio-Economic, Ethnic, and Religious Differences: Significant differences in background can sometimes lead USCIS to question the authenticity of your marriage.
6. Secret Marriages: A marriage that hasn’t been disclosed to family and friends might seem suspicious to USCIS.
7. Arranged Marriages and Marriages Following Legal Issues: USCIS might be wary of arranged marriages or those that occur soon after a legal issue, like apprehension or deportation orders.
8. Discrepancies in Marital Knowledge: USCIS may ask detailed questions about your daily life together, such as how you met, your routines, and your plans. Inconsistencies here can be a red flag.
9. Multiple Sponsorships and Family Friend Marriages: If you’ve sponsored a spouse before or if your spouse is a close family friend, USCIS might be more critical.
10. Interracial and Same-Sex Marriages: Though love transcends race and gender, USCIS may require more proof of your shared life and interests.
11. Minimal Interaction Despite Shared Home: If your schedules don’t align and you rarely see each other, USCIS might question the validity of your marriage.
12. Financial Need and Criminal History: If the U.S. spouse is financially unstable or if either spouse has a criminal history, USCIS might suspect that the marriage is for financial gain or other improper purposes especially during a marriage based green card interview with criminal record concerns involved.
13. Manufactured Evidence: Creating joint accounts or assets right before the interview might be seen as a last-minute attempt to fabricate evidence.
14. Quick Marriages: Getting married shortly after meeting can raise suspicion about the authenticity of your relationship.
15. Recent Divorce: If you or your spouse remarried quickly after a divorce, USCIS might question the authenticity of your new marriage.
16. Country-Specific Fraud Concerns: Applicants from countries with high rates of marriage fraud may face additional scrutiny.
17. No Children for Childbearing-Age Women: While it’s not a requirement to have children, USCIS might view the absence of children in a marriage where the woman is of childbearing age as a potential red flag.
Under Section 204(c) of the Immigration and Nationality Act, any petition is automatically prohibited from approval if there is evidence that the beneficiary has previously attempted or conspired to enter a sham marriage for the purpose of evading immigration laws. This applies to all petitions, including Form I-140 and not just I-130.
It’s a common scenario where a couple has a bona fide marriage, has irrefutable evidence of a real genuine relationship (children, cohabitation, joint ownership of home/assets, etc.) but USCIS denies the green card case because the immigrant previously entered into a prior marriage that was not bona fide and attempted to get an immigration benefit. In some cases, this leads to a marriage based green card interview denied outcome, even when the current relationship is completely legitimate.
Beyond proving that your marriage is genuine, USCIS also looks at other legal and procedural aspects of your case. It is essential to review these before filing your application.
1. Validity of Foreign Marriages: Your marriage is presumed valid if it is recognized in the country where it was celebrated. However, if the marriage conflicts with U.S. public policy (like polygamy), it won’t be recognized.
2. Freedom to Marry: Both parties must be legally free to marry, meaning any previous marriages must be legally terminated.
3. Virtual or Proxy Marriages: If your marriage took place online or through a proxy, specific conditions must be met for USCIS to recognize it.
4. Marriages Between Close Relatives and Involving Minors: Some marriages, such as those between close relatives or involving minors, are subject to special attention
Important! Forced marriages are not bona fide. If indicators of forced marriage are present, consult with headquarters or regional offices. Forced marriage is a serious issue and should not be confused with arranged marriages, which are culturally accepted in many places.
5. Transgender Issues and Same-Sex Marriages: Marriages involving transgender individuals or same-sex couples must meet the same legal requirements as other marriages.
In some cases, a petitioner can file Form I-130, Petition for Alien Relative, and the beneficiary can file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously However, both forms must be approved at the time of filing.
Eligibility Requirements:
Specific Visa Scenarios
Affidavit of Support
You and your spouse deserve to be treated with respect during the green card interview. The focus of the interview should be on determining the bona fides of the marriage, not its long-term viability. Officers should follow procedures, adapt questions for minors, and be case specific. Sometimes, however, USCIS Officers can be abusive, rude and violate the due process of the applicants.
If you encounter misconduct or inappropriate behavior from a USCIS officer, it is important to know how to file a complaint properly. Here’s how:
1. Identify the Misconduct:
2. Determine the Reporting Channel:
3. Filing the Complaint:
4. Follow Up:
Important! You have the right to be treated fairly and to file a complaint without fear of retaliation. Filing a complaint will not harm your immigration case.
Marriage fraud is a serious concern for USCIS and the Department of State (DOS). These agencies are committed to ensuring that marriage-based green card applications are genuine.
This legislation created conditions and criminal penalties to prevent marriage fraud, including:
USCIS and DOS have always been skeptical of marriage-based green card applications. Although the myth that most of these applications are fraudulent has been busted, the concern still exists because marriage is one of the few ways to get a green card without job skills or pre-existing family relationships
Again, the Government has a legitimate interest in detecting and disrupting marriage fraud. Here are some examples of criminal cases filed by the US Department of Justice:
1. Site Visits:
2. Bed Checks:
3. Social Media Monitoring:
4. Interviews:
5. Document Examination
6. Neighbors and Associates:
Fraud can be suspected for many reasons, including:
Even legitimate marriages can be scrutinized if the couple is not well prepared to prove the legitimacy of their relationship.
Marriage fraud is a serious crime with severe penalties for the immigrant and the U.S. citizen. The consequences can be:
Immigration
Criminal Penalties
Civil Penalties
Additional Consequences
USCIS uses a variety of methods to investigate marriage fraud in I-130 petitions. While many cases are resolved through document reviews and interviews, more in-depth investigations—such as online searches, credit record checks, and even home visits—may occur if fraud is suspected. The consequences of marriage fraud are severe, making it essential to understand the process fully and seek legal help to ensure your application is legitimate and well prepared.
Marriage green card interview can be overwhelming, but preparation and truth is the key to a successful outcome. Herman Legal Group, a law firm founded in 1995, can guide you through this critical part of your immigration process. With us, you can feel confident you are prepared to present your case well.
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