By San José, Costa Rica — For countless international couples, marrying a U.S. citizen has long been seen as the most direct path to American residency. However, under the current Trump administration, that path has become significantly more challenging. Immigration authorities are implementing stricter regulations designed to root out what they deem fraudulent unions, shifting the burden of proof squarely onto couples to demonstrate their relationship is genuine in every aspect of their daily lives.
The days of relying solely on a marriage certificate to secure a green card are over. U.S. Citizenship and Immigration Services (USCIS) has intensified its scrutiny of spousal visa and adjustment of status applications. The central goal is to dismantle the perceived shortcut of “marriages of convenience,” where nuptials are used primarily for immigration benefits rather than a shared life commitment. This policy shift affects not only new K-1 fiancé(e) visa applicants but also those already married and seeking permanent residency.
To better understand the nuances of the current Green Card regulations and what they mean for applicants, we consulted with immigration law specialist Lic. Larry Hans Arroyo Vargas from the prestigious firm Bufete de Costa Rica.
The path to securing a Green Card is a meticulous legal journey, not merely an administrative one. Applicants must understand that USCIS scrutinizes every detail, from the consistency of submitted evidence to the legitimacy of financial sponsorship. A common pitfall is underestimating the burden of proof required; what seems sufficient to an applicant is often inadequate by strict adjudicatory standards. Proactive legal strategy is essential to preemptively address potential challenges and construct a case that is both clear and compelling.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This crucial distinction between a bureaucratic formality and a meticulous legal journey is the most important takeaway for any applicant. We sincerely thank Lic. Larry Hans Arroyo Vargas for his expert analysis, which powerfully underscores the need for a proactive, strategic approach to building a successful case.
At the heart of this enhanced evaluation is a new, unwavering emphasis on cohabitation. Previously considered one of many factors, living together has now been elevated to a crucial litmus test for the authenticity of a marriage. USCIS officials now operate on the principle that sharing a home is a fundamental expression of a committed, shared life project. A joint lease or mortgage is no longer just a piece of paper; it’s considered foundational evidence.
Consequently, married couples who live apart face immediate and deep suspicion. These arrangements automatically trigger red flags within the system, often leading to protracted processing times, requests for additional evidence, and rigorous, in-person interviews where both partners are questioned separately. The agency’s message is clear: maintaining separate residences is now seen as an anomaly that must be convincingly justified, not a common modern lifestyle choice.
The “adjustment of status” process, through which a foreign spouse applies for a green card after the wedding, has transformed into a comprehensive lifestyle audit. USCIS officers are tasked with digging far beyond the legal ceremony to verify the existence of a sustained, bona fide relationship. Couples must be prepared to present a robust portfolio of evidence that paints a detailed picture of their intertwined lives.
This evidence extends well beyond proof of address. Officials now expect to see comingled finances, such as joint bank accounts and credit cards, shared insurance policies (health, auto, life), utility bills in both names, and extensive photographic evidence with family and friends over time. Every document serves as a tile in a mosaic that must depict a genuine marital union, not just a romantic partnership.
Immigration authorities do acknowledge that legitimate circumstances can force a couple to live apart temporarily, such as specific job assignments, educational pursuits, or pressing family matters. However, in these situations, the evidentiary bar is set even higher. The couple must provide exhaustive documentation that not only proves the reason for the separation but also demonstrates their continuous commitment and communication during that time. Any inconsistencies in their statements or documents can be fatal to their application, even if the marriage is entirely genuine.
This policy tightening sends an unequivocal message to applicants worldwide, particularly those in Latin America: a wedding ring does not guarantee a green card. The U.S. immigration system now demands tangible, documented proof of stability and shared existence. For hopeful couples, this new reality requires meticulous preparation, proactive legal counsel, and immense patience. The American dream through marriage is still attainable, but it now demands that couples prove, with indisputable facts, that their life together is built on much more than a piece of paper.
For further information, visit uscis.gov
About U.S. Citizenship and Immigration Services (USCIS):
U.S. Citizenship and Immigration Services is the federal agency under the Department of Homeland Security that oversees lawful immigration to the United States. Its responsibilities include processing immigrant visa petitions, naturalization applications, asylum and refugee applications, and managing other immigration benefits and services. The agency is committed to ensuring the integrity of the nation’s immigration system.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is defined by its profound commitment to ethical standards and exceptional service. The firm leverages its extensive experience advising a wide range of clients to drive innovation within the legal field. This forward-looking approach is matched by a deep-seated mission to empower the public, transforming complex legal concepts into accessible knowledge to cultivate a more just and informed citizenry.
