Marriage-Based Green Card in 2026: What Illinois Couples Need to Know

You met, you fell in love, and you built a life together. Now you want to make that life permanent in the United States. Somewhere along the way, though, the excitement started competing with worry. A relative’s case dragged on for years. A headline warned that the government is “cracking down.”

Marriage remains one of the most common ways to earn a green card. Even so, in 2026, the margin for error is thinner than it used to be. A single overlooked detail can mean a request for more evidence, months of delay, or a denial with fees you never get back. For couples with a complicated history, the wrong move can even put a spouse’s status at risk.

That worry is understandable, but it should not paralyze you. The law has not disappeared, and honest couples are still approved every day. What changed in 2026 is not the law itself, but how closely the government now looks at each application. This guide covers what changed, how the process works, what it costs, and where an honest case can still go wrong.

Is USCIS Scrutinizing Marriage-Based Green Cards More in 2026?

Yes, but not in the way the headlines suggest.

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0199, dated May 21. The memo covers the adjustment of status, the process of applying for a green card from inside the United States. 

It instructs officers to treat that process as a matter of discretion and administrative grace rather than an automatic right. The agency’s press release went further. It stated that USCIS would grant adjustment “only in extraordinary circumstances.”

That phrasing caused real alarm. It helps to separate what the memo changed from what it did not:

• The law did not change: Section 245 of the Immigration and Nationality Act (INA), which governs adjustment of status, was not amended. Only Congress can do that.
• No new eligibility rules were added: if you qualified before the memo, you still qualify.
• No pending case was automatically denied: applications already filed remain open and are decided on their own facts.
• What changed is discretion: officers are now told to examine each case more closely, and may weigh factors such as immigration history and intent at entry more heavily than before.

On May 29, 2026, the government issued a follow-up statement emphasizing that nothing had substantively changed. The memo, however, remains in effect. The practical takeaway is straightforward: a genuine, well-documented marriage is still approvable, but careful preparation now matters more than it ever has.

Who Can Sponsor a Spouse: U.S. Citizens vs. Green Card Holders

Before anything else, one distinction shapes your entire timeline: whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident (green card holder).

A spouse of a U.S. citizen is an immediate relative, which means a visa number is always available and there is no annual cap. A spouse of a green card holder falls under the F2A category, which is numerically limited and can involve a wait when demand is high. This single fact often decides whether a case takes under a year or considerably longer.

Adjustment of Status vs. Consular Processing

There are two routes to the green card itself. The right one depends almost entirely on where the immigrating spouse is physically located.

Adjustment of Status (Spouse Already in the U.S.)

This route lets a spouse who is already in the country become a permanent resident without leaving. It requires a lawful entry, meaning the spouse was inspected and admitted or paroled under INA §245(a). This is the path most directly affected by the 2026 memo, and it is where the new discretionary review carries the most weight.

Consular Processing (Spouse Abroad)

When the spouse lives outside the United States, the case moves through USCIS, then the National Visa Center, and concludes with an interview at a U.S. embassy or consulate. This route is untouched by PM-602-0199. It carries its own serious risk, however, for anyone who previously lived in the U.S. without status, as we explain below.

The Marriage Green Card Process, Step by Step

However, your case is structured; it follows a predictable chronological order:

1. File the I-130 petition: this Petition for Alien Relative establishes the qualifying relationship and shows the marriage is real.
2. File Form I-485 or begin consular processing: spouses inside the U.S. often file the I-130 and I-485 together, known as concurrent filing, while spouses abroad proceed through the National Visa Center.
3. Attend biometrics: USCIS collects fingerprints, a photo, and a signature for background checks.
4. Attend the interview: an officer confirms the marriage is genuine.
5. Receive the decision: if approved, the green card arrives by mail.

One detail catches many couples off guard. If your marriage is less than two years old on the day the green card is approved, the residence granted is conditional and valid for only two years. If your marriage is under two years old at approval, you receive a two-year conditional card and must later file Form I-751. Our guide on how to remove the conditions on your green card walks through that step.

How Long It Takes and What It Costs in 2026

Timing depends on three things: your route, your field office, and the added scrutiny described above. For couples inside the United States filing concurrently, the process commonly runs from several months to more than a year. Cases in Kane County are handled through the USCIS Chicago Field Office.

Government fees are set by federal regulation and are non-refundable, even if a case is denied. The figures below reflect the fee schedule in effect for 2026.

A full adjustment package (I-130 + I-485 + I-765 + I-131) totals roughly $3,005 in government fees. The mandatory forms alone come to about $2,115. A medical examination by a USCIS-designated civil surgeon adds another $200 to $500. Since December 2, 2024, the resulting Form I-693 must be submitted together with the I-485 rather than later.

Proving a Real Marriage: The Evidence USCIS Wants

At the heart of every case is a single question: is this marriage bona fide, meaning it was entered into for a shared life rather than for an immigration benefit? Officers look for a consistent, documented picture across four areas:

• Shared finances: joint bank accounts, shared credit cards, and jointly filed tax returns.
• A shared home: a lease or mortgage in both names, utility bills, and matching addresses on official records.
• Family life: children’s birth certificates and photographs taken across different times and events.
• The relationship itself: travel records, correspondence, and sworn statements from people who know you both.

Small inconsistencies now carry more weight than they once did. A mismatched address, a missing tax year, or a social media profile that contradicts your stated history can trigger a Request for Evidence (RFE) or, worse, a Notice of Intent to Deny (NOID).

The Marriage Green Card Interview

The interview is the moment couples fear most, and it is where the government’s renewed scrutiny is most visible.

What the Officer Actually Asks

The officer aims to confirm that you share a real life. The questions tend to be ordinary rather than tricks: how you met, your daily routines, who handles which household responsibilities, and details about each other’s families. Honest, consistent answers from two people who genuinely share a life rarely raise concern. Rehearsed or contradictory answers do.

Can the Interview Be Waived?

USCIS once waived the interview in many straightforward cases. Under current policy, waivers have been sharply limited, and more couples are being called in than in recent years. The safest approach is to prepare as though your interview will take place, because in 2026 it very likely will. For the exact questions officers ask and how to prepare, see our guide to the marriage green card interview.

When Marriage Green Cards Get Denied, and When You Need a Lawyer

Most denials do not involve fake marriages. They involve real couples who missed a legal landmine buried in their history. The situations below are exactly where professional guidance keeps a solvable problem from becoming a permanent one:

• Entry without inspection: the immediate-relative exemption in INA §245(c) forgives an overstay or unauthorized work for the spouse of a U.S. citizen. It does not forgive entering the country without being inspected. This is one of the most misunderstood rules in immigration law.
• The unlawful presence trap: under INA §212(a)(9)(B), leaving the U.S. after accruing unlawful presence can trigger a three- or ten-year bar on returning. For some couples, traveling abroad for a consular interview is the very thing that separates them. That is why the I-601A provisional waiver exists.
• A prior marriage, the government believes, was fraudulent: under INA §204(c), a finding of past marriage fraud can permanently bar approval.
• A criminal record: some offenses affect admissibility, and some do not. The distinction is technical and specific to each case.

If any of these describe your situation, filing without advice is a genuine risk. The $2,000-plus in government fees is non-refundable, and a careless filing can do more than waste money. It can place a spouse into removal proceedings, and even approved residents should understand how a green card holder can be deported.

Talk to The Law Offices of Shirley Sadjadi

At The Law Offices of Shirley Sadjadi, P.C., we guide couples in Elgin and throughout Illinois through every stage of the marriage-based green card process, from the first petition to the interview and, when needed, removing the conditions on residence. We review your history before you file, identify problems like the ones above that can still be solved, assemble the evidence USCIS expects, and prepare you so you walk into the interview ready.

Our team serves the community in both English and Spanish, so nothing about your case is lost in translation. If you are planning to apply, or you have already received an RFE, a NOID, or an interview notice, contact our office at 169 East Chicago Street, Elgin, IL, to schedule a consultation and review your case with an immigration attorney before you file.

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