After the 2024 presidential election, HelloPrenup discussed the potentially significant impact of the results on immigration. Now, almost a year in, many of those predictions have come true. Increased vetting, tighter documentary requirements for marriage‑based green cards, renewed mandatory interviews, broader travel bans, and stepped‑up enforcement of visa overstays are changing how couples plan marriages and immigration strategies. As a result, many people are accelerating wedding plans or relying more heavily on marriage as a pathway to stability. But that rush raises real financial and legal risks for both partners. What should I know about protecting my financial futures while also meeting immigration scrutiny? And, what do I need to be aware of when drafting a prenup that can help rather than hurt a marriage‑based immigration case? Continue reading to find the answers to your questions and to learn more about the current immigration climate’s effect on marriage.
What’s going on with the marriage-based immigration climate?
Overall, the immigration landscape is experiencing increased scrutiny and greater documentary requirements. For Marriage-based green cards specifically, officers want to see evidence of financial commingling and joint financial liability. This can include joint bills, both names on a lease or mortgage, and joint insurance. The U.S. Citizenship and Immigration Services (USCIS) has also returned to mandatory interviews for all green card applicants. This means that if you file a marriage-based green card, you will be required to appear together at an interview. While most couples are interviewed together, in instances where USCIS suspects fraud, couples can be interviewed in separate rooms. This might bring to mind scenes from the Sandra Bullock/Ryan Reynolds romantic comedy, The Proposal. In real life, the process could be similar to the scenes where the couple is interviewed together and separately, but likely with less impressive comedic timing.
How are other areas of immigration are affected?
There aren’t any categories of immigration that have gone untouched by Donald Trump’s second administration. All areas of immigration are experiencing increased scrutiny and heightened restrictions.
Foreign students and F-1 visas
Foreign students here on F-1 visas have always been admitted for “duration of status” in recognition that there is no “fixed” period for studying. Previously, students could apply for graduate school and change majors, all decisions that can impact the length of their studies. If a foreign student had a valid I-20, the document issued to students confirming the details of their academic program, they could remain in the U.S. However, in August 2025, the Trump Administration proposed limiting F-1 students’ stays to a fixed period not to exceed four years. The administration also proposed changing the grace period at the end of a student’s program from 60 days to 30 days, giving foreign students less time to change their status or extend their stay after graduation. The proposed rule was published for notice and comment and should be finalized soon.
Changes to the H-1B work visa
In September 2025, President Trump signed a presidential proclamation imposing a 100k fee for all new H-1B petitions. The H-1B visa is the most common work visa in the U.S. and the primary way that F-1 students change their immigration status to remain in the U.S. and gain valuable work experience following their studies. Under the proclamation, F-1 students who have received degrees in the U.S. and have lined up employment with a U.S. company willing to sponsor them will now be subject to this additional fee. Furthermore, the 100k fee must be paid by the employer before they are even permitted to file an H-1B visa petition, as USCIS will require the payment receipt to be uploaded at the time of filing the petition.
Asylum
Asylum continues to be a heavily targeted area under the current administration. In the first three quarters of fiscal year 2025, immigration judges have denied nearly 59,000 asylum claims. This number is on track to double last year’s fiscal asylum denial total. These individuals with pending asylum cases are seeking relief through any other possible means, because they know there’s a very high likelihood of denial and then removal from the U.S.
Travel bans
There are currently 19 countries under a travel ban. Travel bans restrict visa issuance for certain foreign nationals from that country. According to reports, as many as 26 more countries may be added unless they improve on certain benchmarks. The good news is that there are exceptions for immediate relatives, such as a spouse, child, or parent of U.S. citizens. Additionally, waivers may be available in individual cases for humanitarian reasons, significant public benefit, or if denial would cause undue hardship. However, approval of these waivers is discretionary and often difficult to obtain. Applicants affected by the bans should consult an immigration attorney to explore exceptions, documentation strategies, and the latest policy updates.
Visa overstays
Visa overstays are currently heavily targeted. The U.S. Customs and Border Protection (CBP), the U.S. Immigration and Customs Enforcement (ICE), and the USCIS have all been instructed to review immigration records and take action to enforce visa overstays. Agencies are increasing data matching and interagency information‑sharing to identify overstays more quickly. Individuals flagged as overstays may face detention, removal proceedings, or future inadmissibility bars. Those concerned should promptly consult an immigration attorney to assess options such as filing for status adjustments, extensions, or seeking relief where eligible.
How do these changes in immigration policies and protocol impact marriage-based visa processing?
For starters, non-citizens in the U.S. with valid immigration status through work or school have fewer options for extending their time in the U.S. Their existing visa categories are increasingly volatile with heightened scrutiny and highly restrictive policies. This time crunch can expedite wedding plans for those in serious, committed relationships with U.S. citizens. With the current immigration climate, many people feel at risk being here in a temporary visa status, rather than a green card. Therefore, even those already in the process of obtaining a green card through employment are filing marriage-based applications as well, since there is no wait time for immediate relatives (i.e., spouses) of U.S. citizens. On the other hand, the employment-based categories have backlogs, which can result in years of waiting for a green card.
Marriage and those seeking asylum
Asylum has always entailed very long wait times. As a result, someone can be in the U.S. with a pending asylum case for 5-10 years before getting called for an interview. Naturally, after being in the U.S. for that long, many individuals meet and fall in love with a U.S. citizen. Many asylum applicants are seeking to get married to their long-term partners and pursue a green card through marriage rather than waiting for the outcome of their asylum case, which are being denied at high rates.
Travel bans and their effect on marriage
Because of the travel bans, some U.S. citizens who planned to pursue a K-1 visa to bring their foreign fiancé to the U.S. will no longer have that option. Instead, their only option may be to get married and pursue the CR-1 visa instead. Because of the travel ban, the U.S. citizen will likely have to travel outside the U.S. to get married in the foreign fiancé’s home country before they can begin the CR-1 visa process.
Overstaying visas and long-term relationships
The current administration is targeting visa overstays to begin removal proceedings. As a result, those in serious long-term relationships might decide to get married now and file the paperwork. U.S. immigration law will excuse a visa overstay for immediate relatives of a U.S. citizen. This means that someone with lapsed immigration status can pursue their marriage-based green card to rectify their status and eliminate the risk of removal.
How do prenups come into play?
A prenup can provide protection for both spouses. It can also bring much-needed peace of mind to couples who are navigating these intense times in immigration and are dealing with a lot of uncertainty and anxiety. Immigration issues might feel stressful, but your marriage shouldn’t. Obligations from signing an I-864 ( aka an “Affidavit of Support”) don’t end with divorce. A prenup can protect both the supporting spouse and the supported spouse by providing guidelines for your marriage and your future. Here are a few other ways a prenup can protect individuals:
- Limit financial risk
- Encourage citizenship
- Facilitate communication
- Primary residence clause
- Property division
- Clearly explain how each spouse wants their property, assets, and debts to be classified if their marriage ends in the future
- Clearly define obligations around supporting a foreign spouse
Keep in mind that in the current immigration environment, it might serve you both to have a hybrid of separate accounts and joint accounts instead of keeping everything separate. This is because the government will likely scrutinize a couple’s finances, and completely separate finances might raise a red flag that the marriage is not genuine. Talk with an immigration attorney or a prenup attorney who has experience with immigration issues to determine how to structure your prenup to both accomplish your goals and to protect the citizenship goals of the foreign partner.
Recent case law regarding I-864 obligations
A California appellate court recently limited I-864 liability by finding that the noncitizen’s income should be considered when calculating the financial obligation of the citizen spouse. Under the I-864 affidavit, the sponsor’s obligation is to provide any support necessary to maintain the sponsored immigrant at an income of at least 125 percent of the federal poverty guidelines. The court in In re Marriage of Adeyeye and Faramaye held that the trial court erred in not factoring in the non-citizen spouse’s income when calculating the support obligation. The court found that a supporting spouse’s obligation under I-864 should only be to make up the difference, if any, between the noncitizen spouse’s income and 125% of the poverty guidelines ($19,562 for a household size of 1 in 2025) (In re Marriage of Adeyeye and Faramaye (2025)). It’s likely that other courts will take this decision into account when determining financial obligations under an I-864 affidavit in the future.
Final word on how the current immigration climate affects marriage
In today’s climate of heightened immigration scrutiny, many couples are choosing to marry sooner than they might have planned. This urgency makes the need to consult an immigration attorney and to sign a prenuptial agreement more critical than ever. A thoughtfully drafted prenup can protect both partners’ financial futures, clarify responsibilities around the I-864 affidavit of support, and reduce the stress of proving a bona fide marriage when immigration officers demand documentary proof of a shared life. Work with an immigration‑savvy prenup attorney to balance the need for evidence of financial intermingling (i.e., joint accounts, shared bills) with sensible financial protections so you can focus on your relationship while your finances and immigration risks are responsibly managed.
You can book a FREE 15-minute consultation with immigration attorney, Julia Funke, Esq. here.
Julia Funke is a managing attorney at International Legal and Business Services Group LLP, a full-service immigration law firm serving clients across the U.S. She earned her J.D. from the University of Illinois Chicago School of Law. When she’s not helping clients, Julia teaches immigration law at a local public college. To connect with Julia for your immigration-related needs, please reach out to julia@bizlegalservices.com
0 Comments