If you or your spouse particularly Canadian spouses is navigating the U.S. marriage immigration process right now, you are stepping into one of the most uncertain periods in recent memory. Changes under the Trump administration have shifted the rules significantly, and what worked a year ago may not be the safest path today. Here is a clear breakdown of everything you need to understand before you file.
What Did the May 22, 2026 USCIS Policy Change Actually Say?
On May 22, 2026, USCIS the agency responsible for approving green cards inside the United States, released an update that has rattled immigration attorneys across the country. The memo is remarkably vague, essentially stating that adjustment of status cases (green card applications filed inside the U.S.) can be denied based on the “totality of the circumstances” as judged by the individual USCIS officer conducting your interview.
This goes against decades of established precedent. Rather than applying clear, codified criteria, officers now appear to have broader discretionary power to approve or deny your case based on their personal assessment of the situation. Legal experts widely expect this policy to be challenged in court, and as of June 2026 less than a month after the memo was issued, we are still watching closely to understand how it is being applied in practice.
Are Canadian Spouses Still Getting Approved Under the New Rules?
Yes, but with important caveats. Since the May 22nd memo was released, approvals have continued for Canadian spouses across a range of situations, including people who overstayed B-2 tourist visas and those on H-1B work visas. Officers have asked questions about why applicants chose to file for adjustment of status inside the U.S. rather than going through consular processing abroad and in many cases, applicants have still been approved.
That said, the landscape is changing on a daily basis. The fact that approvals are happening does not mean the process carries the same level of predictability it once did. If you are currently in the United States and planning to file, it is essential to have a detailed consultation with an immigration attorney to evaluate the specific facts of your case before moving forward.
What Is “Immigrant Intent” and Why Does It Matter More Than Ever?
Immigrant intent refers to the idea of entering the United States on a non-immigrant visa such as a tourist visa, student visa, or TN visa, while secretly intending to apply for a green card and remain permanently. Visas like the B-2 tourist visa and the F-1 student visa are not designed for people who plan to stay indefinitely, and technically, having that intent when you entered can be used against you.
There is a longstanding immigration court case called Matter of Cavazos that offered some protection here: it held that if you are married to a U.S. citizen, immigrant intent alone should not be held against you if you have no criminal history and did not commit outright fraud (such as signing a document with false information). That case is still valid, but under current conditions, it is unclear how much weight individual USCIS officers will give it.
What Is the Difference Between Consular Processing and Adjustment of Status?
Adjustment of status means applying for your green card while already inside the United States. Consular processing means leaving the U.S. and going through a U.S. embassy abroad for most Canadians, that would be the embassy in Montreal, to obtain an immigrant visa before entering the country.
Historically, adjustment of status was the preferred route for most couples because it keeps spouses together and requires fewer steps. Under the current climate, however, attorneys are increasingly recommending consular processing via an I-130 petition as the safer option, particularly for applicants whose immigration status in the U.S. raises any questions about immigrant intent.
Is the K-1 Fiancé Visa Worth the Extra Cost and Complexity?
The K-1 fiancé visa is an option for couples (one of whom is a U.S. Citizen) who are not yet married. It allows a foreign national to enter the U.S. specifically to get married, after which they file for adjustment of status to complete the green card process.
The main appeal of the K-1 is speed it can get your partner physically into the United States roughly three to five months faster than the I-130 consular processing route. However, it comes with real drawbacks. It requires two government interviews (one at the embassy abroad and one inside the U.S.), which increases both cost and the number of interactions with government officials. More touchpoints mean more opportunities for something to go wrong.
For most Canadian couples, the K-1 may not be necessary. Canadians do not need a visa to visit the U.S., so a spouse can continue to visit regularly while a marriage case is pending as long as they maintain ties to Canada, such as employment or a home, and carry return tickets.
If You Are on a Student Visa, TN, or Work Visa What Should You Do?
Your visa category matters a great deal right now. Here is a rough breakdown:
- H-1B and L visa holders are generally in a stronger position for adjustment of status, since these are dual-intent visas that legally allow the holder to pursue permanent residence.
- TN visa holders are in a gray area. TNs are technically non-immigrant visas, and it remains unclear how strictly officers will apply the immigrant intent concern. As of late June 2026, denials for Canadians on TNs have not been widely reported, but this could change.
- F-1 student visa holders face the most uncertainty. If you are nearing graduation and considering an adjustment of status, this requires very careful analysis. The risk of denial is real, and the alternative consular processing may be the wiser path.
- B-2 Visa holders are more questionable. And those who have overstayed for a while before filing (and have worked without authorization) are in the worst position.
What Is Administrative Processing and Could It Delay Your Case for Years?
If you go through the embassy route and are a dual citizen, you may encounter something called administrative processing after your interview. This means that even though your interview went well, the government puts your case on hold for additional background checks.
For most applicants, this delay is a few weeks. But for individuals with dual citizenship in certain countries particularly those subject to travel bans, such as Iran, administrative processing can last one, two, or even three years. A recent court case involving a Russian national stuck in administrative processing for nearly three years resulted in a judge ruling that the applicant simply had to keep waiting. If you have ties to a country with a U.S. travel ban, this risk must be factored into your planning.
Does Iran, IRGC Service, or a Travel Ban Affect Your Green Card Case?
If you are a dual citizen born in Iran, or if you have any history of military service with the Iranian Revolutionary Guard Corps (IRGC), your case carries a significantly elevated risk. IRGC affiliation can result in a denial and a bar from entering the United States altogether.
Regardless of your background, always be truthful with the U.S. government. Laws change, but if you are ever found to have lied on a government form or in an interview, that lie can follow you permanently and result in a lifetime bar from the United States.
What Documents Do Canadians Often Get Wrong?
Two common document mistakes catch Canadian applicants off guard:
Birth certificate: Canada issues both a short form and a long form birth certificate. The U.S. requires the long form, which includes your parents’ full names. Do not submit the extract version or the short form.
RCMP police certificate: The Royal Canadian Mounted Police issues several types of criminal record checks, and the U.S. only accepts a specific one. According to the U.S. Department of State’s visa reciprocity chart for Canada, the required certificate is the one labeled “for personal use” (formerly known as the Privacy Act subtype, “other”). It must be fingerprint-based. Certificates labeled “for visa, border crossing, or foreign travel” will not be accepted.
Critically, the visa reciprocity chart is updated regularly, sometimes without notice. Always check it fresh for each case.
Where Can You Get Reliable Help?
The marriage green card process in 2026 is not something to navigate alone. If you are a Canadian spouse or a U.S. citizen married to a Canadian, a private consultation with an experienced attorney is the single most valuable step you can take before filing anything. The facts of your case your visa status, your entry history, your country of birth all determine which path is right for you.
Download our free Ultimate Marriage Green Card Guide at MarriageImmigrationLaw.com, join Attorney John Khosravi, Esq. live every Tuesday at 4 PM PT / 7 PM ET on YouTube, LinkedIn, Instagram, and TikTok for a free Q&A, or book a one-on-one consultation to talk through your specific situation. Schedule a consultation at JQKLaw.com/contact
