If you’re applying for a marriage-based green card, it’s important to be aware of common mistakes that can lead to denial. In fiscal year 2022, U.S. Citizenship and Immigration Services (USCIS) received over 870,000 Form I-130 applications, but 133,251 of them (about 15%) were denied. Understanding the reasons for denial can help you avoid mistakes and increase your chances of success.
Even though most marriage-based green card applications are approved, some are rejected due to avoidable errors. Here are some of the most common reasons why green card applications get denied, along with tips on how to avoid them.
1. Not Proving a Valid and Authentic Marriage
The most critical part of your marriage green card application is proving that your marriage is both legally valid and genuine. This is the foundation of your eligibility.
Proving a valid marriage:
You need to show a copy of your marriage certificate and prove that your marriage complies with the laws of the country where it took place. If either of you were previously married, you must provide divorce or death certificates to prove those marriages ended legally.
Proving authenticity:
USCIS also wants to ensure that your marriage is real and not just for obtaining a green card. To prove this, provide evidence like joint financial records, photos from trips together, and birth certificates of children you have together. These documents demonstrate that you share a life and are truly married.
2. Mistakes in Your Application
Small errors in your green card application can lead to a denial. Always double-check your application before submitting it. Common mistakes include:
- Failure to provide translations: Any documents in a language other than English, such as marriage certificates or birth certificates, must be translated into English. Make sure to include both the original and certified translations.
- Missing information: Ensure that every question on the forms is answered. If a question doesn’t apply to you, write “N/A” (Not Applicable).
- Problems with photos: Your application requires passport-style photos that meet government guidelines. Check the specifications before you submit them.
- Insufficient fees: Marriage green card application fees can range from $1,340 to $3,005. Be sure to include the correct amount.
- Missing signatures: Both you and your spouse must sign all the necessary forms with original signatures (no copies).
3. Insufficient Financial Support
The U.S. citizen or green card holder sponsoring their spouse for a green card must show they can financially support their spouse. USCIS generally requires the sponsor to earn at least 125% of the Federal Poverty Level. This can be proven through tax returns, pay stubs, or other financial documents.
If the sponsoring spouse doesn’t meet this requirement, they may need to include financial help from household members, use assets, or have a co-sponsor. Learn more about the income requirements for a marriage-based green card in our article.
4. Ineligibility to Apply from Inside the U.S.
Just because you’re married to a U.S. citizen doesn’t mean you can apply for a green card from within the United States. Some common situations where this applies include:
Entering the U.S. on a tourist visa:
If you entered as a tourist and applied for a green card within 60 days of arrival, USCIS may deny your application unless you can prove you didn’t plan to apply for a green card when you entered.
Entering illegally:
If you entered the U.S. without authorization, you may need to apply for a provisional waiver and apply for your green card outside the U.S. at a U.S. embassy or consulate.
J-1 visa holders:
If you entered on a J-1 visa, you might need to spend two years in your home country before applying for a green card, unless you get a waiver of this requirement.
K-1 fiancé(e) visa: If you entered on a K-1 visa but didn’t marry your original partner, you can’t apply for a marriage green card with a different spouse.
5. Categorically Ineligible for a Green Card
Certain situations can make you or your spouse ineligible for a green card, including:
- Criminal records: Some criminal offenses can prevent a green card application from being approved. The rules vary depending on whether the issue is with the applicant or the sponsor.
- Medical issues: If the spouse applying for a green card has a communicable disease, a serious mental illness, or a history of drug abuse, they may be denied.
- Lying or misrepresentation: Any dishonesty or misrepresentation on your application, such as falsifying documents or providing false information to immigration authorities, will lead to a denial.
In some cases, you may be able to apply for a waiver of inadmissibility if you can prove that your U.S. citizen or green card-holding spouse would suffer “extreme hardship” if you were not allowed to stay in the U.S.
Being aware of the reasons for green card application denials helps you avoid costly mistakes. With careful preparation, you can ensure your application is complete, accurate, and well-supported. Whether it’s proving your marriage is genuine, meeting financial requirements, or ensuring all your documents are in order, taking these steps can improve your chances of approval.
If you’re unsure about any part of the process, working with an experienced immigration professional like Law and Visas can help guide you through the application, answer your questions, and review your materials to make sure everything is in order. Proper preparation is key to a smooth green card process and avoiding the setbacks that come with denial.
