Top Reasons a Marriage-Based Petition Might Be Denied

Applying for a marriage-based green card is a big step, but unfortunately, not every petition gets approved. Even if you’re in a genuine marriage, mistakes or issues in your application can lead to delays or even denials. To help you avoid setbacks, let’s go over some of the most common reasons a marriage-based petition might be denied.

1. Insufficient Evidence of a Bona Fide Marriage

One of the most common reasons for denial is failing to provide enough proof that your marriage is genuine. USCIS wants to see that your relationship is real, not just for immigration benefits. If you don’t submit strong evidence like joint bank statements, lease agreements, shared utility bills, photos, or affidavits from friends and family, your case may be questioned.

2. Inconsistencies in Your Application or Interview

Even small discrepancies in your answers can raise red flags. If you and your spouse provide different responses about your relationship history, living arrangements, or daily routines, USCIS may suspect fraud. It’s important to review your application together and be well-prepared for the interview.

3. Failing the Marriage Interview

The USCIS interview is a crucial part of the process. If the officer believes your marriage is fraudulent or if your answers are unclear or inconsistent, they may deny the petition. Practicing common interview questions and staying calm can make a big difference.

4. Ineligibility of the Petitioner or Beneficiary

If the U.S. citizen or green card holder petitioner has certain criminal convictions, financial instability, or previous fraudulent immigration filings, it can affect the case. Similarly, if the beneficiary has prior immigration violations, unauthorized employment, or criminal history, it could lead to denial.

5. Financial Inadmissibility

The sponsoring spouse must meet certain income requirements to prove they can financially support the immigrant spouse. If the Affidavit of Support (Form I-864) is incomplete or if the petitioner’s income falls below the required threshold, USCIS may deny the case. A joint sponsor can sometimes help in these situations.

6. Previous Immigration Violations

If the beneficiary overstayed a visa, entered the U.S. unlawfully, or has a prior removal order, it could lead to complications. In some cases, a waiver may be needed before the green card can be approved.

7. Suspicions of Marriage Fraud

USCIS closely scrutinizes marriage-based applications for signs of fraud. If they suspect the marriage was entered into only for immigration purposes, they can not only deny the petition but also ban the immigrant spouse from future applications.

8. Missing or Incorrect Documentation

A simple paperwork mistake can cost you. Missing forms, unsigned documents, or incomplete information can delay or derail your petition. Always double-check your application before submission.

How to Avoid Denial

• Gather strong evidence of your relationship.

• Be honest and consistent in your responses.

• Prepare for your interview.

• Ensure your petitioner meets financial requirements.

• Seek legal advice if you have past immigration violations.

  
  

If you’re worried about any of these issues, consulting with an experienced immigration attorney can improve your chances of success. A well-prepared application can make all the difference in getting your marriage-based petition approved.