Many couples mistakenly believe that the U.S. Citizenship and Immigration Services (USCIS) will automatically approve a marriage based Green Card application. Unfortunately, this is not true. USCIS routinely denies applications for a wide range of reasons—many of which are avoidable with proper preparation.
Below are the most common reasons marriage based Green Card applications are denied.
The forms required for a marriage based Green Card vary depending on:
- The foreign spouse’s current immigration status
- Whether the spouse wants work authorization
- Whether the spouse wants advance parole (travel permission)
- Immigration or criminal history
- Whether the spouse is inside or outside the United States
Using the wrong forms—or outdated versions—can result in immediate rejection.
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Submitting incorrect forms. The forms required for your application will depend on your spouse’s current residence, current immigration status, desire to obtain temporary employment, desire to temporary travel, immigration/criminal history, etc.
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Submitting incorrect fees. Some forms require no fee, others require a filing fee, and some require an additional biometrics fee for the FBI background check. Incorrect payment amounts or missing fees will delay or derail the application.
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Submitting insufficient financial documents. The U.S. petitioner must prove they can financially support their spouse. Issues that often cause denials include:
- Self employment without proper documentation
- Recent unemployment
- Starting a new job without sufficient income history
- Owing IRS taxes
- Prior divorce affecting household size or income
An attorney can help ensure the financial portion of the case is strong and compliant.
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Filing the Application at the Wrong USCIS Location Where you file depends on:
- Your current residence
- Whether the application is filed alone or with other petitions
- The courier service used (USPS vs. FedEx/UPS/DHL)
Sending the application to the wrong address can cause significant delays or denials.
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Submitting Incomplete Bona Fide (“Good Faith”) Marriage Evidence. USCIS requires proof that the marriage is genuine and not entered into for immigration benefits. Evidence may include:
- Joint leases or mortgages
- Joint bank accounts
- Joint insurance policies
- Photos together
- Affidavits from friends and family
An attorney can help identify the strongest evidence for your situation.
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Eligibility Issues. Some foreign nationals are not eligible to apply for a Green Card inside the United States. Common issues include:
- Entering the U.S. without inspection
- Overstaying a visa
- Certain criminal convictions
- Being in removal proceedings
- Prior immigration violations
Eligibility must be evaluated carefully before filing.
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Submitting Incorrect or Incomplete Information. Marriage based Green Card applications involve many forms and questions. Even small mistakes can lead to a finding of material misrepresentation, which can result in denial—even if the error was unintentional.
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Hiring a Non Attorney or Unqualified Representative. Before hiring someone, couples should confirm:
- The attorney is licensed and eligible to practice law
- The attorney has experience with marriage based cases
- The attorney has positive client reviews
- Communication is clear and direct
Unqualified representatives can cause serious harm to your case.
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Missing Appointments or Deadlines. USCIS sends notices for biometrics, Requests for Evidence (RFEs), and interviews. Missing even one appointment can delay or jeopardize the case. When represented by an attorney, both you and your attorney receive notices, reducing the risk of missed deadlines.
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Not Being Prepared for the Marriage Interview. The marriage interview is one of the most important parts of the process. An experienced immigration attorney can help by providing:
- Sample interview questions
- A list of documents to bring
- Guidance on how to answer clearly and consistently
Poor preparation can lead to confusion, inconsistencies, or insufficient evidence.
Speak to an Experienced Immigration Attorney
The Law Office of David Nguyen, PC has successfully handled thousands of immigration cases, including marriage based Green Card applications. Our team can guide you through the process and help you avoid the common mistakes that lead to denials.
Common Questions We Can Help You With
- Why was my marriage‑based Green Card denied
- What happens if my marriage Green Card is denied
- Can I appeal a marriage‑based Green Card denial
- How long does the marriage‑based Green Card process take
- What documents prove a bona fide marriage
- How do I prove my marriage is real to USCIS
- What evidence is needed for a marriage‑based Green Card
- Who is eligible for a marriage‑based Green Card
- Can I apply for a Green Card if I overstayed
- Can I apply for a Green Card if I entered illegally
- What questions are asked in a marriage Green Card interview
- How do I prepare for the marriage interview
- Why did USCIS separate us during the interview
- Do I need a lawyer for a marriage‑based Green Card
- Best attorney for marriage‑based Green Cards in Houston
- Can a lawyer help get my Green Card approved
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