Top Reasons Green Card Marriage Applications Are Denied
Shawn Sedaghat, Esq.
Welcome to the guide you’ve been waiting for! We’re going to break down the top reasons green card marriage applications are denied by the United States Citizenship and Immigration Services (USCIS), so you can avoid these common mistakes and boost your chances of success.
We’ll cover everything from missing paperwork to ineligibility issues—and trust me, you don’t want to miss this!
Let’s get started!
1. Insufficient Proof of a Bona Fide Marriage
Alright, folks! One of the top reasons for green card marriage denial is not providing enough proof that your marriage is real which is a big red flag for immigration law. Yes, you heard it right! USCIS (that’s U.S. Citizenship and Immigration Services) wants to make sure your relationship is genuine. They aren’t looking for just a marriage certificate—you’ve got to show that you live together, share financial responsibilities, and plan a life together.
What do they want to see? Here’s the scoop:
- Joint financial documents like bank accounts or credit card statements. Showing that you and your spouse handle finances together is one of the strongest ways to prove you’ve got a bona fide marriage.
- Proof of living together: Things like joint utility bills or lease agreements will show that you’re sharing a home.
- Personal evidence like photos of you and your spouse with family and friends, or certificates of birth if you’ve got children.
If you don’t provide this evidence, USCIS may think you’re not in a genuine marriage and could deny your green card application. So, be thorough—gather everything that shows you’re living a real married life.
If you find yourself in this messy situation, and ask “why would my green card application be denied?”, it might be best for you to contact an experienced attorney who specializes in immigration law and marriage based green cards to help you through the immigration process.
2. Mistakes on Your Green Card Application
Now, let’s talk about the dreaded paperwork mistakes during the immigration application. USCIS is not forgiving when it comes to errors on your green card application, not just with not being able to meet eligibility requirements. Missing signatures, incorrect information, or failing to include translations for non-English documents can all result in a denial.
Common mistakes include:
- Not providing translations: Every document in a foreign language, like your certificates of marriage or certificates of birth, must come with a certified English translation.
- Missing signatures: Both you and your spouse need to sign where required. Only “wet ink” signatures (real ones!) will do.
- Incorrect fees: The fees can range from $1,340 to $3,005 depending on your situation. Always check the current fees before submitting.
- Not completing the forms: Always fill in every field. If a question doesn’t apply to you, mark it as “N/A” (Not Applicable) instead of leaving it blank.
Even small errors can be a reason for green card applications denial, so it’s essential to go over every detail carefully. If you’re unsure about something, it’s always a good idea to consult an experienced immigration attorney to make sure everything is in order.
3. Failure to Meet Financial Requirements
Let’s talk money. The U.S. government doesn’t want anyone who gets a green card to become a financial burden. So, the spouse who is sponsoring the green card needs to prove they can financially support the applicant.
Here’s what’s needed:
- Your sponsoring spouse must show they earn at least 125% of the Federal Poverty Level. This is usually done with recent tax returns, pay stubs, or other documents for finances.
- If the sponsoring spouse doesn’t meet the income requirement, don’t panic! You can either use household members’ income, assets in place of income, or get a co-sponsor, such as a family member or close friend, who can prove they meet the income requirement.
If USCIS thinks your spouse won’t be able to support you, your green card application will be denied. So, make sure you’ve got the financial side of things in order before applying!
4. Issues with Eligibility to Apply from Inside the U.S.
Here’s where things can get a little tricky. Not everyone can apply for a green card from inside the U.S., even if they are married to a U.S. citizen or green card holder.
Some situations that might make you ineligible include:
- Entering the U.S. on a tourist visa and then applying for a green card within 60 days of arriving. If you do this, it might look like you planned to apply for the green card all along, which could lead to a denial.
- Entering illegally: If you came into the U.S. without being inspected by immigration officials, you’re not eligible to apply for a green card from inside the U.S.
- Entering on a J-1 visa: If you came to the U.S. 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.
In these cases, you’ll have to apply from outside the U.S., usually at a U.S. embassy or consulate. Not sure if you’re eligible to apply from inside the U.S.? An experienced immigration attorney can help you figure it out!
5. Criminal Records and Other Ineligibilities
This one’s important—criminal records or certain medical conditions can make you ineligible for a green card. Here’s what you need to know:
- Criminal records: Not all criminal records will get your green card denied, but some can. If you or your spouse has a criminal history, especially related to immigration fraud, you could be ineligible.
- Medical conditions: Certain medical conditions, such as having a communicable disease or a history of drug abuse, could lead to a denial.
- Misrepresentation: If you lie or mislead immigration officials at any point in the process, that’s fraud. Even a small lie can be enough to get your application denied.
Even if you have a criminal record or a medical issue, you might still be able to get a waiver. An immigration attorney can help you figure out if you qualify for one of these waivers and guide you through the immigration process.
6. Incomplete or Missing Supporting Documents
You need to make sure that all your paperwork is complete, and all the necessary supporting documents are included. Forgetting to attach an essential document is a common reason green card applications get denied.
Here’s a list of some important documents you need:
- Certificates of marriage and birth certificates
- Financial documents like tax returns and pay stubs
- Photos, utility bills, joint bank statements—anything that proves your marriage is real and not for immigration benefits
Incomplete documentation can really delay or even stop your application in its tracks, so make sure to check everything carefully before submitting.
7. Problems During the Green Card Interview
Ah, the green card interview—this is where things can either go smoothly or take a turn for the worse. USCIS uses this interview to determine if your marriage is authentic. If your answers don’t line up with the information in your green card application, or if the officer suspects you’re committing marriage fraud, things could go downhill fast.
What to expect:
- You’ll be asked questions about your life together, how you met, your daily routines, and more.
- Make sure you’re prepared! If you and your spouse don’t know basic things about each other, like favorite foods or what side of the bed you sleep on, the officer may get suspicious.
Practice before the interview, be honest, and you’ll do just fine. And remember, if you’re ever in doubt, it’s always a good idea to get advice from an immigration lawyer who can help you prepare.
Conclusion
There you have it—those are the top reasons green card marriage applications are denied. From mistakes in your application to eligibility issues, understanding these common pitfalls can help you avoid them and increase your chances of getting your green card approved.
Whether you’re just starting the green card application process or already preparing for your interview, take your time, be thorough, and consult an experienced immigration attorney if you have any doubts. The process might seem long and detailed, but with the right preparation, you can succeed.
FAQs
1. Can my green card be denied because of my spouse’s financial situation?
Yes, if your spouse doesn’t meet the income requirements (125% of the Federal Poverty Level), your green card could be denied. You can, however, use a co-sponsor or household members’ income to meet the requirement.
2. What happens if I make a mistake on my green card application?
Small mistakes can lead to a denial, so it’s important to double-check everything. If your application is denied due to errors, you may need to reapply, which will delay the process.
3. Can a criminal record lead to my green card being denied?
Yes, certain criminal records can make you ineligible for a green card. However, some cases may qualify for a waiver, which an immigration attorney can help with.
4. What documents should I include in my green card application?
You should include marriage certificates, birth certificates, financial documents, photos, and anything that proves your relationship is genuine.
5. Is the green card interview difficult?
It can be challenging if you’re not prepared. The interviewer will ask personal questions to verify that your marriage is real. Practice with your spouse, answer honestly, and make sure your answers match the information in your application.