Marriage-based green cards are one of the most popular immigrant categories. This process is also heavily scrutinized by immigration officers due to the prevalence of fraud. However, based on a VisaNation analysis of USCIS Data, USCIS has approved nearly 86% of the family-based adjustment of status petitions received in FY 2025. This goes to show that with a well-prepared petition, denials can be avoided. This article walks you through the most common denial reasons, steps to take after denial, and how to prevent a denial altogether. The marriage-based green card process can be complex – VisaNation is here to help.
Bring Your Spouse to the U.S.
What is the Marriage-based Green Card Denial Rate?
According to data published by USCIS in FY 2025, Quarter 2 (January-March 2025) data, 26,572 family-based adjustment of status applications, which included marriage-based petitions, were denied. These rejections accounted for 187,755 applications, resulting in a 14% denial rate for family-based green card applications in early 2025.
According to Visanation lawyers, marriage-based green cards are now facing increased scrutiny, especially with interviews being brought back as a requirement. Essentially, applicants need to be prepared to prove their bona fide relationship.
What Are the Causes of Marriage-Based Green Card Denial?
Marriage-based green card applications are most often denied or delayed when applicants cannot convincingly prove the marriage is genuine or fail to meet all documentation, financial, and eligibility requirements. Each stage of the green card process is highly scrutinized by immigration officials and, therefore, requires close attention to detail.
The most common marriage-based green card denial reasons include:
1. Failure to Prove the Legitimacy of Your Marriage
Proving the authenticity of your marriage is the most important aspect of a marriage-based green card, and USCIS officers closely inspect each document you submit to ensure the marriage is real. USCIS must be convinced that the marriage is bona fide and that it is not a fraudulent union with the sole purpose of immigration.
Failure to provide a recognized marriage certificate and other supporting documents that demonstrate a real marriage is one of the top reasons for denial. Additionally, any red flags that appear throughout the process could result in having the immigration officers interview you and your spouse separately to determine if your answers match.
Not sure which documents you need? Let us review.
2. Incorrect Forms Filed
Filing the wrong form at any stage of your application process is one of the causes for denial. Missing, omitted, incorrect, or inconsistent information on these forms can also result in delays and possibly a denial of the application.
TIP: The edition dates on the government forms are constantly being updated. Ensure that you are filling out the most current version of the form directly from the USCIS website!
3. Submitting Incorrect Filing Fees
There is a fee for each marriage-based green card form that must be submitted along with each of the forms. Filing the incorrect fees could lead to a rejection of your petition.
*Government fees are subject to change at any time, so always double-check the USCIS website for the most current fees.
4. A Previous Marriage Did Not End
If either spouse was in a previous marriage and has a pending divorce, you are still legally married. This will bring up issues in the marriage-based petition. Your previous marriage needs to be officially terminated before getting married and filing a marriage-based green card petition.
5. Inability to Prove Financial Requirements
The petitioning spouse must prove that they have sufficient income or resources to support the beneficiary (immigrant) financially after entering the U.S. The government takes measures to ensure immigrants do not become a public charge. Becoming a public charge means relying on the government for expenses, which primarily include Medicaid, SNAP, housing, etc.
If the sponsor fails to show evidence of at least 125% of the federal poverty guidelines, then you will need to include one or more of the following or it will result in green card denial:
- A joint sponsor: another U.S. citizen or LPR who files a separate Form I-864 and must meet the 125% income requirement all on their own.
- Include your assets in the submission to show that you meet the income requirement.
- Use assets: you can use assets to cover the income shortage. The rule is that the total net value of the assets (cash, stocks, real estate) must be at least three times the shortfall.
- Use the beneficiary spouse’s income: this can be used only if it is from a lawful source and will continue from the same employer after they arrive in the U.S. Income from a job they will be leaving does not count.
Need help determining if you meet the income requirement?
6. Inadmissibility on Health Grounds
As part of the green card process, you must undergo an immigration medical examination. The exam will be conducted by a USCIS or U.S. embassy-designated physician, and the result will be used to determine whether you have any health issues that make you ineligible to immigrate to the U.S.
Things that could result in a green card denial could include an active, untreated case of a transmissible disease such as syphilis, or harmful behavior that may pose, or has posed, a threat to the property, safety, or welfare of the applicant or others. Examples of this could include a mental health diagnosis alongside violent behavior or current drug abuse/addiction.
If it is discovered that the beneficiary has any communicable disease that might pose a threat to the U.S. public health, or if the beneficiary has a substance abuse disorder, your green card application may be denied on health grounds.
7. Criminal Record
Previous criminal charges may lead to a green card denial. In the green card application process, you will need to provide police checks of the countries you have lived in since you were 16, including:
- Your country of nationality, if you lived there for 6 months or more.
- Your country of residence, if you live there now and have for 6 months or more.
- If you lived in any other country for 12 months or more.
- Any country where you were arrested, regardless of how long you lived there.
Additionally, you must provide biometrics, which can tie you back to any crimes. Failure to disclose this in your application is another reason for denial.
Importantly, not all crimes will result in an automatic denial. Additionally, waivers can be applied in specific circumstances. It is advisable to speak with an experienced immigration attorney to discuss your options.
8. Missing Information
The marriage-based green card application has multiple steps, each of which requires highly specific information from each applicant. The documents must be submitted along with the required form. Sometimes, when there’s a missing document, USCIS may send you an RFE (Request for Evidence). Failure to provide the requested evidence may affect your chances of being approved.
Examples of documents include: Marriage certificate, birth certificate, tax Transcripts, previous visas, etc.
9. Inappropriate Passport Photograph
A passport-style photograph is one of the mandatory items needed for your application. The size, color, and background must abide by Department of State Guidelines.
10. Failure to Attend Interview
The immigration interview is the last stage of your application process and must be attended whether you are in or outside the U.S. This is a crucial part of the journey, as your green card can be denied here even if your I-130 has been approved. You will be sent a notice of your interview date, venue, and time. If you must miss your appointment for some reason, you will need to notify the immigration office after receiving the notice and reschedule another appointment for your interview.
Failure to attend or respond to your interview notice may lead to eventual denial.
11. Interview Performance
The officers interviewing for marriage-based green cards often scrutinize marriage-based cases more than they do interviews for other visas. Marriage-based green card interview questions are typically personal to help establish the kind of relationship that exists between you and your spouse.
The interviewing officer will examine your composure and how you answer the questions before deciding on your case. Providing conflicting information, appearing deceptive, or showing a lack of knowledge about your spouse’s basic life details can be very costly.
What Happens if You’re Denied at the Interview?
If your marriage-based petition is denied during the interview, you will most likely be issued a Notice to Appear (NTA), and in certain cases, you may be eligible to file an appeal, requesting USCIS to reconsider your case. However, VisaNation is seeing trends in policy, where denials during the interview are leading to people being placed in removal proceedings.
VisaNation prepares all your forms!
How to Avoid Marriage-Based Green Card Denial
Taking the right steps ahead of time and going through the process the right way can help you avoid a costly denial. Here are some ways to prevent this:
File Forms and Documentation Appropriately
You must clearly understand what is required of your specific case, both as the petitioner and the beneficiary. You need to be sure that you are both eligible, and you must be thorough in filing the right forms and ensuring no necessary information is missing. Double-check every form and document, sign all forms where appropriate, before submitting.
USCIS will check whether you have provided all of the necessary documents and forms first, before allowing you to progress to the next stage.
Prepare Well for the Interview
The interview stage is another very important aspect. Both the petitioner and beneficiary will likely be interviewed along with any dependent whose name appears on the petition (though the interview may be waived for a minor under the age of 14). Before the interview date, review all of the documents together to avoid giving contradicting statements at the interview. You may be given a joint family interview or interviewed separately.
Involve an Experienced Attorney
While you may choose to go through the green card application process without any help, hiring an immigration lawyer remains the best way to guard against denial. An attorney with years of experience in marriage-based green card applications will help you prepare your petition as well as file the forms and documents the right way. During your interview, your attorney will also be there to give you the needed counsel and legal representation.
Speak to a VisaNation Attorney!
Can a Criminal Record Cause a Denial?
Yes, there are certain criminal convictions that will cause a denial. If you have a prior conviction involving an aggravated felony, moral turpitude, or drug-related offense, you will most likely be inadmissible to receive a green card.
What to expect in a marriage-based green card interview with a criminal record?
In a marriage-based green card interview, if either individual had a prior arrest or any criminal record, they need to disclose that information if asked. Hiding any information will not be beneficial, as everything will pop up in the background. The officer may request those previous criminal records, and you should be prepared to answer their questions about the crime.
It is advisable to carry court documents from the previous convictions, even if your criminal record has been expunged.
Marriage-Based Green Card Denied: What to Do
If your green card application is denied, immigration law makes provisions through which you can file an appeal or a motion on the decision.
NOID (Notice of Intent to Deny)
If you received a Notice of Intent to Deny (NOID) that does not mean that your application was denied, it means that your petition is at risk of being denied. Don’t panic, as this letter provides the opportunity for the applicant to review and respond to the matter raised by the USCIS officer.
Ex: The officer may request further information as they noticed discreptancies with where the couple lived together. In this scenario you could respond with evidence to show where the two of you lived very clearly.
Appeal
An appeal is made to the USCIS Administrative Appeals Office or the Board of Immigration Appeals. Filing an appeal means you are requesting a third party to review the decision. You must submit the appeal within 30 days after the decision is made using the form and the address shown on the decision notice. Generally, a well-filed request will be reviewed within 180 days by the AAO. However, these third parties do not make a habit of overturning USCIS decisions.
Motion to Reopen or Reconsider
A motion is a request made to the same office that issued the decision to reopen or reconsider it based on newly available facts or an incorrect application of the law. Most motions are filed using the I-290B, and most USCIS field offices try to adjudicate motions within 90 days.
Does Filing An Appeal or Motion Change the Decision?
Unfortunately, filing an appeal or motion doesn’t delay the already issued decision from going into effect. For instance, if the decision includes a departure date, the appeal or motion cannot extend the date. Although there are some success stories of green card appeals, it is always better to prevent the denial from happening in the first place. If you must file an appeal or a motion, it is advisable to consult an immigration attorney first.
How VisaNation Can Help
Over the past few years, marriage-green cards have been facing increased scrutiny. To protect yourself, you should involve an experienced marriage-based immigration attorney in your application process.
VisaNation Law Group immigration lawyers have helped countless clients file and acquire their marriage-based green cards. For a petition that has already been denied, they can help you take the appropriate next steps. Also, if you need help applying for your green card, they will help you file the petition and avoid any chances of leading to a denial.
Marriage-Based Green Card Denial FAQs
How often do marriage green cards get denied?
So far in FY2025, 14% of family-based green cards, which include marriage-based green cards have been denied.
What are the approval rates for marriage green cards?
So far in FY 2025, nearly 86% of family-based adjustment of status petitions, which include marriage petitions have been approved.
What does a NOID mean?
A NOID is a Notice of Intent to Deny a petition, which doesn't mean a denial, but you need to respond to notice to avoid getting the petition denied.
Why would a marriage green card be denied?
Common reasons for a marriage green card denial include: Lack of proof of genuine marriage, errors in forms or fees submitted, failure to meet financial requirements, previous marriage not ending, inadmissibility for health/criminal reasons, or poor interview performance.
What happens if USCIS denied my marriage application?
If USCIS denied your marriage application, then you should seek legal advice, as an attorney will need to evaluate the reason behind the denial and what the next possible steps are. This doesn't mean the end of the road for you!
Do they check for previous marriages when applying for a marriage green card?
Yes, USCIS looks at previous marriages when you are applying for a marriage green card. If your previous marriage was not legally terminated, then this will raise issues in your marriage-based green card application.
How long do marriage green cards last?
If the marriage was under two years, then you will be issued a conditional two-year green card, and if the marriage was over two years, then you will be issued a 10-year green card.