In FY 2024, U.S. Citizenship and Immigration Services (USCIS) received 873,073 Form I-130 applications, the initial step in any family-based green card application, including marriage-based ones. Of these, 133,251 applications (15%) were denied.

Even with a marriage green card application that appears straightforward and without red flags, many applicants feel anxious due to the high stakes involved. If you find yourself unable to sleep, worrying about potential reasons for denial, remember that USCIS shares the same objective as you and your spouse: ensuring that eligible couples with genuine marriages can reside together in the United States.

While marriage-based green card applications generally have a high approval rate, but denials are still possible.

Marriage-Based Green Card Eligibility 

You might qualify to apply for a marriage-based green card if you are married to a U.S. citizen or permanent resident. While being married to either is a prerequisite for lawful residency in the U.S., it does not automatically guarantee green card approval. The three most essential factors in the marriage-based green card application process are:

1. Demonstrating the genuineness of your marriage;
2. Ensuring that you (the citizen or lawful resident) meet all the sponsorship requirements for a marriage-based green card;
3. Confirming that the beneficiary foreign national spouse is eligible to attain lawful permanent residency in the U.S.

The approval or denial of your petition will hinge on your ability to convincingly prove these three factors. You will go through each of the subsequent stages:

Reasons That A Marriage-Based Green Card Application Is Denied

Not being able to Demonstrate a Legitimate and Bona Fide Marriage Relationship

The fundamental aspect of your green card application is proving that you and your spouse have a legally recognized marriage and that your relationship is genuine. This marital union is the cornerstone of your eligibility for a green card.

The initial step involves demonstrating that you possess a valid, legally recognized marriage. In straightforward cases, USCIS requires a copy of your marriage certificate. However, complications may arise. Your marriage must be valid and legally recognized in the jurisdiction where you were married, and you must demonstrate that any previous marriages were terminated before your current marriage began, either through divorce certificates or death certificates of former spouses.

Here are some scenarios where you might encounter difficulties in proving the legality of your marriage:

• One spouse’s divorce wasn’t finalized until after you were married.
• You are a same-sex couple who married in a country that doesn’t officially recognize same-sex marriages.
• Your marriage wasn’t legally recognized in the country where you got married due to other reasons, such as restrictions on interfaith marriages.

The next step in establishing your marital relationship is proving its genuineness, rather than being solely for the purpose of obtaining a green card. You and your spouse must provide evidence of your relationship and shared life, such as financial documents, photographs from joint trips, and birth certificates of any children, if applicable, to demonstrate the authenticity of your marriage. Check out our article for further information on verifying the authenticity of your marriage.

Errors in the Marriage-Based Green Card application Package

Common mistakes often lead to green card application denials. It’s crucial to carefully review all application materials before submitting them to USCIS. The most prevalent errors include:

1. Lack of translations: Any non-English documents, like birth or marriage certificates, must be translated accurately into English, with both versions included in the application package. Translations must be certified, indicating the translator’s name, address, signature, and the completion date.
2. Incomplete form submissions: Ensure all sections of the green card application forms are filled out entirely. If a question doesn’t apply, mark it as “N/A” (not applicable).
3. Photo discrepancies: The application necessitates passport-style photos meeting specific government criteria, available at most drug stores.
4. Insufficient fees: Required filing fees for marriage-based green cards vary, ranging from $1,340 to $3,005. Refer to the current USCIS fee schedule for accurate information.
5. Absent signatures: Both you and your spouse must sign all requisite sections with original (“wet ink”) signatures, as USCIS doesn’t accept digital signatures.

Lack of adequate financial support

As part of the marriage-based green card process, the sponsoring U.S. citizen or green card holder must demonstrate adequate financial capability to support their spouse. USCIS typically mandates that the sponsoring individual earns at least 125% of the Federal Poverty Level for their spouse to qualify for a green card. This is commonly substantiated by providing copies of the sponsoring spouse’s federal tax returns and/or recent pay stubs.

Alternative methods to prove sufficient financial resources include income from other household members, asset verification in lieu of income, or financial sponsorship by a family member or friend.

Ineligible to submit Marriage-Based Green Card application from within the United States

Merely being married to a U.S. citizen or green card holder does not guarantee eligibility to apply for a green card within the United States.

• If you arrived in the U.S. as a tourist (either on a tourist visa or under the Visa Waiver Program) and applied for a green card within 60 days of arrival, your application may face denial unless you can prove that you did not intend to seek a green card upon entry.
• If you entered the U.S. illegally, you cannot apply for a green card from within the country. In such cases, you would need to request a “provisional unlawful presence waiver” and then pursue a green card at a U.S. embassy or consulate in your home nation.
• For individuals who entered on a J-1 exchange visitor visa, fulfilling a two-year residency requirement in their home country might be necessary unless a waiver is obtained.
• Those who entered on a C-1/D “crewman visa” are ineligible to apply for a green card from within the U.S.
• Individuals currently undergoing removal proceedings are not eligible to apply for a green card within the U.S.
• If you originally arrived on a K-1 fiancé(e) visa sponsored by a different partner and did not marry that individual, you typically cannot apply for a marriage-based green card.

Not be eligible for Marriage-Based Green card

There are certain circumstances that can render you or your spouse unequivocally ineligible to acquire a Marriage-Based Green card. These circumstances include:

• Certain criminal records: Some (but not all) types of criminal backgrounds could render you or your spouse ineligible to apply for a green card. The regulations differ for green card sponsors and applicants.
• Certain medical issues: If the spouse seeking a green card has a communicable illness, a mental disorder, or a history of substance abuse, they might be ineligible for a green card. For more information, refer to our article on the green card medical examination.
• Lies and misrepresentations: Any form of misrepresentation or dishonesty to immigration officials is considered fraudulent and will hinder your green card approval.

Even for someone who is otherwise ineligible for a marriage-based green card due to a criminal record, a medical issue, or prior immigration fraud, it may be possible to qualify for a “waiver of inadmissibility.” Typically, USCIS will only grant such a waiver when presented with proof that a U.S. citizen or green card holder spouse would suffer “extreme hardship” if his or her spouse could not live in the United States.