What to Do If Your Marriage Green Card Application Is Rejected
Receiving a letter stating that your marriage-based green card application has been refused can be unsettling. We know how distressing it can feel, especially if your plans revolve around making a stable life in the United States.
Wogwu Law, PLLC, understands these worries and aims to offer a clear path forward. Whether the problem lies with missing paperwork, questions about the authenticity of your marriage, or another obstacle, there is still a chance to correct things and move ahead.
Initial Steps After a Green Card Denial
Bouncing back from a denial involves patience and a calm strategy. Take a moment to collect your thoughts and examine your situation. The next few steps can lay the groundwork for resolving the problems that caused the denial.
- Review the Denial Notice Thoroughly: The notice from USCIS often clarifies why your application was turned down and whether you have any appeal rights. Save this document in a safe place because it gives you directions about appeals or motions.
- Examine Your Current Immigration Standing: Make sure you know if your existing visa or allowable time in the U.S. has expired. If you remain without a valid status, you could face removal proceedings at any moment, so it’s wise to move rapidly.
- Speak with an Immigration Attorney: Guidance from a legal professional can help you decide how to tackle your next steps. They can also recommend ways to rectify errors or strengthen your case if you choose to reapply or file a motion.
Common Reasons for Marriage Green Card Denials
Many couples assume their case will pass without obstacles. When a refusal happens, it can feel shocking. Understanding typical reasons for denial might help you address the core problems before your next filing.
Insufficient Evidence of a Valid Marriage
USCIS looks for proof that your relationship is genuine, not just a means for immigration status. A lawful marriage certificate is needed, and if there were past divorces or dissolutions, keep that paperwork on hand. Same-sex marriages must be valid in the jurisdiction where the wedding took place.
Mistakes and Omissions in the Application Package
Errors on official forms often lead to a refusal. Always attach English translations for any document in another language, and ensure you fill in all parts of each form. Remember to include correct fees, signature pages, and standard passport-sized photos that meet formatting guidelines.
Insufficient Financial Resources
The petitioner must prove they can handle the financial support of the spouse at 125% or above the Federal Poverty Level. If that bar seems high, you can count on help from household members, documented assets, or a joint sponsor. Without these, a financial shortfall can lead to denial.
Ineligibility to Adjust Status within the U.S.
Some couples assume that marriage to a citizen or green card holder allows them to adjust their status inside the country right away. However, prior stay violations, improper entry, or a tourist arrival with immediate marriage intentions can be red flags. Individuals who entered under a J-1 exchange program might face a two-year requirement outside the U.S. unless they qualify for a waiver.
Others face ineligibility if they arrived on a C-1/D crewman visa or if they were placed in removal proceedings. Or, if someone used a K-1 fiancé(e) visa sponsored by a different partner and never married them, that person typically cannot adjust status through a new marriage.
Other Ineligibilities
Certain convictions, certain health-related factors, or dishonest statements on immigration forms can result in a permanent bar. Officials take fraud seriously, and any false statement can block future approvals. Still, you might request a waiver in narrow situations by showing hardship to a U.S. spouse or permanent resident spouse.
Below is a simple table showing some frequent denial triggers and possible fixes:
| Reason for Denial | Potential Fix |
|---|---|
| Insufficient Evidence of Real Marriage | Provide more documentation (photos, joint accounts, affidavits) |
| Unfinished Past Divorce or Not Legally Married | Secure valid divorce decrees, confirm the marriage is recognized |
| Wrong Filing Fees or Missing Signatures | Follow USCIS instructions carefully, double-check forms |
| Lack of Sufficient Income or Support | Obtain a joint sponsor or show acceptable assets |
| Prior Immigration Violations | Consider waivers or alternate filing routes if available |
Available Options After a Denial
All is not lost if the government denies your application. There are avenues you can explore to keep your family together. Speak with a trusted immigration attorney to decide which route fits your scenario.
Appeal the Decision
Appeals generally go to the Administrative Appeals Office (AAO), which reviews whether the official made a mistake. Your denial notice should state if you have this right and the deadline involved. The AAO examines the original record and any new arguments to see if USCIS supervisors applied the law correctly.
File a Motion to Reopen or Reconsider
A motion to reopen uses fresh facts and evidence that were not available before, such as newly obtained records. A motion to reconsider, on the other hand, argues that the decision was incorrect even without new facts. Both requests typically involve filing Form I-290B, so follow the instructions precisely and add compelling details.
Filing a Separate Suit in Federal Court
This path may come into play for cases that involve legal questions beyond standard immigration rules. Federal courts can intervene if you feel your application was refused incorrectly based on law. However, it is usually wise to seek an attorney’s help to determine if this step is worth pursuing.
Removal Proceedings
A denial can pave the way for deportation proceedings if you are out of valid status. You should attend all court sessions and present a defense with your removal defense lawyer’s support. Missing a hearing could result in a removal order and a ban from the U.S. for a decade.
As part of the removal proceedings, you might get another shot at your green card application in front of an immigration judge. This is a complex path, so take it seriously.
Seek Legal Guidance
Professional advice is useful from the earliest steps. Well-trained counsel can spot issues, gather all necessary documentation, and reduce the chance of errors. Even if you wait until after the refusal, it is still beneficial to seek help with the appeal or motion process.
Need Assistance with Your Immigration Case? Contact Wogwu Law, PLLC
Feel free to call us at 210-972-4480 for a detailed approach to your next move. You can also visit our Contact Us page to send a message about your case. We are here to talk through your concerns, propose workable steps, and work hard for positive outcomes under the law.