Complications and Denials

To prove that your marriage is genuine for immigration purposes, you need to provide substantial evidence showing that your relationship is real and not solely for obtaining a green card. Key evidence includes documents demonstrating shared life commitments, such as joint bank account statements, shared leases or mortgage agreements, utility bills with both names, and joint tax returns. Photos of the two of you at significant events, trips, or with family members are also helpful. Affidavits from friends and family who can attest to your relationship are another good way to demonstrate authenticity. The more evidence you provide that shows your lives are intertwined—such as proof of shared finances, insurance policies, or messages and correspondence—the stronger your case will be.

If you and your spouse separate or divorce during the green card process, it can complicate your application. If you are still in the process of adjusting your status or awaiting approval, USCIS may deny the application since your eligibility is based on being married to a U.S. citizen or permanent resident. However, if you have a conditional green card and divorce before removing the conditions, you can still apply to remove conditions by filing Form I-751 with a waiver. You will need to prove that the marriage was genuine and not for immigration purposes, even though it ended. The burden of proof becomes higher in these situations, and you may need substantial evidence to support your case. You should strongly consider working with an immigration attorney in this situation.

Yes, you can appeal a marriage-based green card denial, but whether it’s the right option depends on the reasons for the denial. To appeal, you would need to file Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the denial notice. You can either request that USCIS reconsider its decision (a Motion to Reconsider) or that they reopen your case to consider new evidence (a Motion to Reopen).

Alternatively, you can take your appeal to the Administrative Appeals Office (AAO). Keep in mind that appeals can be complex, requiring strong legal arguments and, sometimes, additional evidence to counter the reasons for denial. In some cases, it might be simpler to correct the issues and reapply instead.

If your marriage-based green card is denied, it’s important to understand why so you can decide your next steps. Common reasons for denial include missing documents, inconsistencies in your application, insufficient evidence of a genuine marriage, or issues in your immigration history. Once you receive a denial notice, you may have options like filing a Motion to Reopen or Reconsider if you believe there was an error in the decision.

You can also appeal the decision to the Administrative Appeals Office (AAO) or reapply if the issues that led to the denial can be resolved. If you’re in the U.S. and your application is denied, you might also face removal proceedings, so it’s crucial to act quickly. Having an experienced immigration attorney can make a big difference in these cases.