Navigating the Path to a Green Card: Top 6 Reasons Marriage-Based Applications Face Denial (and How to Ensure Success)

Securing a green card based on marriage to a U.S. citizen or lawful permanent resident is a significant step towards building a life together in the United States. At the Law Office of Andrew R. Sones, serving clients globally from our base in Delray Beach, Florida, we understand the hopes and dreams tied to this process. Unfortunately, many well couple face unexpected hurdles and denials, especially in an uncertain immigration landscape.

As an experienced immigration attorney and member of the American Immigration Lawyers Association (AILA), Andrew R. Sones is dedicated to guiding you through this complex journey. To help you navigate the process smoothly, we've compiled a list of some of the top reasons marriage-based green card applications are denied – and, more importantly, how to avoid these common pitfalls.

1. Insufficient Evidence of a Bona Fide Marriage

The Problem: U.S. immigration authorities meticulously scrutinize the authenticity of a marriage. They want to ensure it was entered into in good faith, with the genuine intention of building a life together, and not solely for immigration purposes. Weak or insufficient evidence can raise red flags.

How to Avoid It: Gather comprehensive documentation proving your shared life. This includes joint bank accounts, joint leases or mortgages, utility bills in both names, shared insurance policies (health, auto, life), travel itineraries together, photographs spanning your relationship, and affidavits from friends and family who can attest to the legitimacy of your relationship. The more detailed and varied your evidence, the stronger your case.

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2. Inconsistencies in Your Application and Testimony

The Problem: Discrepancies between the information provided in your application forms (like Form I-130 and Form I-485) and your responses during interviews can lead to serious doubts about your credibility and the legitimacy of your marriage.

How to Avoid It: Be meticulous and truthful when completing all immigration forms. Review every answer carefully with your spouse before submission. During your interview, listen attentively to the questions and provide consistent and honest answers. Working with an experienced attorney can help you prepare thoroughly for the interview process.

3. Public Charge Concerns

The Problem: U.S. immigration law aims to ensure that new immigrants are self-sufficient and will not become a public charge (primarily dependent on government assistance). If there are concerns that the foreign spouse is likely to become a public charge, the application can be denied.

How to Avoid It: The U.S. citizen or lawful permanent resident spouse typically needs to demonstrate sufficient income and assets to support their spouse. Providing detailed financial documentation, such as tax returns, pay stubs, and bank statements, is crucial. If the sponsoring spouse's income is insufficient, a joint sponsor who meets the income requirements may be necessary.

4. Past Immigration Violations

The Problem: Previous immigration violations by either spouse, such as overstaying a visa, entering the U.S. without authorization, or prior deportation orders, can significantly complicate or even bar the approval of a marriage-based green card.

How to Avoid It: Be transparent about any past immigration history when you consult with an attorney. An experienced immigration attorney Sones can assess the potential impact of these violations and explore any available waivers or legal remedies before filing. It's crucial to address these issues proactively rather than trying to conceal them.

5. Criminal History

The Problem: Certain criminal convictions of either spouse can render the foreign spouse inadmissible to the United States. The severity and nature of the crime are key factors.

How to Avoid It: Disclose all past criminal history, no matter how minor it may seem. Our office can evaluate your record and determine if any waivers are necessary. Attempting to hide a criminal record will almost certainly lead to denial and can have severe consequences.

6. Incomplete or Incorrect Forms:

The Problem: Submitting incomplete or incorrectly filled-out application forms can cause significant delays and even denials. USCIS is very particular about the accuracy and completeness of all submitted documents.

How to Avoid It: Pay close attention to the instructions for each form and answer all questions thoroughly and accurately. Working with an experienced immigration attorney can ensure qualified eyes looking over complicated forms that you will have never seen before to ensure that all forms are completed correctly and all required supporting documentation is included in your initial filing.

Protect Your Future Together: Contact the Law Office of Andrew R. Sones Today

Navigating the marriage-based green card process can be complex, but you don't have to do it alone. At the Law Office of Andrew R. Sones in Delray Beach, Florida, we provide experienced and personalized legal guidance to couples worldwide. Attorney Andrew R. Sones is dedicated to helping you avoid these common pitfalls and achieve your immigration goals.

Schedule a free consultation today to discuss your case at http://www.calendly.com/imm-law

Phone/WhatsApp: +15616001166

About Us: https://www.soneslaw.com/about

Contact Us: https://www.soneslaw.com/contact

Let our expertise be your guide on the path to a successful marriage-based green card. We look forward to helping you build your life together in the United States.