Green Card Denials (2020-Present): Common Reasons and Remedies

Table of Contents

• Table of Contents
• 1. Suspicion of Marriage Fraud or Lack of Bona Fide Evidence
• 2. Incomplete, Incorrect, or Missing Documentation
• 3. Insufficient Financial Support (Public Charge Concerns)
• 4. Prior Immigration Violations or Inadmissibility Issues
• 5. Failure to attend USCIS Appointments (Interviews or Biometrics)
• 6. Other Inadmissibility Grounds (Criminal, Medical, Security)

---

1. Suspicion of Marriage Fraud or Lack of Bona Fide Evidence

One of the top reasons for denial is failure to convince USCIS that the marriage is legitimate and not entered solely for immigration benefits. By law, the couple must prove two things: (a) they have a valid marriage (legally recognized, with any prior divorces finalized) and (b) the marriage is genuine (bona fide) – not a sham. If the evidence is weak or the couple’s interview raises red flags, USCIS may suspect fraud and deny the case. In fact, “lack of evidence of a bona fide marriage” is often cited in denials when couples don’t provide enough proof that their relationship is real (e.g. joint finances, shared residence, photos, or personal documents).USCIS might also issue a Notice of Intent to Deny (NOID) if they are unconvinced, giving the couple a final chance to submit more evidence before denial.

How to Address a Denial for Suspected Fraud: If USCIS denies your petition under INA 204(c) (fraud/misrepresentation), take it seriously – such a finding can bar any future visa petitions for the beneficiary. However, if your marriage is genuine, you have options:

• Appeal or Motion to Reopen: You may file Form I-290B to appeal to the Administrative Appeals Office or to reopen the case, especially if you can present new evidence that the marriage is real or show USCIS erred. For example, one family fought a fraud-based denial via an appeal and succeeded in getting the decision overturned. This path can be time-consuming, but it might be necessary to clear your record of a fraud finding.
• Reapply with stronger evidence: If no permanent fraud bar was applied (or after overturning it), you can submit a new I-130/I-485 package. This time, bolster every aspect of your bona fide marriage evidence – joint bank statements, mortgages or leases, insurance policies, affidavits from friends and family, photos spanning your relationship, etc. Address the weaknesses of your last application directly (for instance, if a prior divorce wasn’t proven to be final, include certified divorce decrees). Be prepared to explain inconsistencies that may have raised suspicion. If you choose to reapply, make sure to include additional documentation that addresses the reasons for the initial denial. This could involve gathering more proof of your relationship's legitimacy, such as joint financial records, affidavits from friends and family, or other relevant evidence.

Preventative Tips: To avoid a fraud suspicion in the first place:

• Document your lives thoroughly: Include ample evidence of your life together from the start. Joint financial documents and cohabitation proof carry a lot of weight. If you don’t have traditional documents (e.g. you lived apart before marriage), provide alternative evidence (travel itineraries, correspondence, photos with each other’s families, etc.).
• Ensure consistency: Inconsistencies between your forms and interviews can trigger doubt. Double-check that dates and personal details (how you met, important life events) are consistent across your application and interviews. Prepare for the interview together, going over key history to present a unified story (while of course telling the truth).
• Be mindful of timing: Marrying shortly after a U.S. entry on a non-immigrant visa can raise red flags about your original intent. If it applies to you, be ready to prove that your plans changed genuinely and you did not misrepresent your intent to the immigration officer at entry. Providing evidence of how your relationship progressed to marriage can help counter the “too fast, must be fraud” presumption.

2. Incomplete, Incorrect, or Missing Documentation

Another common reason for marriage green card denials is simply failing to submit all required forms. Even minor errors can derail your case. Common mistakes include:

• Missing signatures: each form must be signed in ink by the right person.
• Blank field: every question should be answered, or marked “N/A” if not applicable.
• Missing certified translations: for any document not in English, you must provide a certified translation with the original document.
• Incorrect filing fees or wrong filing address: which can lead to rejection of the package.
• Wrong form version: USCIS updates forms periodically, so make sure you’re using the latest version from their website.

How to Address a Denial for Documentation Error:

• If you missed an RFE or NOID deadline: Act quickly. You may still be able to submit the requested evidence or correct the error, but you must do so within the timeframe specified in the notice. A denial for “failure to submit requested evidence” is considered an “abandonment denial” – you cannot appeal it, but you can file a Motion to Reopen (Form I-290B) usually within 30 days. In the motion, explain any good cause (e.g. you never received the RFE or you mailed a response that USCIS claims it didn’t get) and provide the evidence requested. If USCIS acknowledges their own error (for example, if the denial notice was sent to the wrong address), they may reopen on their own; otherwise, a well-documented motion is the way to go.
• If filing mistake (omission or improper filing) Often the fastest solution is to correct the errors and refile a new application. Refiling is “without prejudice,” meaning the new application isn’t tainted by the previous one’s errors, aside from the lost time and fees. Double-check every detail or get an attorney/service to review your new packet before sending. In the example of the forgotten signature, for instance, the couple refiled with all signatures in place and got approval the second time.

Preventative Tips:

• Use a checklist: USCIS provides document checklists for marriage-based green cards – use them! Verify that you have included all required forms and supporting evidence (marriage certificate, birth certificates, police clearances if required, Affidavit of Support, etc.).
• Review for completeness: Before filing, do a thorough line-by-line review of every form. Ensure all fields are answered and all necessary signatures are present. It can help to have your spouse or a third party cross-check the forms against your source documents
• Do not ignore RFEs/ NOIDs: If USCIS contacts you for additional evidence, treat it with urgency. Missing the response deadline will almost certainly result in denial. Mark the deadline on your calendar and send your response well before it. If you need more time, you can request an extension within the RFE period (though these are not always granted). Always include everything the RFE asks for; an incomplete RFE response can also lead to denial
• Consider professional help: If you’re unsure about the process, consider hiring an immigration attorney or reputable preparer can help ensure all the i’s are dotted and t’s crossed. Given that even a minor error or missing signatures can lead to rejection, investing in guidance up front can save you from a costly denial.

3. Insufficient Financial Support (Public Charge Concerns)

The sponsoring spouse (U.S. citizen or permanent resident) must demonstrate adequate financial ability to support the immigrant spouse. This is to avoid the immigrant becoming a “public charge” (dependent on government aid). The core requirement is the Affidavit of Support (Form I-864), in which the sponsor (and any co-sponsor) commits to maintain the immigrant at 125% of the Federal Poverty Guidelines or above

Typically, USCIS expects to see the petitioner’s recent tax returns, W-2s, and pay stubs as proof of income, or sufficient assets if income is low If the sponsor’s income falls short and no joint sponsor or qualifying assets are provided, USCIS can deny the green card for failing the public charge requirements. In early 2020, a short-lived “Public Charge Rule” even required a new Form I-944 with extensive financial documentation; some applicants who did not submit the form or evidence were denied for that reason. (That rule was discontinued in March 2021, but the Affidavit of Support requirement remains in force as the primary public charge test.)

How to Address a Financial-Based Denial:

• Motions/ Appeals: If you actually did meet the requirements or USCIS made a mistake (for example, miscalculating your household size vs. income), you could file a Motion to Reconsider with evidence of the error. This is only likely if the denial was a clear mistake.
• Refile with a stronger Affidavit of Support: In most cases, the practical solution is to start a new application and fix the financial shortfall. This usually means adding a joint sponsor. A joint sponsor is often a family member or friend who meets the income requirement and is willing to sign an I-864 accepting financial responsibility. Alternatively, the petitioner can use household member income or prove substantial assets. When refiling, include all required supporting evidence (tax transcripts, job letter, asset proofs, etc.) to leave no doubt that the 125% of poverty level requirement is satisfied.

Preventative Tips:

• Calculate income eligibility early: Before filing, calculate your household income vs. the required level (125% of the poverty line for your household size, or 100% if the petitioner is on active military duty). Use the latest USCIS guidelines for Affidavit of Support. If the sponsor’s income is even close to the borderline, line up a joint sponsor or document assets preemptively. It’s better to overshoot the requirement than risk a denial or RFE.
• Submit all financial evidence: Include the last 3 years of tax returns (or IRS transcripts), recent pay stubs, employment verification letters, and any asset statements if used. Incomplete financial documentation is a common RFE trigger. Show USCIS clearly how you meet the standards.
• Be aware of public benefits usage: USCIS primarily looks at the Affidavit of Support, but a history of extensive welfare benefits could raise concerns. If an officer ever questions this, be ready to explain (and note that some benefits, like emergency Medicaid or WIC, are exempt from public charge considerations).
• Consider professional advice if self-employed or irregular income: Proving income can be tricky for self-employed sponsors or those with fluctuating earnings. If that’s your situation, consult an immigration attorney on how best to document your finances (for example, providing profit-loss statements, asset summaries, etc.) to avoid a finding of insufficient resources.

4. Prior Immigration Violations or Inadmissibility Issues

Being married to a U.S. citizen or green card holder does not automatically erase past immigration violations. Many denials occur because the applicant is not eligible to adjust status in the U.S. or is inadmissible to the U.S., even though the marriage itself is genuine. Common scenarios include:

• Entering the U.S. illegally (Entry Without Inspection): If the foreign spouse entered without inspection (no visa), they cannot file for a green card (AOS) from inside the U.S. under most circumstances. They would need to pursue consular processing abroad and often a provisional waiver (for unlawful presence) before returning. Couples unaware of this have had their AOS applications denied because the applicant “has no legal basis to adjust status.”

• Overstay or status violations: Overstaying a visa or violating status (unauthorized work, etc.) is forgiven for immediate relatives of U.S. citizens adjusting status – if they entered legally. However, if the petitioner is only a permanent resident, an overstay means the applicant isn’t eligible to adjust until the petitioner becomes a citizen or other conditions are met. If filed too early, that I-485 would be denied for ineligibility.

• Previous deportation or voluntary departure: If the applicant was ever ordered removed or left under a removal order, they may face a time bar (e.g. 5, 10, or 20-year ban from reentering). Filing for a green card during the ban (or from inside the U.S. with an outstanding removal order) will likely be denied unless they had obtained permission (I-212 waiver) to reapply for admission.

• Misrepresentation or fraud history: A past incident of visa fraud or lying to immigration can make the applicant inadmissible for life (subject to a waiver in some cases). For instance, if the foreign spouse misstated their marital status or intent on a prior visa application, USCIS could deny the green card due to that prior fraud, even though the current marriage is real. A waiver (Form I-601 for fraud) would then be needed to overcome this.

• Unlawful presence bars: If the spouse spent >180 days unlawfully in the U.S. and then departed before getting a green card, they triggered a 3-year bar (if >180 days) or 10-year bar (if >365 days). A consular officer would deny their immigrant visa under INA 212(a)(9)(B) unless a hardship waiver is approved. Couples sometimes don’t realize this until the visa interview ends in denial.

How to Address a Denial for Immigration Violations:

• Ineligible to adjust status: Unfortunately, if you’re not legally eligible, an appeal won’t help because there’s “no legal basis” to approve (USCIS often issues such denials without RFEs). For example, adjustment filed by someone who entered illegally is doomed to fail. The remedy is to pivot to the proper process: typically, consular processing of the immigrant visa and (if applicable) an I-601A waiver for unlawful presence. If your I-485 was denied for this reason, you can still use the approved I-130 (if it was approved) to proceed via the consulate. Tip: Get professional guidance in this scenario; leaving the U.S. could trigger bars, so a provisional waiver before departure is often critical.

• Waivable inadmissibility (unlawful presence, prior misrepresentation, certain crimes): If the denial was because you are inadmissible but eligible for a waiver, you can reapply with a waiver. For instance, after a consular denial for unlawful presence, a spouse can file an I-601 waiver (usually based on hardship to the American spouse) and, if granted, continue the visa process. If USCIS denied an adjustment for something like a criminal record that’s waivable, you might file a motion to reopen with a waiver application attached, or simply reapply including the waiver from the outset.

• Non-waivable issues: Some grounds (like certain serious crimes, or re-entering after a prior deportation without permission) have no waiver. In these tough cases, sometimes deferred action or other humanitarian relief (like VAWA if abuse is involved, or cancellation of removal if in court) might be the only avenues. If you believe USCIS got it wrong about the inadmissibility (e.g. they misinterpreted your situation), you can appeal and argue the legal point, but such appeals are challenging and success depends on showing a clear USCIS error.

Preventative Tips:

• Calculate income eligibility early: Know the rules before applying: Determine if you qualify for adjustment of status. Key points: Only those who entered with a visa or were “inspected” can adjust status (with rare exceptions), unless you have 245(i) eligibility. If you entered without inspection, plan for consular processing + waiver instead of AOS. If you’re in the U.S. on a visa, check if you maintained status; immediate relatives of U.S. citizens can adjust despite overstays, but other categories cannot.
• Disclose address past issues: Always be honest about immigration history (visa denials, prior marriages, any use of fake documents, etc.) and criminal history on the forms. If there is a potential inadmissibility, prepare a waiver application early. For example, if you know you have a prior deportation or immigration fraud incident, talk to an attorney about filing an I-601 or I-212 waiver proactively along with your application, or at least be ready to respond to a consular denial with a waiver. Being prepared can shorten the time your case is in limbo.
• Don’t apply until conditions are met: If you need a J-1 visa two-year home residency waiver, wait until you have it in hand before filing AOS. If the foreign spouse has a medical condition that’s a ground of inadmissibility (see next section), ensure treatment or vaccination requirements are completed or waivers obtained. Essentially, resolve what you can before USCIS has to decide your case.
• Leverage legal exceptions: In some cases, there are exceptions – for instance, the INA 245(k) provision can forgive certain employment-based adjustment applicants’ status violations, and VAWA self-petitioners are exempt from some bars. While these may not apply to most marriage cases, it’s worth researching if any special provisions cover your situation before giving up hope.

5. Failure to attend USCIS Appointments (Interviews or Biometrics)

USCIS considers the green card process a joint responsibility – if the applicant (and petitioner, when required) doesn’t show up for scheduled appointments, the case can be denied for “abandonment.” This most often refers to the interview: virtually all marriage-based applicants must attend an in-person interview at a USCIS office. The U.S. citizen spouse/petitioner is also expected to attend in family-based cases (except in rare cases where USCIS waives their presence due to circumstances like military deployment or incarceration). Failing to appear for the interview without prior notice or a subsequent excuse will result in a denial for lack of prosecution. Similarly, missing the biometrics appointment (fingerprinting) or any other required appointment without rescheduling can trigger an abandonment denial.

How to Address a Denial for Missed Interview:

• If you act quickly (within 30 days): File a Motion to Reopen (I-290B) on the basis of “exceptional circumstances” or USCIS error. For instance, if you never got the notice or it was sent to the wrong address, explain and provide any proof (e.g. a copy of a timely change-of-address notice, or evidence of mail delivery problems). USCIS has discretion to reopen if you show a good reason for missing the appointment. In some cases, if you immediately realize you missed the interview (say, you misread the date), you can also try walking in to the USCIS office or calling the USCIS Contact Center to request a new date – but once a denial is issued, a formal motion is the path.

• If the 30-day motion period has lapsed (or motion is denied): The denial notice for abandonment typically states it’s “without prejudice,” meaning you can refile a new application. You will need to submit a new I-485 (and possibly a new I-130 if that was also denied or withdrawn) and pay the fees again. The underlying eligibility (the marriage) hasn’t been questioned, so the case should proceed normally this time – but do everything possible to avoid a repeat mistake (see below). Note: If the foreign spouse’s visa status has expired by the time of re-filing, they can still refile since they are an immediate relative; provide an explanation in a cover letter referencing the prior denied case to clarify any overstay was not a willful violation but due to the procedural issue.

Preventative Tips:

• Calendar and confirm interviews: Treat an interview notice as top priority. Immediately acknowledge the date and time, and make arrangements to attend. If the petitioner or beneficiary has a conflict (emergency, travel, medical issue), request a reschedule in writing if possible – for example, by mailing a letter to the USCIS office or through an online message (if the case allows). Merely calling USCIS is not very reliable; always try to get a confirmation of reschedule. If you don’t get a new notice in a reasonable time, follow up persistently.

• Keep address updated: Always inform USCIS of any address change within 10 days (use Form AR-11 online) and double-check that you receive all mail. Consider also updating your online USCIS account contact info. Many missed interview issues stem from notice misdelivery. If you live in an apartment or multi-unit building, ensure your name is on the mailbox and you’re receiving all USCIS correspondence.

• Attend even if uncertain: If for some reason you didn’t get a confirmation of a reschedule request, it’s safer to attend the originally scheduled interview if at all possible. Even if you think it’s being rescheduled, showing up (with proof of your request) can save your case – the officers might still see you or at least you’ll avoid a “no-show.”

• Don’t miss biometrics: Similarly, missing the biometrics (fingerprinting) appointment without action can lead to denial. If you can’t attend your biometrics date, you can usually go as a walk-in at the application support center before your scheduled date or sometimes shortly after. Just don’t ignore it. Rescheduling biometrics is possible by mail, but that can be slow – doing a walk-in (politely asking if they can accommodate you) often works and is better than risking a missed appointment.

• Bring all required parties: Remember, in marriage cases the U.S. petitioner must attend the interview too (unless excused). Couples have been denied when the U.S. spouse didn’t show up, as the interview could not proceed. So both of you should plan to be there with proper ID.

6. Other Inadmissibility Grounds (Criminal, Medical, Security)

Aside from immigration-specific violations, USCIS can deny a marriage-based green card if the applicant falls under any of the grounds of inadmissibility in INA §212(a). These are numerous, but the common ones include criminal convictions, certain health issues, and security concerns:

• Criminal Record: Crimes involving moral turptitude drug offenses, violent crimes, etc., can render an applicant inadmissible. For example, a single conviction for simple possession of marijuana (under 30g) is waivable in the context of a spouse petition, but something like a drug trafficking or theft with a 1-year sentence could be a permanent bar. USCIS will deny the application if the criminal record falls under inadmissibility and no waiver is approved. (Note: Petty offenses or very old juvenile offenses might not trigger inadmissibility, but you must disclose all and let USCIS determine that.) Petitioner’s criminal history generally doesn’t cause denial of the visa except in rare cases under the Adam Walsh Act (certain sex offenses by the petitioner can bar them from sponsoring a spouse).
• Health-Related: The green card medical exam looks for communicable diseases (like infectious tuberculosis), proof of required vaccinations, and other physical or mental conditions that could be harmful. If an applicant refuses required vaccines without a valid exemption or waiver, or has a communicable disease and refuses treatment, the green card can be denied. Often these issues are resolved through treatment or a waiver. For instance, an applicant with TB can take antibiotics and get cleared, or one who cannot receive a vaccine for medical reasons can get a waiver. As of 2025, a COVID-19 vaccine is no longer required. Failing to submit the Form I-693 medical exam or submitting an incomplete one can lead to RFE/denial as well.
• Security and Others: These are less common for marriage applicants but still possible-- e.g. any hint of terrorism affiliation or membership in certain groups can cause a denial. Likewise, if the applicant is likely to become a public charge (covered under financial reasons above) or lied to obtain a visa (fraud, covered above), those are grounds for denial. There’s also a miscellaneous ground if someone has been ordered removed as a security risk or practiced polygamy, etc., but these are rare.

How to Address a Denial for Criminal/ Health Grounds

• Waivers: Determine if the particular inadmissibility has a waiver. Many criminal inadmissibilities (except the most serious, like murder or drug trafficking) have waivers available for spouses of U.S. citizens or LPRs. Health inadmissibilities (like not having vaccines due to religious beliefs, or certain diseases) also have waiver processes. If you didn’t submit a waiver initially, you can file a motion to reopen with a waiver application attached, or reapply and include the waiver. For example, for criminal issues use Form I-601 with strong evidence of the U.S. spouse’s emotional and financial hardship. For vaccination refusals based on religion, file a waiver explaining your sincere beliefs. Waivers require detailed evidence and are discretionary, but a well-prepared waiver can overcome the denial.

• Fulfilling Medical Requirements: If the denial was because you failed to submit the medical exam or a vaccine certificate, the fix might be simply to get a proper I-693 medical exam and refile (or motion to reopen with the completed medical). USCIS often issues RFEs for missing medicals before denying, but if they denied (perhaps you ignored the RFE), quickly get the exam done by a civil surgeon and be ready to provide it. For health issues like TB, complete the treatment and obtain clearance from the doctor to include in a new filing.

• Legal Rehabilitation: In cases of criminal record, sometimes timing matters. If you’re on probation, many consulates will deny until probation is finished. Likewise, multiple DUIs might cause a medical/exam hold (to evaluate for substance abuse). Addressing these by finishing probation, attending rehabilitation programs, or getting court documents that show the outcome can position you better when reapplying.

• Appeal (rarely): If you believe USCIS or the consulate wrongly categorized your offense (for instance, they thought your crime was more serious than it is under law), you might pursue an appeal or request an Advisory Opinion (for consular cases) to clarify the law. This is complex and usually needs legal counsel. In most cases, however, the focus is on waivers rather than appeal, since the facts of the conviction won’t change.

Preventive Tips

• Full disclosure: Be upfront about any criminal history to your immigration doctor and on your forms. Do not try to hide it – that can lead to a fraud/misrepresentation denial on top of the criminal issue. By disclosing, you also give USCIS the impression of honesty, which can help in discretionary decisions.

• Get certified records and legal advice: Before filing, obtain certified court dispositions for any arrest or charge, even if it was dismissed. An immigration attorney can evaluate if your incident triggers inadmissibility. Sometimes a minor old offense might fall under the petty offense exception (thus no waiver needed) – but you need a legal opinion on that. Knowing this in advance will shape whether you need a waiver or not.

• Complete the medical exam carefully: Choose a reputable civil surgeon and make sure you have all your vaccination records. If you have a health issue (physical or mental) that could be flagged, bring supporting letters (for example, a psychiatrist’s letter if you have a managed mental health condition). This can prevent a finding of inadmissibility or the doctor marking something that leads to denial.

• Avoid issues during the process: This should go without saying, but once you’ve applied, stay out of trouble. Any arrest or new offense during the application process must be reported and can jeopardize the case. Similarly, don’t use fraudulent documents or misrepresent anything in any immigration interaction – a lie at a visa interview years ago can come back to haunt a marriage green card case. Honesty and a clean record during processing will keep additional grounds from popping up.

Back to top