Applying for a marriage-based green card can be both exciting and stressful. However, it’s important to understand that U.S. immigration authorities carefully review these applications due to the potential for fraudulent marriages. In recent years, marriage-based green card applications have faced increased scrutiny, making it essential to submit a complete and well-documented petition.
Receiving a Notice of Intent to Deny (NOID) does not automatically mean your case is over. It simply means USCIS needs more evidence before making a final decision. Denials typically occur because of insufficient proof of a genuine marriage, errors in forms, failure to meet financial requirements, or inadmissibility issues such as health or criminal concerns. A poor interview performance can also jeopardize your application.
Despite this heightened scrutiny, approval is still highly achievable. Based on USCIS data for FY 2025, nearly 86% of family-based adjustment of status petitions were approved, proving that a well-prepared petition significantly increases your chances of success. At Green Card Link, its immigration attorneys guide couples through every step to help avoid denials and ensure a smooth process.
What Is the Marriage-Based Green Card Denial Rate?
According to USCIS data for Fiscal Year 2025 (Quarter 2: January–March 2025), 26,572 family-based green card applications were denied out of 187,755 total filings—reflecting a 14% denial rate in early 2025.
This data highlights the importance of preparation and attention to detail. The immigration attorneys at Green Card Link emphasize that applicants should be fully prepared to demonstrate the authenticity of their marriage during interviews, especially now that in-person interviews have once again become a standard requirement.
Common Reasons for Marriage-Based Green Card Denials
Marriage-based green card petitions can be denied or delayed for a variety of reasons. The most frequent causes include:
1. Failure to Prove a Genuine Marriage
Proving that your marriage is authentic is the foundation of a successful green card application. USCIS officers will thoroughly review every document to ensure the relationship is legitimate and not a sham to obtain immigration benefits.
Missing or inconsistent documentation—such as a marriage certificate, joint financial records, or shared residence proof—can raise red flags. If the officer suspects inconsistencies, you and your spouse may be interviewed separately to verify your relationship.
Not sure which documents you need? Contact Green Card Link for a professional document review.
2. Filing Incorrect Forms
Submitting the wrong form, leaving sections incomplete, or entering inconsistent information are common reasons for delays or denials. Always ensure you are using the most up-to-date form versions directly from the USCIS website.
3. Incorrect Filing Fees
Each immigration form requires a specific fee. Using an outdated fee schedule or submitting incorrect payment can cause your entire application to be rejected. Always confirm the latest government fees before filing.
4. Previous Marriage Not Legally Ended
If either spouse is still legally married—due to a pending divorce or incomplete annulment—the current marriage is invalid under U.S. immigration law. The prior marriage must be fully terminated before filing a new marriage-based green card petition.
5. Failure to Meet Financial Requirements
The sponsoring spouse must prove they can financially support the immigrant spouse at 125% of the federal poverty guideline. This ensures the immigrant will not become a public charge, meaning dependent on government assistance programs like SNAP or Medicaid.
If income requirements aren’t met, applicants can:
- Use a joint sponsor who meets the income threshold;Include assets such as property or savings (valued at least three times the income shortfall);
- Or, in limited cases, use the beneficiary spouse’s lawful income if it will continue in the U.S.
Need help calculating your eligibility? Contact Green Card Link for personalized assistance.
6. Health-Related Inadmissibility
Applicants must undergo a medical examination by a USCIS-approved doctor. Certain conditions—such as untreated infectious diseases or harmful behavior linked to mental health or substance abuse—may result in denial. Honesty and medical transparency are crucial.
7. Criminal Record
Past criminal charges can affect eligibility, depending on the offense. Applicants must provide police clearance certificates from every country they’ve lived in since age 16. Some offenses may qualify for waivers, so it’s essential to consult an experienced immigration attorney at Green Card Link to explore your options.
8. Missing or Incomplete Information
Even small omissions can cause major setbacks. USCIS may issue a Request for Evidence (RFE) if required documents like birth certificates, marriage records, or tax transcripts are missing. Failure to respond promptly can result in denial.
9. Improper Passport Photos
Your application must include passport-style photos that comply with official Department of State guidelines. Incorrect size, background, or quality can delay or invalidate your petition.
10. Missed or Unattended Interview
Missing your green card interview without rescheduling is one of the fastest ways to get denied. USCIS will send an official interview notice—make sure you attend on time or immediately notify USCIS if you need to reschedule.
11. Poor Interview Performance
Marriage-based green card interviews often involve detailed personal questions about your relationship. Nervousness, inconsistent answers, or lack of knowledge about your spouse’s life can harm your credibility.
The immigration attorneys at Green Card Link can help you prepare for your interview with mock sessions and professional guidance.
What Happens If Your Marriage-Based Green Card Is Denied at the Interview?
If your marriage-based green card petition is denied during the interview, you may receive a Notice to Appear (NTA) in immigration court. In some cases, you may be able to file an appeal asking USCIS to reconsider its decision. However, recent immigration policy trends show that denials at the interview stage can sometimes result in individuals being placed in removal proceedings.
At Green Card Link, its immigration attorneys understand how stressful and uncertain this situation can be. They can help you evaluate your options, determine eligibility for an appeal, and develop a strong strategy to protect your rights.
How to Avoid Marriage-Based Green Card Denial
Taking proactive steps before and during the process can help you avoid costly mistakes that could lead to a denial. Below are key strategies to increase your chances of success.
1. File Forms and Documentation Accurately
It’s crucial to fully understand what is required for your specific case—both as the petitioner and the beneficiary. Ensure that all eligibility requirements are met and that every form is completed correctly and thoroughly. Always double-check your paperwork, confirm that all required signatures are in place, and submit all supporting evidence.
USCIS will review your forms and documentation carefully before moving your case to the next stage, so accuracy and completeness are essential.
2. Prepare Carefully for the Interview
The marriage-based green card interview is a vital part of the process. Both spouses—along with any dependent listed on the petition—are typically required to attend. (In some cases, interviews for minors under 14 may be waived.)
Before the interview, review your documents and discuss potential questions to ensure your answers align. Inconsistencies between your responses can raise red flags. Depending on your case, you may be interviewed together or separately to verify the legitimacy of your marriage.
3. Work With an Experienced Immigration Attorney
Although it’s possible to handle the process alone, working with an immigration attorney at Green Card Link greatly reduces the risk of mistakes or denials. Experienced attorneys can prepare your petition, organize your supporting documents, and provide representation during your interview. Their guidance helps ensure that every step of your application is compliant with current immigration laws and procedures.
Can a Criminal Record Cause a Denial?
Yes. Certain criminal convictions can make you inadmissible for a marriage-based green card. Crimes involving aggravated felonies, moral turpitude, or drug-related offenses often lead to denial.
If you or your spouse have ever been arrested or convicted, it’s critical to disclose this information honestly during your interview. Attempting to hide a record will not help, as USCIS conducts extensive background checks. You may also be asked to provide certified court documents—even if your record was later expunged.
An immigration attorney at Green Card Link can help you understand how your criminal history might affect your eligibility and prepare the appropriate legal documentation.
What to Do If Your Marriage-Based Green Card Is Denied
If your application is denied, you still have options under immigration law to challenge the decision through an appeal or a motion to reopen or reconsider.
Notice of Intent to Deny (NOID)
Receiving a NOID does not mean your application has been officially denied. Instead, it means your case is at risk. USCIS sends this notice to highlight inconsistencies or missing evidence and gives you an opportunity to respond.
For example, if an officer believes there’s a discrepancy regarding your living situation, you can respond with evidence such as lease agreements, bills, or photos showing you lived together. Acting promptly and submitting convincing documentation can prevent a denial.
Filing an Appeal
An appeal allows you to request a review of the decision by the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). You must file within 30 days of the decision, using the form and address listed in your notice. Typically, the AAO reviews appeals within 180 days, although it rarely overturns USCIS decisions without strong new evidence.
Motion to Reopen or Reconsider
A motion is filed directly with the same office that denied your case, asking them to review it again based on new evidence or an incorrect interpretation of the law. Motions are generally filed using Form I-290B, and most are processed within 90 days.
Keep in mind that filing an appeal or motion does not pause or delay the existing decision. If you’ve been given a departure date, it remains in effect unless separately extended.
Why You Should Consult Green Card Link
In recent years, marriage-based green card applications have faced heightened scrutiny. Having an experienced immigration attorney at Green Card Link on your side is one of the best ways to prevent denials and protect your future in the United States.
The immigration attorneys at Green Card Link have successfully guided numerous couples through the complex green card process. Whether you’re preparing your initial petition or responding to a denial, they can help you gather the strongest possible evidence, avoid errors, and pursue every available legal remedy.
Your marriage and your future in the U.S. deserve experienced legal care. Contact Green Card Link today to schedule a consultation and take confident steps toward your green card approval.
Marriage-Based Green Card Denial FAQs
How Often Are Marriage-Based Green Cards Denied?
In Fiscal Year 2025, approximately 14% of family-based green card applications, which include marriage-based petitions, have been denied by USCIS. While the majority of applicants succeed, these denials highlight the importance of preparing a strong, well-documented case with help from immigration attorneys at Green Card Link.
What Is the Approval Rate for Marriage Green Cards?
So far in FY2025, nearly 86% of family-based adjustment of status petitions, including those filed through marriage, have been approved. This high success rate shows that when petitions are carefully prepared and supported with solid evidence, approval is highly achievable.
What Does a NOID Mean?
A Notice of Intent to Deny (NOID) is not an automatic denial. It’s a formal notice from USCIS explaining potential issues with your petition and giving you a chance to respond. With timely guidance from an immigration attorney at Green Card Link, you can address USCIS’s concerns and strengthen your case before a final decision is made.
Why Would a Marriage Green Card Be Denied?
USCIS may deny a marriage-based green card for several reasons, including:
- Insufficient proof of a bona fide marriage
- Incomplete or incorrect forms
- Missing filing fees
- Failure to meet financial sponsorship requirements
- A prior marriage that was not legally terminated
- Inadmissibility due to criminal or health-related issues
- Poor performance during the marriage interview
Working with immigration attorneys at Green Card Link ensures that these common pitfalls are avoided through thorough documentation and personalized case strategy.
What Happens If USCIS Denies My Marriage Application?
A denial does not necessarily mean your immigration journey is over. The next step is to consult an immigration attorney at Green Card Link to identify the specific reason for the denial and explore possible remedies—such as refiling, appealing, or requesting a motion to reopen the case. With proper legal guidance, many applicants successfully overcome initial denials.
Does USCIS Review Previous Marriages?
Yes. When you apply for a marriage-based green card, USCIS will examine any previous marriages. If a prior marriage was not legally dissolved, your current petition could be denied. Ensuring all previous marriages are properly terminated and documented is essential before filing.
How Long Does a Marriage-Based Green Card Last?
If your marriage was less than two years old at the time your green card was approved, you’ll receive a conditional green card valid for two years. If the marriage was more than two years old, you’ll be issued a 10-year permanent green card. The experienced immigration attorneys at Green Card Link can help you navigate both conditional and permanent residency requirements.