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Introduction
Applying for a Green Card via Marriage can feel like a hopeful journey toward building a new life in the United States. However, for many African professionals and migrants, this path can quickly become complex and stressful. More so, when an application is denied, it’s often for reasons that could have been anticipated and avoided. In this article, you will discover the 5 Top Reasons Your Application for Green Card via Marriage is Denied, presented clearly and in simple language. We draw on years of immigration consulting experience, offering practical advice to help you identify potential pitfalls. By the end, you’ll feel equipped to prepare a stronger, more complete petition for your Green Card via Marriage.
1. Insufficient Proof of a Bona Fide Marriage for Green Card via Marriage
One of the most common reasons a Green Card via Marriage application is denied is the failure to prove that your marriage is genuine. USCIS officers scrutinize every petition to ensure it isn’t a marriage of convenience. Nevertheless, many African couples underestimate the depth of evidence required.
Key Evidence Requirements
| Category | Examples |
|---|---|
| Joint Financial Assets | Joint bank statements, shared insurance policies |
| Shared Residence Documents | Lease agreements, utility bills with both names |
| Photos and Correspondence | Wedding photos, travel itineraries, emails, chat logs |
| Affidavits from Friends & Family | Signed letters attesting to the relationship’s authenticity |
Moreover, you must submit certified translations for any document not in English. Meanwhile, failing to organize these proofs or submitting them in a haphazard way signals to the officer that you haven’t taken your Green Card via Marriage petition seriously.
2. Inadequate Documentation of Relationship History for Green Card via Marriage
Beyond proving authenticity, you must document the history and evolution of your relationship. But many applicants provide only minimal documentation—sometimes just wedding photos—assuming that suffices.
Essential Relationship Timeline
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Meeting and Engagement: Flight tickets, photos, chat logs
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Courtship: Letters, emails, social media conversations
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Engagement Period: Proof of joint planning (invitations, vendor contracts)
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Marriage Ceremony: Official marriage certificate, guest list
More so, you should use your relationship timeline in your cover letter, citing each piece of evidence under the relevant petition form. For detailed guidance, visit the USCIS page on marriage-based Green Card eligibility: https://www.uscis.gov/green-card/green-card-eligibility/marriage-based-green-card.
3. Financial Inadequacy or Missing Affidavit of Support for Green Card via Marriage
A key requirement for a successful Green Card via Marriage petition is demonstrating that your sponsoring spouse can financially support you—and that you will not become a public charge.
Affidavit of Support (Form I‑864) Checklist
| Requirement | What to Include |
|---|---|
| Sponsor’s Income | Latest federal tax returns, W-2s |
| Household Size Calculation | List of dependents, proof of legal guardianship |
| Joint Sponsor (if needed) | Form I‑864A, joint sponsor’s income documentation |
Nevertheless, if your spouse’s income falls below 125% of the U.S. federal poverty guidelines, your petition risks denial. But there’s a solution: a joint sponsor. A joint sponsor must meet the same income threshold and complete a separate Affidavit of Support. More so, if you’re self-employed, include business registration papers, profit-and-loss statements, and bank records to establish steady income.
4. Criminal or Immigration Violations of the Applicant for Green Card via Marriage
Criminal convictions, past immigration violations, or misrepresentations can derail your Green Card via Marriage application immediately.
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Criminal Records: Some offenses, even minor, can make you inadmissible.
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Previous Visa Overstays: Overstaying a U.S. visa by more than 180 days leads to a 3-year ban; over 365 days, a 10-year ban.
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Misrepresentation: Providing false statements or fake documents is fraud, resulting in permanent bars.
If you have any criminal history or prior immigration issues, consider applying for a waiver (Form I‑601). Nevertheless, waivers are discretionary and require demonstrating extreme hardship to your U.S. citizen or lawful permanent resident spouse. For more on waivers, refer to the USCIS site: https://www.uscis.gov/i-601.
5. Medical Inadmissibility or Unmet Health Requirements for Green Card via Marriage
Finally, your medical exam (Form I‑693) is crucial. Failure to meet health standards or omitting vaccinations can lead to denial of your Green Card via Marriage case.
Medical Exam Components
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Vaccinations: MMR, polio, influenza, COVID‑19 (as per latest CDC guidelines)
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Physical Examination: Chest X-ray, blood tests for communicable diseases
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Medical History Disclosure: Any mental health issues, drug dependencies
A panel physician must complete Form I‑693 in a sealed envelope. More so, if you’ve had a past communicable disease, you may need treatment and follow‑up documentation before USCIS will move forward.
FAQs
1. How long does it take to process a Green Card via Marriage?
Processing takes about 10–13 months if filed within the U.S. (adjust times for service centers).
2. Can same‑sex marriages apply for Green Card via Marriage?
Yes. U.S. law recognizes same‑sex marriages for immigration benefits.
3. Do I need an interview for Green Card via Marriage?
Almost always—U.S. Citizenship and Immigration Services conducts an in‑person interview to verify your marriage’s authenticity.
4. What happens if my application is denied?
United States Citizenship and Immigration Services will issue a Notice of Intent to Deny (NOID) or a final denial; you can appeal or file a new petition.
5. Can I work while my Green Card via Marriage application is pending?
Yes, by applying for an Employment Authorization Document (EAD) using Form I‑765 alongside your petition.
Conclusion
Avoiding these top five pitfalls will strengthen your Green Card via Marriage petition. Meanwhile, thorough preparation—organizing your documents, meeting financial criteria, and ensuring honest disclosures—can make all the difference. With careful planning and attention to detail, you’ll improve your chances of approval and take one step closer to your American dream.
Helpful Government Links
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USCIS Marriage‑Based Green Card Eligibility: https://www.uscis.gov/green-card/green-card-eligibility/marriage-based-green-card
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USCIS Affidavit of Support (Form I‑864): https://www.uscis.gov/i-864
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Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
This article thoughtfully put together by Empire Fly Law, a trusted immigration law firm with several years of experience, is targeted specifically at African professionals seeking the Green Card via Marriage.
