There are several potential reasons why a spousal I-130 petition (Marriage Green Card) may be denied. Understanding these reasons can help applicants avoid common pitfalls and improve their chances of approval. Below are some of the most common reasons for denial:
1. Insufficient Proof of a Bona Fide Marriage
The most common reason for denial is the failure to prove that the marriage is genuine. USCIS is vigilant in preventing marriage fraud, so it requires extensive documentation to verify that the marriage was entered into for legitimate reasons and not solely for immigration benefits. Common red flags include:
- Lack of joint documents: If the couple cannot provide joint leases, bank accounts, utility bills, or tax returns, it may raise suspicions.
- Inconsistent or missing evidence: Incomplete documentation of the couple’s relationship (photos, travel records, or communication history).
- Short duration of the relationship: If the couple got married soon after meeting or if they cannot show a long-term relationship before the marriage, it may lead to scrutiny.
2. Incomplete or Incorrect Forms
Filing forms with errors or leaving out essential information can lead to an I-130 denial. Common mistakes include:
- Missing signatures: All forms must be signed by the petitioner and the beneficiary.
- Inaccurate or inconsistent information: Discrepancies in dates, names, or other details between forms can raise red flags and cause delays or denial.
- Failure to include required forms: Forgetting to include forms like I-130A or supporting documents may lead to an outright denial or a Request for Evidence (RFE).
3. Failure to Meet Eligibility Requirements
The petitioner (U.S. citizen or lawful permanent resident) and beneficiary must meet specific eligibility criteria:
- Ineligibility of the petitioner: The petitioner must be a U.S. citizen or lawful permanent resident. If they are not, the I-130 will be denied.
- Previous marriage issues: If either spouse was previously married and has not provided proof of divorce or the previous marriage was not legally terminated, the petition will be denied.
4. Petitioner’s Criminal History or Inadmissibility
Certain criminal convictions or issues with the petitioner’s immigration history could lead to a denial:
- Criminal convictions involving violence or certain immigration violations could make it difficult for the petitioner to sponsor their spouse.
- Inadmissibility issues: If the spouse being sponsored has a history of criminal activity, previous immigration violations (e.g., illegal entry, overstaying a visa), or other inadmissibility issues, the petition may be denied.
5. Financial Ineligibility (Affidavit of Support)
The petitioner must demonstrate that they can financially support their spouse, preventing the sponsored spouse from becoming a public charge. This is done through Form I-864 (Affidavit of Support). The petition for a Marriage Green Card can be denied if:
- Insufficient income: The petitioner does not meet the minimum income threshold, which is typically 125% of the federal poverty guidelines.
- No joint sponsor: If the petitioner cannot meet the financial requirement alone and does not find a qualified joint sponsor, the application may be denied.
6. Failure to Attend Required Interviews
Both the petitioner and the beneficiary must attend required interviews, either at a U.S. embassy or consulate (for consular processing) or at a USCIS office (for adjustment of status within the U.S.). Failure to attend without rescheduling can result in denial.
7. Inconsistencies in Interview Answers
During the interview, both spouses will be asked questions about their relationship. If their answers are inconsistent, contradictory, or raise suspicions (e.g., not knowing basic details about each other), USCIS may deny the petition on the grounds of a fraudulent marriage.
8. Prior Deportation or Unlawful Presence
If the spouse being sponsored has been previously deported, entered the U.S. unlawfully, or has accrued unlawful presence in the U.S., it can result in a denial or complications with consular processing.
9. Lack of Legal Status in the U.S.
If the foreign spouse is currently in the U.S. without lawful status, they may face complications with the I-130 process, especially if they cannot file for adjustment of status or obtain waivers.
Ways to Avoid Denial
To avoid denial, applicants should:
- Provide strong evidence of a bona fide marriage, such as joint financial documents, photos, affidavits from friends and family, and proof of cohabitation.
- Carefully complete all forms, double-checking for accuracy and completeness.
- Meet the financial requirements or secure a joint sponsor if necessary.
- Prepare thoroughly for interviews and practice answering questions about the relationship.
- Address any potential red flags early by seeking legal advice or preparing additional documentation.
By ensuring that the marriage is well-documented and that all requirements are met, petitioners can significantly reduce the risk of denial.
To avoid denial or a request for further evidence (RFE) from USCIS concerning your petition, contact us to speak with our experienced U.S. immigration team in Vancouver, BC.