English 
Português 
Español 
The marriage-based Green Card is one of the most widely used pathways to permanent residence in the United States — and one of the most scrutinized. USCIS data for fiscal year 2025 shows that approximately 87.41% of family-based adjustment of status petitions were approved, leaving a denial rate of roughly 12.59%. While approval is the norm, avoidable preparation errors, documentary gaps, and weak interview performance account for a significant share of denied cases. Understanding the most common causes, post-denial options, and recent USCIS policy updates is essential for couples seeking to secure permanent residence in 2026.
What the USCIS Numbers Show
Official USCIS data for FY 2025 paints a demanding but far from prohibitive picture. A total of 495,460 family-based adjustment of status petitions were filed during the fiscal year, of which 62,389 received a denial. The denial rate for the Form I-130 also varies by relationship category: approximately 7.04% for immediate relatives (spouses, minor children, and parents of U.S. citizens) and 21.8% for other family preference categories.
In August 2025, USCIS updated chapters of its Policy Manual reinstating the mandatory interview for immediate relative petitions as standard operating procedure. The change expands scrutiny of bona fide marriage claims and reinforces the importance of consistent documentation.
Eleven Causes of Denial
Failure to Prove a Bona Fide Marriage
Establishing that the marriage is genuine is the most sensitive point. USCIS expects multiple, cross-referenced types of evidence: official marriage certificate, joint bank accounts, deed or lease in both names, insurance policies, dated photographs from different occasions, sworn affidavits from third parties, and records of shared travel. Red flags include unexplained cultural differences, lack of cohabitation, and contradictions in the relationship history.
Incorrect or Outdated Forms
USCIS periodically updates its form editions. Submitting an outdated version, leaving fields blank, or presenting inconsistent information across forms results in an RFE or outright denial. Confirming the current version on the official USCIS website is a basic prerequisite.
Incorrect Fees
Each form carries its own fee. Incomplete payment, a returned check, or a missing specific combination of fees for the I-485, I-130, I-765, and I-131 leads to technical rejection. Fee amounts must be verified against the USCIS Fee Schedule in effect on the date of submission.
Prior Marriage Not Legally Terminated
Either spouse must have officially ended any prior union before the new marriage. A divorce still in progress bars the petition. Divorce decrees, annulments, or death certificates must be included in the petition package where applicable.
Petitioner Does Not Meet Income Requirements
The petitioner accepts financial responsibility for the beneficiary through the Form I-864 Affidavit of Support, committing to maintain income of at least 125% of the Federal Poverty Guidelines published by HHS. In 2026, that threshold for a two-person household in the 48 contiguous states exceeds $26,000 in gross annual income, increasing with each additional dependent. When the petitioner’s income falls short, the following options are available:
- Joint sponsor: another U.S. citizen or lawful permanent resident who independently meets the 125% requirement.
- Use of assets: net asset value must equal at least five times the difference between the income shown and the required minimum.
- Beneficiary’s income: accepted only if it comes from a lawful source and will continue with the same employer after arrival in the U.S.
Inadmissibility on Health Grounds
The medical examination conducted by a USCIS-authorized civil surgeon screens for communicable diseases of public health significance, mental disorders associated with harmful behavior, active substance dependence, and missing required vaccinations. Specific diagnoses may result in inadmissibility or require a waiver.
Criminal History
The applicant must provide police certificates from every country where they lived for six months or more after age 16. Crimes involving moral turpitude, drug-related offenses, and aggravated felonies can render an applicant inadmissible. Omitting a criminal record does not erase it: biometric data is cross-checked against federal and state databases. In specific situations, waivers (Form I-601) may be granted.
Missing Documents
Common omissions include a certified translated marriage certificate, birth certificates, the last three years of tax transcripts, records of prior visas, and evidence of the relationship. When an officer identifies a gap, they typically issue a Request for Evidence; failure to respond within the deadline is treated as a denial.
Non-Compliant Photographs
USCIS applies Department of State Photo Requirements: 2×2 inch size, plain white background, neutral expression, and no eyeglasses. Photographs that do not meet the specifications block processing.
Failure to Appear for the Interview
The interview is a decisive step. An unjustified absence constitutes abandonment and results in denial. If attendance is genuinely impossible, a reschedule request must be submitted in writing immediately upon receipt of the notice.
Poor Interview Performance
Officers assess consistency between the spouses’ answers, mutual knowledge of daily-life details, and the absence of documentary contradictions. Significant inconsistencies or indications of fraud may trigger a Stokes Interview, in which each spouse is questioned separately.
Notice of Intent to Deny: A Chance Before the Final No
A NOID is not a final denial — it is a formal signal that the case is at risk. USCIS details the weaknesses identified and grants a response window, typically 30 days, to submit additional evidence. Ignoring a NOID is equivalent to accepting the denial. Responding with organized, substantive material frequently reverses the outcome.
Options After a Denial
Appeal
An appeal to the Administrative Appeals Office or the Board of Immigration Appeals must be filed within 30 days of the decision using Form I-290B. The AAO typically adjudicates within 180 days, though reversal rates are statistically low.
Motion to Reopen
This applies when new facts emerge that could have changed the decision had they been known at the time. Form I-290B is also used here, with a typical adjudication timeline of 90 days.
Motion to Reconsider
Appropriate when the adjudicating officer misapplied the law or overlooked evidence already in the record. It requires specific legal arguments and references to case law or regulations.
When the Denial Happens at the Interview
Denials issued at the interview can result in a Notice to Appear, initiating removal proceedings before an immigration court. Recent USCIS trends indicate an increase in such referrals in cases showing indicia of marital fraud. Immigration attorney representation becomes urgent at this stage.
How to Prevent a Denial
Prevention starts well before the petition is filed. Building a bona fide marriage record should begin from day one of the union. Joint preparation for the interview — including a shared review of the relationship timeline, key dates, and everyday details — dramatically reduces the risk of contradictions. Cases involving special circumstances such as a short-duration marriage, a significant age gap, a criminal history, or a prior denial benefit greatly from the guidance of a licensed U.S. immigration attorney.
Conditional vs. Ten-Year Green Card
When the marriage is less than two years old at the time of approval, the beneficiary receives a conditional permanent resident card valid for two years. To remove the condition and obtain the ten-year card, the couple must file Form I-751 jointly during the 90-day window before the second anniversary of the approval. Marriages that are more than two years old at the time of the decision result directly in the ten-year card.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
