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The marriage-based Green Card is one of the most sought-after immigration pathways in the United States, but also one of the most scrutinized by USCIS due to a history of fraud. In FY 2025, official data show an approval rate of approximately 87.41% for family-based adjustment of status petitions, against 12.59% in denials recorded across 62,389 cases out of 495,460 applications. The initial I-130 petition carries a denial rate of 7.04% for immediate relatives and 21.8% for other family members. Understanding common denial causes and available remedies is the first step toward filing a solid petition.
When the marriage is examined
The process involves two fronts: the I-130 Petition for Alien Relative, which establishes the family relationship, and adjustment of status via I-485 or consular processing via DS-260, which grants permanent residence to the foreign spouse. In 2025, USCIS reinstated mandatory interviews for marriage-based adjustment cases, raising the bar for documentation and conduct. The policy is described in the Policy Manual updated in August 2025.
Common causes of denial
Marriage without proof of bona fide intent
The core of the petition is demonstrating that the union is genuine, not an arrangement aimed solely at immigration benefits. Joint financial documents, photographs over time, travel records, joint tax returns, joint lease or property purchase agreements, and affidavits from third parties strengthen the file. Signs of inconsistency can lead to separate interviews for each spouse, with detailed questions about daily life.
Incorrect forms
USCIS periodically revises form editions. Submitting an outdated version, leaving fields blank, or recording conflicting data between the I-130 and I-485 causes delays, RFEs, and even denials. Always download the most recent version directly from uscis.gov.
Incorrectly paid fees
Each form in the package has its own fee. The I-485 includes adjustment of status and biometrics, and the USCIS fee schedule changes frequently. Unsigned checks, incorrect amounts, or payment in an unaccepted format will result in rejection at initial screening.
Prior marriage not terminated
Either spouse with a pending divorce remains legally married. The new union becomes void and the petition will be denied. Before filing, finalize the dissolution with a divorce decree or death certificate.
Insufficient financial sponsor
The petitioner must demonstrate income of at least 125% of the federal poverty guidelines under the I-864 Affidavit of Support. When income falls short, options include a joint sponsor who independently meets the threshold, using assets whose net value is at least three times the shortfall, and the beneficiary’s own income as long as it comes from a lawful source that will continue with the same employer after admission.
Health inadmissibility
The immigration medical examination, conducted by a designated physician, identifies communicable diseases without treatment, mental disorders associated with violent behavior, current substance abuse, and failure to have required vaccinations. Unfavorable results can bar permanent residence, though waivers exist in specific situations.
Criminal history
The applicant must submit police certificates from countries where they lived for more than six months since age 16, from their country of nationality, from the country of current residence, and from any place where they were arrested. Crimes involving moral turpitude, aggravated felonies, and drug-related offenses generally render the applicant inadmissible, but waivers are available in specific circumstances. Concealing information is counterproductive, as biometric verification reveals old records.
Missing documents or unanswered RFE
When an essential item is missing, USCIS issues a Request for Evidence with a short deadline. Failure to respond or an incomplete response results in denial. Pay close attention to the full package: marriage certificate, birth certificates, tax transcripts, prior visas, and proof of lawful entry.
Non-compliant photo
The photo must follow the Department of State’s size, color, and background guidelines. A reused photo, one with shadows, or incorrect framing can force resubmission or contribute to rejection.
Absence or poor performance at the interview
The interview is decisive. Failing to attend without rescheduling leads to denial for abandonment. Even when present, conflicting answers, evasive posture, or ignorance of basic details about the spouse’s routine raise suspicion of fraud. Review the file together beforehand and know relevant dates, habits, and shared history.
Notice of Intent to Deny
Receiving a NOID is not a final decision. USCIS signals its intent to deny and allows time to respond. Use the window to submit additional evidence, clarify discrepancies raised by the officer, and reinforce the genuine nature of the marriage. Ignoring the NOID converts it into a denial.
Appeals after denial
An unfavorable decision generally allows three paths. An appeal to the Administrative Appeals Office or the Board of Immigration Appeals must be filed within 30 days and takes approximately 180 days to adjudicate. A motion to reopen presents new facts or evidence. A motion to reconsider argues an error in the application of law. Both are filed using Form I-290B, with typical adjudication within 90 days. Appeals do not suspend the immediate effects of the original decision, such as departure deadlines.
When denial occurs at the interview
Interview denials can trigger issuance of a Notice to Appear, initiating removal proceedings. In 2025, there was an increase in cases where denials during the interview resulted in direct referral to immigration court. For this reason, having an attorney present and thorough preparation are particularly important.
How to reduce the risk
Pre-screening documentation, checking form versions, financial planning for the sponsor, background verification, and mock interview practice form the recommended roadmap. The file should tell the couple’s story chronologically, with neutral pieces (financial, contractual, official) supporting the personal narrative.
Validity of the granted Green Card
When the marriage is less than two years old at the time of approval, the spouse receives a two-year conditional Green Card, with the conditional status removed through a joint I-751. Marriages of more than two years result in a standard 10-year Green Card, renewable every ten years.
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.
