What percentage of marriage green cards are denied?

Navigating the Aisle and Immigration: Understanding Green Card Denial Rates for Marriage-Based Applications

The dream of building a life together in the United States often starts with the joyful exchange of vows. But for many couples, particularly those navigating international borders, marriage is just the first step. Securing a marriage-based green card allows a foreign spouse to permanently reside and work in the US, solidifying their future together. However, the road to permanent residency isn’t always smooth. While marriage-based green card approvals are generally frequent, denials do happen. Understanding the likelihood of a denial and the factors contributing to it is crucial for couples embarking on this journey.

So, what percentage of marriage-based green card applications are actually denied? While precise figures fluctuate annually and are not always readily available, denial rates typically fall within the 10% to 20% range. This may seem relatively low, but it represents a significant number of couples facing uncertainty and potential heartbreak.

The United States Citizenship and Immigration Services (USCIS) processes a substantial volume of I-130 petitions (Petition for Alien Relative) and I-485 applications (Application to Register Permanent Residence or Adjust Status), which are the cornerstones of the marriage-based green card process. These forms require meticulous preparation and supporting documentation. Given the sheer volume of applications, even a small percentage of denials translates to thousands of couples facing potential delays, appeals, or even the need to restart the process altogether.

It’s important to remember that a successful marriage and genuine intent to build a life together aren’t automatically guarantees of approval. USCIS rigorously evaluates applications to ensure compliance with immigration laws and regulations. Several factors can contribute to a denial, including:

• Insufficient or Inconsistent Documentation: Providing incomplete or contradictory information on application forms, failing to submit required documents, or discrepancies between provided evidence can raise red flags.
• Suspicion of Marriage Fraud: USCIS is vigilant about preventing sham marriages solely intended to circumvent immigration laws. Inconsistencies in answers during interviews, lack of shared assets or commingling of finances, and minimal evidence of a genuine relationship can trigger scrutiny and potential denial.
• Criminal History: The foreign spouse’s criminal record can significantly impact eligibility for a green card. Certain offenses can lead to automatic disqualification, while others may require a waiver application.
• Immigration Violations: Past violations of immigration laws, such as overstaying a visa or unauthorized employment, can create hurdles and potentially lead to denial.
• Public Charge Concerns: If USCIS believes the foreign spouse is likely to become a public charge (dependent on government benefits), the application may be denied.

While the prospect of a denial can be daunting, couples can take proactive steps to increase their chances of success.

• Thoroughly Prepare the Application: Pay meticulous attention to detail when completing the I-130 and I-485 forms. Double-check for accuracy and ensure all required documentation is included.
• Gather Strong Evidence of a Bona Fide Marriage: Collect ample evidence to demonstrate the genuineness of the relationship. This includes photos, travel itineraries, joint bank accounts, lease agreements, and affidavits from friends and family.
• Seek Legal Guidance: Consulting with an experienced immigration attorney can be invaluable. An attorney can provide guidance on complex legal issues, help prepare the application package, and represent the couple during interviews.

Navigating the marriage-based green card process can be complex and stressful. Understanding the potential for denial and taking proactive steps to strengthen your application can significantly increase your chances of realizing your dream of building a life together in the United States. While the denial rates may seem manageable, the impact of a denial on individual lives is profound, highlighting the importance of diligence, preparation, and seeking expert guidance when needed.