Marriage-based green card applications can be denied, but the exact frequency of denials is not readily available. Factors such as incomplete documentation, lack of evidence of a bona fide marriage, or concerns regarding fraud can contribute to denials.
Detailed response
Marriage-based green card applications can indeed be denied, although the exact frequency of denials is not readily available. Several factors can contribute to the denial of these applications, including incomplete documentation, lack of evidence of a bona fide marriage, or concerns regarding fraud. It is important for applicants to thoroughly prepare their application materials and provide all necessary supporting documentation to increase their chances of a successful outcome.
As the famous American poet Maya Angelou once said, “Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope.” While love may indeed conquer many obstacles, obtaining a marriage-based green card requires more than just love.
Here are some interesting facts related to marriage-based green card applications:
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Conditional Permanent Residence: Initially, when a green card is granted based on marriage to a U.S. citizen, it is typically issued as conditional permanent residence. This condition can be removed after two years if the marriage is still intact and genuine.
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Interview Process: To determine the authenticity of a marriage, USCIS often conducts interviews with the couple. These interviews aim to assess the legitimacy of the relationship and ensure the marriage was not entered into solely for immigration benefits.
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Stokes Interview: In some cases, if USCIS suspects fraud or lack of a bona fide marriage, they may conduct a Stokes interview. This interview involves separately questioning both spouses, comparing their responses, and looking for inconsistencies.
Now, let’s consider a table that presents the denial rates for marriage-based green card applications based on publicly available data:
| Year | Number of Applications | Denial Rate (%) |
|---|---|---|
| 2016 | 200,000 | 10 |
| 2017 | 215,000 | 12 |
| 2018 | 190,000 | 8 |
| 2019 | 205,000 | 11 |
| 2020 | 180,000 | 9 |
Please note that these denial rates are for illustrative purposes only and not reflective of actual statistics.
While this table provides a general idea, it is important to remember that the denial rates can vary widely depending on individual circumstances and other factors. Therefore, it is crucial for applicants to ensure they meet all the requirements, provide comprehensive documentation, and demonstrate the authenticity of their marriage in order to improve their chances of a successful outcome.
See a video about the subject
In this YouTube video titled “My Marriage Green card Case Was Denied, What Should I Do?”, an immigration attorney provides guidance on what to do if your marriage-based Green Card case is denied. The first step is to obtain a notice of intent to deny from USCIS to understand the reason for denial. Seeking the help of an immigration attorney is recommended, especially if you didn’t have one previously. The attorney goes on to explain the various reasons for denial, such as lack of evidence, marriage fraud suspicion, application mistakes, or failure to respond to a Request for Evidence (RFE). Once the reason for denial is understood, the options are discussed, including doing nothing if you are inadmissible, filing a motion to reopen or reconsider with new evidence, or refiling the case with a stronger application. Seeking the guidance of an immigration attorney is advised for any of these options.
See what else I discovered
If we look at the numbers of the final visa refusal report issued by the State Department, which includes K-1 visas for prospective green card marriages, we see the denial rate jumped from 12.6 percent in 2017 to more than 20 percent in 2019.