Published: May 5, 2025
Under the Immigration and Nationality Act (INA), individuals can obtain lawful permanent resident (LPR) status through numerous different means. This includes sponsorship by a close family member with US citizenship. Since immediate relatives of US citizens are not subject to established numerical caps for family-sponsored preferences, they are the largest category of new lawful permanent residents (LPRs).
A report from the Office of Homeland Security Statistics shows that immediate relatives constitute 47 percent of all LPRs in 2023. In particular, spouses of US citizens accounted for 23 percent of all new foreign individuals granted LPR status. Although marriage to a US citizen is a well-known immigration pathway to becoming an LPR or green card holder, it doesn’t guarantee approval.
Applications for marriage-based green cards involve careful examination and strict requirements. Here, we’ll walk you through why marrying a US citizen doesn’t guarantee green card approval and what can help strengthen your application for a more favorable outcome.
Key Factors Affecting Marriage-Based Green Card Approval
Despite having a relatively high approval rate, marriage-based green card applications can still face denial. Considering this, understanding the factors that can affect approval is imperative so that you can prepare a strong application.
Authenticity of marriage
Fraudulent marriages are a significant concern in family-based immigration. It’s the primary reason the United States Citizenship and Immigration Services (USCIS) carefully examines marriage-based green card applications.
It’s crucial to note that the validity and authenticity of your marriage are the foundation of your green card eligibility. Failing to establish that your marriage is legally valid and authentic can disqualify you. There are also serious legal repercussions if the USCIS detects marriage fraud in your application.
USCIS applies rigorous standards when assessing the legitimacy of a marriage. Expect numerous inquiries during the application process. Significant age differences or lack of a common language are some of the red flags they will look for.
Financial capacity
As part of the process, your US citizen spouse must demonstrate sufficient financial resources to sponsor you. The income requirements must be equivalent to or above 125% of the Federal Poverty Guidelines for your household size.
This is often a significant challenge for households with low income. If you’re in the same low-income situation, you can get joint support and assets from other family members to fulfill the minimum financial requirements.
Consistency during a visa interview
A USCIS officer will conduct an in-person interview to assess whether your marriage is real and assess the details of your relationship. Any discrepancy or unclear answer can trigger red flags. It will result in additional scrutiny and potential for rejection.
You and your US citizen spouse must be thoroughly familiar with the details in your application. Consistency is crucial when answering questions about your daily life, relationship, and future plans.
Steps to Strengthen Your Marriage-Based Green Card Application
The process of acquiring a green card varies depending on the immigration category you pursue. Varying requirements and timelines can influence the length and complexity of your application. That’s why starting with a well-crafted application is important. For a starter, consider the following steps when applying for a US green card through marriage to your US citizen spouse:
Provide solid proof of an authentic marriage
A marriage certificate only demonstrates that you’re married. Although it’s necessary, such a document is not sufficient to prove that your marriage is real and that you intend to build a life together.
You’ll need to provide solid proof that shows your bona fide marriage. USCIS gives more weight to certain types of evidence, meaning they’ll consider some of your documents to be more compelling than others.
For instance, proof of shared finances, such as joint bank accounts, insurance policies, and property ownership, can weigh more heavily than other evidence. Other documents that can help strengthen your application include travel records, communication logs, photos taken during your relationship, written testimony from family and friends, and proof of shared responsibilities.
Demonstrate sufficient financial support
The Affidavit of Support is a critical part of the marriage-based green card process. It’s a legally enforceable contract in which a US citizen agrees to take financial responsibility for supporting their sponsored foreign spouse and prevent them from relying on public benefits.
Suppose your spouse fails to complete the contract correctly and provide the required documentation. You may receive requests for additional evidence. It can delay the application process or result in the denial of your green card application.
Submit accurate documentation on time
Ensuring accurate and timely submission of all required documents is paramount for a successful green card application. However, the massive amount of paperwork involved in applying for a marriage-based green card can be overwhelming.
So, carefully review all forms and supporting documents to minimize errors or missing information that could delay the process or lead to visa denial. A comprehensive checklist of the necessary paperwork and corresponding deadlines ensures you attend to every detail and submit everything on time.
Work with an attorney to ensure eligibility
Despite being exempted from the annual numerical limitation, you must fulfill specific requirements to be eligible for a marriage-based green card. Failure to correctly interpret and comply with such qualifications can result in delays or even rejection. Thus, consider working with an immigration lawyer to determine which visa classification you qualify for and ensure eligibility for a better chance of green card approval.
Secure Your Marriage-Based Green Card With ALG Lawyers
Proper legal guidance and preparation can prevent many reasons for marriage-based green card denial. With ALG Lawyers, you can acquire the confidence of an experienced Los Angeles immigration attorney who will review your case and ensure an accurate and smooth application process. Contact our legal team now to take the first step in securing your marriage-based green card.