Your Options After a Denied Marriage-Based Green Card
July 10, 2025
Getting a denial from U.S. Citizenship and Immigration Services (USCIS) after applying for a marriage-based green card can feel devastating. You may be wondering what went wrong—and more importantly, what happens next. The good news is that a denial doesn’t always mean the end of your immigration journey. At McBean Law, we help clients nationwide overcome green card setbacks through strategic legal action and personalized guidance. If your marriage green card case was denied, here’s what you need to know and how to move forward.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or a loved one needs assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her team of experienced immigration attorneys, who are ready to guide you through every step of the process.
Why Was Your Green Card Case Denied?
First, it’s essential to identify what exactly USCIS denied. Marriage-based green card applications often involve several forms, including the I-130 petition filed by the U.S. citizen or green card holder spouse, the I-485 green card application, and potentially the I-765 work permit or I-131 travel document. It’s possible that one part was approved while another was denied.
For example, USCIS might approve your I-130 if they believe your marriage is genuine, but deny the I-485 due to immigration violations, criminal issues, fraud concerns, or unlawful entry into the U.S.
Common Reasons USCIS Denies Marriage Green Cards
Green card denials can stem from both paperwork issues and deeper concerns. At McBean Law some of the most frequent causes we have identified include:
- Missing your USCIS interview, which can lead to your case being marked as abandoned
- Not submitting strong enough evidence to prove your marriage is genuine
- Inconsistent answers during the interview that raise questions about the relationship
- Failing to respond to a Request for Evidence (RFE) in time
- Signs of fraud, such as entering into a marriage purely for immigration benefits
- Entering the U.S. without inspection and not being eligible to adjust status
- Unresolved prior marriages, which can invalidate your current one under immigration law
- Failing to disclose children from previous relationships
Each of these issues requires a unique legal response. That’s why understanding exactly why your case was denied is the first and most important step.
What Should You Do Next?
Your path forward depends largely on your current relationship and your spouse’s willingness to continue supporting your immigration case.
If you are still married and your spouse is supportive, consult an experienced immigration attorney immediately. A legal expert can review your denial notice and identify the best next steps, whether it’s refiling with stronger evidence, correcting past mistakes, or filing an appeal or motion to reopen. Time matters—appeals must usually be submitted within 30 days.
If you are separated, going through a divorce, or your spouse is no longer willing to help, your case becomes more complex—but there are still options. You may be able to move forward with a VAWA petition if there was abuse or emotional cruelty in the marriage. If you already have a 2-year conditional green card, you could file Form I-751 on your own to remove the conditions. If your spouse has passed away, you may qualify for a widow(er)’s petition—but it must be filed within two years of their death.
You can watch Attorney LaToya McBean Pompy’s YouTube video, “USCIS Denied Your I-130 Petition in Marriage Green Card Case?” to gain deeper insights into why these denials happen and what you can do next.
