Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique green card solutions like marriage to a U.S. Citizen. But what happens if your marriage petition (I-130 and I-485) is denied?

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

How To Move Forward?

See this topic on our YouTube channel – What Should You Do If Your Marriage Petition Is Denied (I-130 and I-485)!

The first thing you should do if your marriage petition has been denied is ask yourself “What exactly was denied?” – Was it your petitioner spouse’s I-130 family petition, or perhaps your adjustment of status application, or was it just your I-765, which is your Employment Authorization Document? Did the government deny your I-131, which is your travel document?

You should ask yourself this because your response to this denial will differ depending on what exactly was denied.

Secondly, you should ask whether or not your petitioner spouse is still committed to seeing you through this process – Are they still there for you and willing to continue petitioning for you and helping you brainstorm what to do next?

If your spouse is still willing to help you, that is excellent! If not, and this is something we see quite often, there may still be a chance for you to obtain a green card without them.

Why Was Your Petition Denied?

This is a major question that you need to answer if you want to continue pursuing a green card in the U.S.

• Abandonment – For example, if the government sent you an interview notice and you did not show up, your case may be denied because you’ve abandoned it. This is something you can recover from, so contact an immigration lawyer to help you!
• Insufficient Evidence – If the government believes that you did not provide sufficient evidence to prove bona fide marriage, your case may be denied.
• Poor Performance at the Interview – If your marriage petition interview went poorly due to nerves or inconsistent responses, it may be denied because the immigration authorities suspect fraud.
• Petitioner Withdrawal – If your petitioner spouse withdraws from the case, whether it be because you are separated or they don’t want to continue with the process because it is stressful, they don’t have the time, etc. your marriage petition case may be denied.
• No Response to RFE or NOID – If you do not respond to the RFE (Request For Evidence) and/or NOID (Notice Of Intent to Deny), your case may be denied.
• Existing Marriage – This is when the government believes that your divorce from your ex was improper because you did not provide sufficient and/or authentic documents to prove that you were free to marry your current spouse petitioner.
• Children – If the government finds out that you did not include all of your children on your petition, your case may be denied.
• Unlawful Entry / No Proof of Entry – Your case will be denied if you did not have lawful entry into the United States, or if you did not provide sufficient proof of lawful entry. Proving how you entered the United States is a critical step to adjust your status and get your green card here.
• Previous Marriage Fraud– There is a bar to getting a green card if the government accuses you of marriage fraud and you’re not able to overcome this and prove them wrong about it.
• Current Marriage Fraud – If the government believes that you are committing marriage fraud in your petition, your case will be denied and you will have marriage fraud on your record moving forward.

These allegations are very serious and you need to address them with an experienced immigration lawyer who can look at your case carefully in order to determine the best way to move forward with your petition. Consider why your case was denied in order to get the right frame of mind and determine whether you can proceed with an appeal or a refiling.

Are You Still With Your Spouse?

If you and your spouse petitioner are still together after your petition has been denied, the best thing you could do is partner with an experienced immigration lawyer who can help you map your steps moving forward. If you need to appeal the government’s decision or if you need to refile a new petition, a lawyer can help make this process easier, more efficient, and set you up for success.

On the other hand, if you and your partner are divorced or separated, you should see a lawyer who can scrutinize your background and find other potential options for a green card. You want to get your case screened to see whether you have any other options for a green card, and that’s what the lawyer can do for you.

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.