Who Is Not a Good Candidate for a Marriage-Based Green Card?

Key Takeaways

• Learn the most common reasons for marriage-based green card denial.
• Understand who qualifies for a marriage-based green card and who may not.
• Identify key red flags that could affect your marriage-based green card eligibility.
• Discover why working with an experienced immigration attorney in Houston or Dallas matters.

What Is a Marriage-Based Green Card?

A marriage-based green card is a type of immigrant visa that allows a foreign-born spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. It is one of the most common immigration paths for families. However, not everyone qualifies, and the government closely reviews each application to ensure the marriage is real and meets legal requirements.

Who Does Not Qualify for a Marriage-Based Green Card?

Marriage-based green card eligibility is based on both the validity of the marriage and the background of each spouse. Some of the most common reasons for marriage-based green card denial include:

• The marriage is not legally valid: If the marriage is not officially recognized in the country where it took place, or if one person was still legally married to someone else, the application will likely be denied.
• The marriage is not considered “bona fide”: A marriage must be genuine and not created just to get a green card. If the government believes the relationship is fake or based only on immigration benefits, it can lead to a marriage-based green card denial.
• Missing or false information: Mistakes in the application, missing documentation, or dishonesty during interviews can negatively impact marriage-based green card eligibility.
• Past immigration violations or criminal records: Overstaying a visa, unlawful entry, or criminal history can prevent someone from meeting the requirements to qualify for a marriage-based green card.

If any of these situations apply, it’s important to get legal advice before moving forward.

What Are the Signs That Someone May Be a Bad Candidate?

Some individuals face more challenges when trying to qualify for a marriage-based green card. Even if a marriage is real, certain warning signs raise doubts about whether the relationship meets marriage-based green card eligibility.

Common concerns include:

• No shared financial or living history: Couples who don’t live together, share bills, or have joint accounts may find it harder to prove a genuine marriage.
• Inconsistent answers in the interview: Officers may ask each spouse personal questions about daily life. If their answers do not match or seem rehearsed, that can hurt the case.
• Large age differences or cultural gaps without a strong history: While age and culture are not reasons alone for denial, they may lead to more scrutiny if the couple can not show a long-term or close connection.
• Long-distance relationships with limited contact: When couples live apart for extended periods, it’s important to provide evidence of communication, visits, and continued commitment.

Knowing these signs can help you better understand your marriage-based green card eligibility. The goal is to prove your relationship is real, ongoing, and supported by evidence.

Can Past Immigration or Legal Problems Affect the Outcome?

Yes. Even if the marriage is genuine, certain issues in a person’s past can be a reason for marriage-based green card denial. These include:

• Previous immigration fraud or misrepresentation
• Criminal charges or convictions
• Past visa overstays or unlawful presence
• Prior removal orders or deportation
• A previously denied marriage-based green card petition

If a person has been denied a marriage-based green card in the past, that denial can create a bar to future green card approvals, even through other family-based or employment-based categories. Under INA section 204(c), they must still prove that the marriage tied to the original denial was legitimate. Without that, no new petition, regardless of the category, can move forward.

These kinds of issues often lead to requests for more evidence, delays, or full denials. If you’re dealing with any of these, especially a past denial, speak with an immigration attorney in Houston or Dallas to review your options before filing again.

What Mistakes Should You Avoid When Applying?

To protect your marriage-based green card eligibility and avoid unnecessary delays, be aware of these common mistakes:

• Applying without enough evidence: A few photos or a marriage certificate alone may not be enough. Include bills, leases, joint accounts, and anything that shows a shared life.
• Failing to prepare for the interview: Review important dates and details about your relationship. Answer questions truthfully and confidently.
• Not disclosing all important facts: Leaving out information, even by accident, can cause delays or denial.
• Trying to handle complex cases alone: If you or your spouse have past legal or immigration issues, talk to an experienced immigration attorney in Houston or Dallas before you apply.

What Happens If Your Marriage-Based Green Card Is Denied?

Even if you believe you meet all marriage-based green card eligibility requirements, there’s still a chance your application could be denied. When this happens, the next steps depend on the specific reason for marriage-based green card denial:

• USCIS may issue a Request for Evidence (RFE) for missing documentation.
• You might be eligible to file an appeal or reapply.
• In some cases, you could be referred to immigration court.

A denial does not always mean the end of your immigration journey. With the right legal support, especially in cities like Dallas and Houston, you may be able to resolve the issue and continue pursuing lawful status.

Why Work with a Houston or Dallas Immigration Attorney?

Marriage-based green card eligibility is about more than just filling out forms. If there is any concern about whether you qualify for a marriage-based green card or a potential reason for your marriage-based green card denial, it is better to work with a legal team who can guide you.

At Davis & Associates, our team helps couples in Dallas and Houston prepare strong applications, avoid common mistakes, and defend their rights if issues come up. If you are unsure whether you qualify, or if you are worried about a reason for marriage-based green card denial, don’t wait. Call our team today to schedule a consultation and let us help you build a clear path forward.