Marriage Green Card Denied: What Happens Next?
A denial can feel overwhelming, but it does not always mean the end of your marriage green card case.
The right next step depends on why USCIS denied the application, what the notice says, and whether there are
time-sensitive options like a motion to reopen, a new filing strategy, or a waiver-based plan.
If your marriage green card case is denied, your options typically include (1) filing a motion to reopen or reconsider,
(2) refiling with stronger bona fide marriage evidence,
(3) pivoting to a waiver strategy where appropriate (such as an I-601 waiver or I-601A provisional waiver), or
(4) preparing for removal proceedings if USCIS issues a Notice to Appear.
Before taking any action, you need to pinpoint what USCIS actually decided. Denial notices often include multiple issues.
Some are fixable with better documentation. Others require a different legal strategy—especially when a denial is tied to
grounds of inadmissibility.
Start by isolating:
- The specific forms denied and what they control (see forms & documents)
- Whether the problem is the I-130 petition itself (see Form I-130)
- Whether the denial cites financial sponsorship issues (see Form I-864)
- Any deadlines referenced for motions or responses
- Whether USCIS mentioned referral to immigration court
- Insufficient relationship evidence (USCIS not convinced the marriage is bona fide).
See: bona fide marriage evidence. - Missed deadlines (RFE/NOID not answered properly or on time).
See: RFEs & NOIDs. - Financial sponsorship issues (I-864 deficiencies or income shortfalls).
See: Form I-864. - Inadmissibility (unlawful presence, fraud/misrepresentation, criminal history, prior removal).
Start here: Inadmissibility & Waivers. - Interview issues (inconsistent answers, missing documents, or credibility concerns).
See: marriage green card interview and
interview prep.
In many marriage cases, the main strategic decision is whether to challenge the denial or start over
with a stronger filing package. If the denial forces a shift away from Adjustment of Status and toward consular processing,
it’s important to understand the difference:
Consular Processing vs. Adjustment of Status.
- USCIS made a clear mistake or ignored evidence already submitted
- You have a narrow legal issue that can be corrected without rebuilding the case
- The denial is based on misunderstanding rather than missing eligibility
- The case needs substantially stronger relationship evidence
- You need new documentation that was not previously available
- The interview record needs to be reset with a cleaner presentation
Some denials are not about the relationship at all. They are about inadmissibility. In those cases, the “next step”
often involves planning a waiver strategy rather than simply refiling the same forms. A common starting point is the
grounds of inadmissibility overview.
Waiver-related triggers often involve unlawful presence,
misrepresentation,
criminal issues, or prior removal.
Prior removal scenarios frequently require
permission to reapply (Form I-212).
Depending on the facts, waiver planning may involve an
I-601 waiver or an
I-601A provisional waiver.
For a roadmap, start at the
Inadmissibility & Waivers hub.
Depending on your status and history, USCIS may issue a Notice to Appear (NTA) after a denial. Not every denied case
is referred to immigration court, but it is a risk that needs to be evaluated early—especially if you do not have
another valid immigration status.
If your situation involves prior removal issues, it can be helpful to understand how inadmissibility differs from removability:
Removability vs. Inadmissibility.
A strong refile is not a “repeat.” It is a rebuilt submission designed to address the denial head-on. Depending on
the reason for denial, a refile may involve improved relationship documentation, a clearer explanation of facts, and
a clean approach to interview preparation.
Helpful references within our Marriage Green Card cluster include:
bona fide marriage evidence,
forms & documents,
and the marriage green card timeline.
Denials are time-sensitive. If your case involves allegations of
misrepresentation,
prior removal (see I-212),
unlawful presence,
or criminal issues,
the “right next step” may not be obvious from the notice alone. A strategy review can prevent a second denial and help
you choose between motion, refile, waiver planning, or a court-based approach.
If my marriage green card is denied, can I refile?
Often yes. Many denials can be addressed through a stronger refile, but the best approach depends on the denial ground and your immigration history.
Should I file a motion to reopen or reconsider?
A motion may be appropriate when USCIS made a clear mistake or ignored evidence already submitted. In other cases, refiling can be more effective.
Can a denial lead to removal proceedings?
It can. USCIS may issue a Notice to Appear depending on the facts and whether you have another valid status. This risk should be evaluated early.
When do I need a waiver after a denial?
Waivers are often involved when a denial is tied to inadmissibility issues like unlawful presence, misrepresentation, criminal history, or prior removal.
See the waiver resources in our Inadmissibility & Waivers section for a starting point.