What Should We Do if Our Spouse Visa is Denied? 

 Posted on November 03, 2022 in Immigration

Although getting United States citizenship through marriage is supposed to be one of the easiest ways to get citizenship, it is still a very long and difficult process. Because couples applying for an I-130 petition (adjustment of status) or an I-751 petition (removal of Green Card conditions) are under such strict scrutiny by immigration authorities, small mistakes in an application can result in either petition being denied. If your petition has already been denied, it is important to seek help from a Florida immigration attorney right away so the immigrant spouse does not face deportation proceedings. 

Why Are I-130 Adjustments of Status Petitions Denied? 

When a couple gets married in the United States and one partner is in the country legally but is not a U.S. citizen, the couple must complete an adjustment of status petition so the immigration spouse can get a Green Card. 

I-130 petitions could be denied for many reasons, but they are often denied because parts of the application are missing or because the couple does not provide enough evidence proving their relationship is legitimate. If your I-130 spouse petition is denied, you will need to submit a new petition and include better evidence. This can include:

• Signed letters from at least two people who know both spouses and can attest to the legitimacy of the relationship

• Photos of you and your spouse together over an extended period of time

• Photos of your wedding

• Birth certificates and photos of any children you share

It is important to note that this advice only holds if your marriage is truly legitimate. If the petition was denied because a USCIS officer thinks the marriage was a sham, petitioning again could call more attention to a fraudulent case and speed up deportation proceedings. 

Why Are I-751 Petitions Denied? 

Every couple applying for immigration for a non-citizen spouse must submit an I-751 petition after two years requesting that the conditions on the immigrant spouse’s Green Card be removed. You will be informed of your I-751 petition denial in a letter giving the reasons for denial, and will also include a Notice to Appear in court to begin deportation proceedings. 

Like I-130 petitions, Green Card condition removal petitions are often denied because of a lack of evidence that the marriage is bona fide. You will need to quickly gather additional evidence for your court hearing. Having an immigration attorney is essential for preparing for your court date because it will be the beginning of deportation proceedings. 

Contact an Orlando, FL Immigration Lawyer Right Away

One of the most common reasons that change of status or removal of conditions petitions are denied is because the couple did not have the help of an attorney who was coaching them through the process. If your spouse visa has been denied, meet with an Orange County immigration attorney with Vasquez Law Firm, PLLC as soon as possible. We offer free consultations so you can learn more about your options. Call 407-955-5000 now. 

Sources: 

https://www.uscis.gov/i-130

https://www.uscis.gov/i-751