Green Card Through Marriage: What Can Go Wrong?
26 June 2025By Alena Shautsova, New York Immigration Lawyer
Helping families unite and navigate the complexities of U.S. immigration law.
A green card through marriage is one of the most common and often the fastest ways to obtain permanent residency in the United States. However, this seemingly straightforward process is riddled with potential pitfalls that can delay or derail your case entirely. As a New York Immigration lawyer with extensive experience handling marriage-based adjustment of status cases, I have seen firsthand how avoidable mistakes and overlooked details can become major issues.
This comprehensive guide explores what can go wrong during the green card process after marriage and offers practical tips to help you avoid these issues. Whether you're a U.S. citizen filing for your spouse or the immigrant spouse seeking adjustment of status, it's essential to understand the common challenges—and how to prevent them.
The Marriage Green Card Process: An Overview
When a U.S. citizen or lawful permanent resident marries a non-citizen, they can sponsor their spouse for a green card. If the non-citizen is already in the U.S., they may be eligible to file for adjustment of status using Form I-485, along with the sponsor's Form I-130 (Petition for Alien Relative).
Key Steps in the Process:
- Submit Form I-130 and Form I-485 (if eligible to adjust status) with other applicable forms
- Attend a biometrics appointment
- Respond to Requests for Evidence (RFEs), if applicable
- Attend an interview with USCIS
- Receive a decision
For many couples, the process is relatively smooth, but several things can go wrong at any step if not properly managed.
Common Pitfalls and What Can Go Wrong
1. Insufficient Evidence of a Bona Fide Marriage
USCIS scrutinizes marriage-based green card applications for signs of fraud. Couples must prove that their marriage is genuine and not entered into for immigration benefits.
What Can Go Wrong:
- Submitting minimal or generic evidence
- Forgetting to update USCIS with new documents (e.g., joint bank accounts, lease agreements)
- Inconsistencies in the couple’s testimony during the interview
Practical Tip: Collect and preserve evidence continuously. This includes photos together, joint financial documents, lease or mortgage documents, utility bills, insurance policies, travel itineraries, text messages, and affidavits from friends and family. Start gathering evidence before filing and continue collecting throughout your relationship—you will need it again when removing conditions on your green card or applying for citizenship.
2. Unlawful Entry or Immigration Violations
Some spouses may have entered the U.S. without inspection (EWI) or overstayed a visa. These factors significantly impact eligibility for adjustment of status.
What Can Go Wrong:
- Filing Form I-485 when the non-citizen is not eligible to adjust status (fraud, criminal convictions, lack of legal entry, etc.)
- Being placed in removal proceedings for unlawful presence
Practical Tip: Consult a qualified immigration lawyer before filing. A waiver or consular processing may be required in complex cases. A misstep here can result in years of separation or a bar from reentry.
3. Previous Marriages and Divorce Issues
If either spouse has been previously married, documentation of the termination of all prior marriages is required.
What Can Go Wrong:
- Missing or incomplete divorce decrees
- Cultural or religious marriages not legally dissolved
Practical Tip: Make sure all prior marriages are legally and properly terminated. Obtain certified translations if any documents are in a foreign language.
4. Criminal History or Inadmissibility Issues
Any criminal record—whether for the petitioner or the immigrant—can complicate the process.
What Can Go Wrong:
- Failure to disclose criminal history
- Filing without checking the implications of prior arrests or convictions
Practical Tip: Get a certified court disposition for every arrest and consult with an immigration attorney. Even minor offenses can lead to denial or further legal complications.
5. Errors in Forms and Incomplete Applications
Even small mistakes in forms can delay your case or trigger an RFE or denial.
What Can Go Wrong:
- Missing signatures
- Outdated forms
- Incorrect fee amounts
Practical Tip: Double-check all forms and supporting documents. Use USCIS’s official website to download the latest forms and review current fees. If in doubt, seek professional help.
6. Failure to Attend Interview or Biometrics Appointment
Missing any appointment with USCIS without proper rescheduling can result in an automatic denial.
What Can Go Wrong:
- No-show at biometrics appointment
- Failure to notify USCIS of address change
Practical Tip: Stay on top of your case status. Register for case updates through USCIS and update your address immediately using Form AR-11.
7. Interview Anxiety or Inconsistent Answers
During the green card interview, USCIS officers will assess the authenticity of your marriage and verify details from your application.
What Can Go Wrong:
- Nervousness or over-coaching leading to red flags
- Contradictory answers about key facts (e.g., wedding date, daily routine)
Practical Tip: Review your application thoroughly with your spouse. Prepare for the interview, but don't rehearse answers to the point of sounding scripted. Be natural and honest.
8. Delays in Processing or Unexpected RFEs
Even with a solid case, USCIS may issue a Request for Evidence, or delays can arise due to backlogs.
What Can Go Wrong:
- Delay in responding to RFE
- Providing insufficient documentation
Practical Tip: Respond to RFEs promptly and thoroughly. Keep digital and hard copies of all submissions and correspondence with USCIS.
Post-Green Card: The Journey Is Not Over
Getting a green card doesn’t mean your immigration journey is over. If your marriage is less than two years old at the time of approval, the non-citizen will receive a conditional green card valid for two years.
To obtain a permanent green card, the couple must file Form I-751, Petition to Remove Conditions jointly. This filing again requires substantial proof of a bona fide marriage.
And later, when the non-citizen spouse applies for U.S. citizenship, USCIS may revisit the original marriage green card application. If doubts arise, it could result in a denial or even referral for investigation.
Practical Tip: Continue collecting and updating relationship evidence until the non-citizen becomes a U.S. citizen. Maintain joint accounts, photos, communication logs, and travel records. Document your life together, not just for USCIS but also to preserve your family’s journey.
Conclusion: Be Proactive, Be Honest, Be Prepared
Marriage-based green cards can be a rewarding path to U.S. permanent residency, but they require diligent planning, consistent documentation, and full legal compliance. The biggest mistake couples make is assuming the process is automatic or too simple to need legal advice.
As a seasoned New York Immigration lawyer, I highly recommend that you seek experienced legal counsel—especially if there are any complicating factors such as past visa overstays, criminal records, or prior immigration violations. Remember, this is not just a paperwork exercise—it’s a legal journey that requires strategy, honesty, and preparation.
Need Help?
If you or your spouse are considering filing for a green card through marriage, or you’re facing complications with your case, contact me at shautsova.com for a confidential consultation. Let’s make your immigration journey a successful one. Call us 917 885 2261!
Tags: green card based on marriage, how to adjust status after marriage, New York Immigration lawyer, USCIS I-485, I-130 petition, bona fide marriage, removal of conditions