Common Mistakes to Avoid When Applying for a Marriage-Based Green Card
Obtaining a green card through marriage is a common route to achieving lawful permanent residency in the United States. Although it appears simple, the process can be long and overwhelming for couples who are not well-informed in immigration law. Even minor errors can result in delays, requests for additional documents, or even rejections.
At Zavala Texas Law, we’ve seen how easily avoidable mistakes can complicate what should be a simple process. This article outlines common errors many couples make during the marriage-based green card application and provides guidance on how to avoid them.
Submitting Incomplete or Inaccurate Forms
Forms submitted with incomplete or inaccurate information are among the most common—and avoidable—errors. Notable forms commonly involved are:
- Form I-130 (Petition for Alien Relative)
- Form I-485 (Adjustment of Status)
- Form I-864 (Affidavit of Support)
- Form I-765 (Work Authorization), if applicable
- Form I-131 (Advance Parole), if travel is needed
Even seemingly insignificant errors such as blank fields or incorrect names and dates can result in delays or rejections. It’s important to double-check each form to make sure that all documentation is consistent.
Failing to Provide Evidence of a Real Marriage
For immigration purposes, USCIS requires evidence that your marriage is real, not just a formal agreement. If you submit generic evidence, USCIS will likely not consider it strong enough to prove an authentic marriage, and a Request for Evidence (RFE), or even a denial, may follow.
Strong evidence includes:
- Joint lease or mortgage documents
- Shared bank accounts or credit cards
- Photos together over time
- Joint tax returns
- Insurance policies listing each other as beneficiaries
- Affidavits from friends and family who can attest to your relationship
More detailed and personal documentation significantly decreases the chances of USCIS sending an RFE or rejection.
Not Meeting Financial Sponsorship Requirements
The U.S. citizen or green card holder petitioning their spouse is required to show their ability to provide for them financially by submitting Form I-864. This includes proof of income at or greater than 125% of the Federal Poverty Guidelines.
Common issues include:
- Submitting outdated tax returns
- Not providing W-2s or pay stubs
- Assuming a second job or cosponsor is unnecessary when income is too low
It’s vital to prepare this section carefully by including backup financial documentation.
Overlooking Immigration Violations or Inadmissibility Issues
If the spouse applying for the marriage-based green card previously entered the U.S. illegally, overstayed a visa, or has a criminal history, the couple must address this issue with legal care. Applicants often believe these problems won’t be taken into account during the process. However, they may require action such as waivers or might render the applicant ineligible for status adjustment. This is why it’s crucial to seek legal guidance before applying.
Lack of Interview Preparation
You will eventually be called in for an interview with USCIS after your application has been filed. Many couples underestimate the importance of this step, and fail to prepare for it adequately.
Mistakes here include:
- Giving inconsistent answers about your relationship
- Appearing unprepared or unsure about the answers you are giving
- Showing signs of dishonesty
Always review your application in advance. You can always rehearse interview questions together.
Trying to Navigate the Process Without Legal Assistance
Couples often try to complete the process on their own, which is not recommendable. Although it is allowed, the chance of errors happening increases—especially for those with complex situations. Seeking legal assistance from an immigration attorney helps the process run smoothly by ensuring that everything is filed correctly the first time and that you’re prepared for each step.
At Zavala Texas Law, we guide couples by providing hands-on support from start to finish, ensuring that your application is accurate, complete, and strong enough to avoid unnecessary issues or denials.
The adjustment of status process through marriage can be smooth when done correctly—but a single mistake can have a significantly negative impact on your case. Knowing the common mistakes made and seeking guidance from professionals can make all of the difference.
If you or someone you know is preparing to file for a marriage-based green card, Zavala Texas Law is here to assist. Reach out for a consultation today and make your path to permanent residence as stress-free as possible.
Author: Henry Acevedo
