If you or your spouse holds a green card or U.S. citizenship, you may be eligible to live together in the United States by applying for a spouse visa. These visas are one of the most widely used family immigration pathways.
Marriage fraud, however, is a federal crime, and the government screens all applications carefully to prevent abuse. This means some people are denied even when their relationship is real. This article will help you understand why that happens and what you can do next.
Why Spouse Visas Get Denied: The Key Reasons to Know
“Your first instinct after receiving a spouse visa denial may be to ask what went wrong. Most spouse visa refusals stem from two main issues. The first is when immigration officers are not fully convinced that the relationship is genuine, ongoing, and substantial,” says immigration attorney Jennifer Lopez of J. Lopez Law.
Failure to Prove the Relationship Is Bona Fide
You need to know that immigration officers will carefully examine your case to make sure your marriage is not just an arrangement for immigration benefits. They are looking for real-life signs that your relationship is active and authentic.
Your application may raise concerns if:
- You and your spouse give inconsistent details about how you met, your wedding date, or other important milestones in your relationship
- You provide little or no evidence of a shared life, such as photographs together, joint bank accounts, or regular communication records
- There are additional red flags, such as a very short courtship, a significant age gap, a lack of shared language, or a history of immigration violations
Failure to Meet Financial Requirements
To bring your spouse to live with you in the United States, you must meet financial requirements tied to one hundred twenty-five percent of the Federal Poverty Guidelines. This rule is in place to ensure that families have the means to meet basic needs.
You can demonstrate that you meet this standard by providing complete financial records, including pay stubs, tax returns, and bank statements. Problems may arise when these records are missing, when income is slightly too low, or when earnings vary too much over time, especially for those who are self-employed or working on irregular contracts.
What Should You Do After a Visa Denial?
Now that you are aware of some of the most common reasons why spouse visa applications are denied, you may be wondering what to do next if this has happened to you. Moving forward begins with understanding exactly why the government refused the application.
Read and Understand the Government Notice
Your first step should always be to carefully read the official notice provided by the government. This document explains the specific reason your application was denied. Take time to understand it fully, as it will guide every decision you make going forward.
Option 1: Administrative review
If you believe your visa was denied because the caseworker made a mistake, like misunderstanding your evidence or misapplying the rules, you might have the option to ask for an administrative review. This provides a way to request a second review of the original decision, using the information you have already provided.
Keep in mind that an administrative review does not allow you to submit any new information. It focuses on whether the original decision was wrong based on the existing file. Deadlines for requesting a review are typically short, ranging from fourteen to twenty-eight days, so you will need to act quickly if this is the right step for your situation.
Option 2: Appeal to an independent tribunal
In cases where you believe the refusal was not justified or you now have additional evidence to support your case, an appeal may be an option. The appeal would be handled by an independent body such as the Board of Immigration Appeals.
Because this process can be lengthy and requires careful presentation of facts and law, working with an experienced attorney can help you navigate it more confidently.
Option 3: File a new application
There are times when the most ideal way to move forward is not by fighting the decision but by taking another shot with a better-prepared application. If your first submission was rushed, disorganized, or incomplete, reapplying gives you space to fill in the gaps and tell your story more clearly. It may take extra effort, but sometimes that is the most realistic path toward getting your case back on track.
Final Word
We hope this article has helped you understand why spouse visas are sometimes denied and what steps you can take if you find yourself in this situation. Every case has its own facts, so speaking with an immigration attorney can help you understand the legal strategy that makes the most sense for you and your family.