Top 5 Reasons a Gay Marriage Case Gets Rejected

1. Submitting the Wrong Filing Fee to USCIS

The United States Citizenship and Immigration Services (USCIS) changes its fees, immigration process instructions, and forms frequently. It is important to carefully read the USCIS website to confirm that you are filing the right form, the right fees, and the right version of the form. If you need help in submitting applications or determining where you are on your immigration journey, please call or email JCS Immigration and Visa Services for your free initial consultation with our experienced Los Angeles immigration lawyers.

2. Applying with the Wrong U.S. Immigration Forms

Immigration law is a complicated field, and immigration reform is a continuing process. Often forms and requirements change with little fanfare or coverage in the news. It is imperative that you file the correct forms and applications for the best chances of success in your immigration process. Sometimes there may be multiple means for obtaining the immigration status you want. For example, there are two ways to obtain a permanent residence or green card status for your spouse. If you are a U.S. citizen or green card holder, your spouse may look into adjustment of status or consular processing. These two options offer different advantages and disadvantages depending on your own personal situation and circumstances. It is important to make the right decision and proceed in the best possible path for you. If you have any questions or concerns regarding the next step in your immigration journey, call or email our experienced Los Angeles immigration attorneys for a free and confidential initial consultation.

3. Sending Your Immigration Application and Paperwork to the Wrong USCIS Location

Even if you complete the correct application and have checked all of the information to make sure that it is accurate and complete, you still need to ensure that you submit the completed application form along with the necessary documents to the right USCIS office. Sending it to the wrong USCIS office will only delay your application. You will also need to attach the correct fee. Read the instructions on the USCIS website carefully. You should double check that you are mailing your application to the correct address. The last thing you want is to have your application rejected or denied because of an unnecessary error. Immigration law is a complicated field; if you have any questions do not hesitate to contact our experienced Los Angeles immigration attorneys.

4. Not Preparing Enough for the Interview with the USCIS Immigration Officer

Part of the marriage based green card process involves an interview with an USCIS immigration officer. At this interview, you and your spouse will be questioned about your relationship and history together. Although it may be stressful and harrowing because of the significance of success to you and your spouse, it is important to remember that the USCIS officer is only trying to discover the “clear and convincing evidence” that you are both in a genuine and bona fide marriage, entered into by both of you in good faith. For more information on how to prove a bona fide marriage, please read more in our section on proving that your same sex marriage is bona fide.

There are a number of ways that you can provide evidence and proof to the immigration officer. If you need help, please contact our Los Angeles immigration attorneys. Even before your applications are submitted, we will help you gather joint financial documents, evidence of joint residency and joint tax records to ensure your success in the immigration process. Visit our section on proving that your same-sex marriage is real here.

Our highly experienced U.S. immigration lawyer will support you every step of the way and attend your immigration interview and be at your side to represent you.

5. Lack of an Affidavit of Support to Include with Your Green Card Application

If you wish to petition for your spouse to obtain permanent residency in the U.S., you must accept legal responsibility for his or her financial support. To do this, you must file an Affidavit of Support. This is a form that a qualified sponsor files on the behalf of their spouse. The purpose of the form is to show that your spouse has the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The law requires that the sponsor demonstrate that he or she is able to assist the immigrant spouse financially. For more on filing an affidavit of support, please visit our section here.

Our immigration clients sometimes must rely on a jointsponsor, co-sponsor or alternative documentation of assets or income. By working with an experienced and knowledgeable immigration attorney, you save yourself time, trouble, and the potential for delays or outright denial caused by incomplete or improperly prepared immigration applications and papers. For help in proving your financial ability and filing an affidavit of support, please call or email our Los Angeles immigration attorneys.