Marriage-Based Green Card Case: 6 Key Tips to Avoid Common Mistakes

Thousands of marriage-based green card applications are denied each year due to avoidable errors. U.S. Citizenship and Immigration Services (USCIS) reviews every detail closely, and even a small mistake can delay your case—or worse, result in a denial.

In this article, we’ll share 6 essential tips to help better prepare a marriage-based permanent residency case. These insights are based on over 17 years of experience helping couples successfully get their green cards. Whether you’re already married or just starting the process, this guide is for you.

1. Gather documents from your home country

One of the first steps is to collect all official documents from your country of origin, such as:

• Birth certificate

• Divorce certificate (if applicable)

• Address and employment history for the last five years

If you’ll be going through consular processing, you’ll also need to provide addresses dating back to age 16. In both cases, USCIS will request your last address outside the U.S. Be sure to have this information ready to avoid delays.

2. Make sure your name is correct on all documents

One of the most common issues involves name inconsistencies or misspellings across documents. Many people change their name slightly when arriving in the U.S., or there are clerical errors in documents from their home country.

One client had to delay their case for months because their child’s birth certificate didn't have their correct name. They had to request an amendment and wait for a new birth certificate.

👉 Tip: Check that your name appears correctly on all documents, including birth certificates, marriage or divorce certificates, and your children’s records.

3. Show proof of shared life with your spouse

USCIS requires proof that your relationship is genuine and not solely for immigration purposes. You’ll need to submit joint documents, such as:

• Lease or mortgage agreements

• Utility bills

• Joint bank accounts

• Insurance policies listing both of you as beneficiaries

If you're live together before marriage, start saving those documents now. It’s essential to open joint accounts or add each other to existing accounts.

4. File your taxes correctly

One major red flag for USCIS is when married couples file taxes as single or head of household. This can harm your case.

If you’re married, you must file as:

• Married filing jointly, or

• Married filing separately

Speak with a tax professional to make sure everything is accurate before submitting your immigration application.

5. Review your criminal history

If you’ve had traffic tickets, arrests, or court appearances, it’s vital to consult with an immigration attorney before filing. Some convictions may affect your eligibility, even if you did everything the judge required.

Be sure to gather:

• Copies of tickets or court summons

• Criminal court records (court dispositions)

USCIS will want to see that you’ve complied with the law, and some offenses can carry serious immigration consequences.

6. Disclose any immigration detentions

If you were ever detained by immigration, whether at the border or inside the U.S., tell your immigration lawyer and keep all related documents.

A successful case example: A client from Mexico entered the U.S. as a child. Years later, married to a U.S. citizen, he was eligible for DACA Advance Parole. He traveled, re-entered legally, and we were able to apply for his green card based on that legal entry. USCIS approved it without an interview, and he received his green card in just eight months.

Final Recommendations

You don’t have to complete all of these steps before getting married, but preparing early can help you avoid delays and move your case forward smoothly.

✅ Quick Checklist:

• Collect documents from your home country

• Verify your name is correct on important documents

• Gather proof of shared life

• File your taxes properly

• Review your criminal history

• Consult with a lawyer if you were detained

  
  

Ready to start your process?

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Want personalized advice? Contact us 213-772-3082. Remember, every case is different, and a lawyer can help you submit your application correctly.

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This is for general information purposes only. For advice about your specific situation, contact an experienced immigration attorney.