A green card sponsored by a family member is considered one of the simplest ways to obtain immigration status. However, thousands of applicants must wait to receive Requests for Evidence (RFEs) or are denied every year due to avoidable errors in their I-130 applications.
These failures do not occur accidentally. Immigration officers, in the vast majority of cases, put petitions on hold because the documentation fails to demonstrate one critical factor: the validity of the qualifying family relationship.
Petitions based on marriage are subject to more scrutiny than any other family category. Officers learn to identify signs of fraud, inconsistencies, and poor evidence. Even real couples face problems due to the underestimation of the depth and consistency of their submission.
Knowledge of common I-130 Mistakes and RFEs may be the difference that leads to successful approval, rather than months (or years) of waiting. This blog discusses the most serious mistakes that contribute to RFEs and denials, while also focusing on demonstrating a bona fide marriage, identifying red flags, and avoiding common document pitfalls that immigration officials often notice.
Why are I-130 Petitions Scrutinized?
The I-130 Petition of the Alien Relative requires proof of the existence of a qualifying family relationship between the petitioner and the beneficiary. Contrary to popular belief, approval is not automatic just by giving a legal marriage certificate.
The immigration officers should be satisfied that the relationship is not merely a means to obtain immigration benefits. They should make internal guidelines that direct them to consider the totality of the evidence. This includes documents, personal history, timelines, and publicly available information. If anything seems inconsistent, incomplete, or unreasonable, the officer can issue an RFE or reject the petition.
A real relationship in marriage is one of the most frequent causes of delays. Most applicants often present insufficient paperwork, believing that simple paperwork is sufficient. This misconception is one of the primary causes of common I-130 mistakes and RFEs, and an applicant can easily prevent these with adequate preparation.
The Focal Point: Demonstrating a Bona Fide Marriage
In marriage-based petitions, the most prevailing reason for RFEs is the inability to establish a bona fide of marriage. Bona fide marriage refers to a contracted marriage between two partners where they enter into a relationship in good faith. The sole intention of bona fide marriage is to create a life together, rather than for the purpose of obtaining immigration benefits.
USCIS does not rely on a single document to make this decision. Instead, officers seek an identical pattern of common life evidence.
A green card denial is often due to a lack of evidence, which is among the top causes of decisions based on weak or poorly organized proof.
A powerful petition involves the following circumstances:
- Shared residence over time
- Financial interdependence
- Connection with emotions and social appreciation of the relationship.
- Coherence in documents, dates, and declarations.
The process of presenting random documents without context raises more questions than it provides answers.
Bona Fide Marriage Evidence Checklist: Officer Expectations
A bona fide marriage evidence checklist is not just any paperwork. There are several types of evidence that officers require to prove everyday life. This involves financial, residential, social, and emotional attachments. Typical forms of evidence include joint bank accounts, joint lease or mortgage agreements, bills in both names, insurance policies naming each other as beneficiaries, and a history of joint tax filing. Pictures are magnificent, but they must cover more than one incident.
RFE-Triggering Red Flag Mistakes
It is possible to prevent unnecessary RFEs by recognizing the specific red flags. These red flags do not necessarily indicate a denial but always lead to a more intensive examination.
- Unstable Relationship Timelines
One of the most overlooked yet devastating issues in marriage-based petitions is inconsistency in timelines. The officers crossmatch the dates in all forms, affidavits, photos, and personal statements. When time frames do not align, credibility immediately comes into question.
Any minor inconsistencies can raise questions, particularly when combined with other weaknesses. After an officer discovers inconsistent information, the file is perceived with more skepticism. It is among the common I-130 mistakes and RFEs that real couples face due to poor coordination between documents.
2. Irregular Social Media Inactivity
The new and critical area of criticism is social media. The Federation of Immigration Officers regularly reviews Facebook and Instagram to ensure that the relationships are authentic. The boasting of a long and serious marriage, combined with the couple’s continued internet use, which contradicts their claimed intentions, could be detrimental to their petition.
Examples include single status in the profile, the absence of photos, and posts that indicate different lives or conflicting timelines. Lack of consistent social media use does not necessarily lead to denial, but it often results in RFEs. Officers can wonder why an online relationship isn’t as close as one in real life. In the worst-case scenario, contradictions in social media have led to the discovery of misrepresentation.
The applicants’ online presence must comply with the narrative in the petition. This does not imply content creation, but it does entail being cognizant of the fact that inconsistencies are harmful.
3. Weak or Unilateral Financial Evidence
Financial dependency is a good sign of a genuine marriage. Officers may lose trust when one spouse holds all the money, and there is no record linking to the two parties. Submitting single bank accounts or providing any reason why banking is maintained separately results in denied green cards and a lack of evidence of adjudications.
In the event of separate finances due to cultural or personal reasons, the rationale must be evident and supported by other compelling reasons. One of the most common I-130 form errors to avoid is a lack of financial proof, which is also a frequent cause of RFEs.
4. Absence of Financial Commingling
Valid marriage often implies some degree of mutual financial obligation. Although USCIS knows that finances are organized differently, a total lack of commingled finances tends to be suspicious. Weak financial evidence examples include maintaining separate bank accounts, not making joint expenditures, and not having beneficiary designations in place.
When financial independence is not clarified satisfactorily, officers may wonder whether the couple is actually operating as a marital unit. This problem is often seen in denial cases due to insufficient evidence. Officers might assume the marriage is not substantive in the absence of financial records or a clear description of the assets.
5. Standard or Uniform Affidavits
Friends and family affidavits may help support a petition, but poorly written affidavits can often become counterproductive. Discounts are generally applied to generic statements that are not personal. USCIS officers seek details, and the affidavits must describe the connection between the affiant and the couple, the frequency of their communication, and the reason to believe the marriage is valid.
The exact wording in various affidavits is a warning sign of coaching or fabrication. Although an affidavit is considered auxiliary evidence, the most frequent mistakes to avoid when completing the I-130 form are using an affidavit without substantial primary documents.
Common I-130 Form Errors to Avoid
Another primary source of delays and RFEs is technical errors on Form I-130. These are minor errors, but they may be very severe. Some of the typical issues include missing signatures, incorrect dates, irregular addresses, and incomplete sections. Questions regarding previous marriages, children, or immigration history are other areas where many applicants get it wrong and end up providing incorrect answers.
These are common mistakes on I-130 forms that can be easily avoided with a close review of each section. Sadly, even minor errors after submission may result in additional processing time.
The Triggering of RFEs- Why and how it Matters?
RFE does not presuppose the refusal, but it is an indicator of potential issues. It does not imply that the evidence does not convince the officer; the officer may require further information to make a decision. Answering an RFE wrongly or inadequately may change a fixable problem into a refusal. The majority of RFEs in family cases involve three types of insufficient evidence: relationship, documentation, inconsistency, or credibility.
The origins of most of them are the same as those mentioned above: poor organization, unclear explanations, and contradictory information. The awareness of common I-130 Mistakes and RFEs enables applicants to eliminate these problems by effectively addressing them beforehand, rather than having to respond to the pressure further on.
Risk of Green Card Denial Due to Lack of Evidence
When the evidence is critical or not addressed, the outcome can be denial. The refusal of a petition for lack of evidence may lead to several consequences in the long run, such as further scrutiny of future filings.
Rejections often occur on the grounds of failure to establish a bona fide relationship or the absence of inconsistencies. A successful applicant avoided rejection by submitting a stronger first-instance petition or an improved response to RFE. Remember, decisions made by officials are based on the information available to them, and if something is not mentioned, it is assumed not to exist.
Conclusion
Family-based green card petitions are determined by the evidence provided by the petitioner rather than the intentions. Authentic relationships can go wrong when red flags are not addressed or appropriately documented. The pitfalls include inconsistencies on social media, inadequate financial evidence, inaccurate dates, and unclear contexts. An adequately vetted evidence package will save considerable time, stress, and skepticism and eliminate the risk of RFEs and rejections.
