What Should You Do If Your I-130 Is Denied for Lack of a Bona Fide Marriage?

Receiving a denial notice for your Form I-130, Petition for Alien Relative, can be deeply distressing, especially when the reason cited is a lack of a “bona fide marriage.” This finding from U.S. Citizenship and Immigration Services (USCIS) essentially questions the authenticity of your relationship. At Kriezelman Burton & Associates, LLC, we understand the anxiety this causes and want to provide the assured legal guidance you need. A denial is a serious setback, but it is not necessarily the end of your immigration journey.

If your I-130 petition has been denied, it is essential to act decisively and strategically. Here are the key steps to take:

• Thoroughly Review the Denial Notice: Understand the specific reasons USCIS did not believe your marriage was genuine.
• Consult an Experienced Immigration Attorney: Seek professional legal advice immediately to evaluate your options and protect your rights.
• Gather Additional Evidence: Collect stronger documentation to prove the legitimacy of your marital relationship.
• Decide Whether to Appeal, File a Motion, or Reapply: Your attorney can help you determine the best path forward based on your case.

Understanding the Reasons for Denial

USCIS denies I-130 petitions for lack of a bona fide marriage when the adjudicating officer is not convinced that you and your spouse entered the marriage with the genuine intent to build a life together. This conclusion can stem from several factors, such as:

• Insufficient Evidence: The documents you submitted may not have been enough to establish a shared life.
• Inconsistent Interview Answers: You or your spouse may have provided conflicting information during the USCIS interview.
• Red Flags: Certain factors, like large age differences, language barriers, or a history of prior immigration filings, can trigger increased scrutiny.
• Negative Findings from an Investigation: This could include a site visit where evidence of a shared residence was found to be lacking.

Your Options After a Denial

Upon receiving a denial, you have a limited time to act. It is critical to consult with an immigration attorney to determine the most effective strategy. Your primary options include:

• Filing an Appeal: You can appeal the decision to the Board of Immigration Appeals (BIA). An appeal argues that the USCIS officer made a legal or factual error. This path requires a strong legal brief that points out specific mistakes in the adjudicator’s reasoning.
• Filing a Motion to Reopen or Reconsider: A Motion to Reopen presents new facts and evidence that were not available at the time of the original decision. A Motion to Reconsider argues that the decision was based on an incorrect application of law or policy.
• Filing a New I-130 Petition: In many cases, the most effective option is to file a new, more robust I-130 petition. This allows you to address the prior deficiencies head-on and submit a much stronger package of evidence from the start.

To strengthen a future filing, you must gather comprehensive proof of your life together. This includes documents like joint bank account statements, lease agreements or mortgages in both names, joint tax returns, photos of your life together over time, and affidavits from friends and family who can attest to the authenticity of your relationship.

The attorneys at Kriezelman Burton & Associates, LLC, provide the professional and empathetic support needed to resolve these complex immigration challenges. We will meticulously review your denial, help you gather the necessary evidence, and advocate on your behalf to seek the positive outcome your family deserves.

If you have received an I-130 denial, contact Kriezelman Burton & Associates, LLC.