What Happens If You Fail Your Marriage Green Card Interview

Applying for a marriage-based green card is one of the most important—and stressful—processes for couples navigating the U.S. immigration system. The marriage interview is often the final step, where USCIS officers decide whether your relationship is genuine. 

But what happens if things don’t go as planned? A failed marriage green card interview doesn’t always mean the end of your immigration journey. Here’s what to expect, why interviews are denied, and what steps you can take next. 

Understanding a “Failed” Marriage Green Card Interview 

A failed marriage green card interview usually means that USCIS has determined one of the following: 

• The officer wasn’t convinced your marriage is bona fide (real and genuine). 

• Your answers during the interview were inconsistent or incomplete. 

• Your documentation or evidence didn’t sufficiently prove your shared life. 

• There were red flags—such as language barriers, age differences, or living separately—without clear explanation. 

• USCIS believes there may be fraudulent intent in the marriage. 

You’ll typically receive a Notice of Intent to Deny (NOID) or an official denial letter, outlining the reasons for the failed interview. 

Step 1: Review the Denial or NOID Carefully 

If you’ve received a NOID or denial, don’t panic. This letter is critical—it explains exactly why USCIS denied your application. Common reasons include: 

• Lack of consistent evidence of a shared life (joint finances, cohabitation, etc.) 

• Conflicting answers between spouses during the interview 

• Missing documents or incomplete application forms 

• Past immigration violations or criminal history concerns 

Before taking action, read the notice line by line and note any deadlines listed—these will guide your next steps. 

Step 2: Consider Filing a Motion to Reopen or Reconsider (Form I-290B) 

If you believe the officer made an error or overlooked evidence, you may file Form I-290B (Notice of Appeal or Motion) within 30 days of the denial. 

• A Motion to Reopen presents new evidence or facts that weren’t available during the original interview. 

• A Motion to Reconsider argues that USCIS made a legal or factual mistake based on the evidence already submitted. 

💡 Example: If you recently obtained new proof of your marriage—like a joint lease or updated bank records—you might submit it with a Motion to Reopen. 

Having an immigration attorney prepare the motion is highly recommended, as it requires precise legal arguments and supporting documents. 

Step 3: Refile Your Marriage Green Card Application 

Sometimes, it’s more strategic to start over instead of appealing. Refiling your case can be beneficial if: 

• You now have stronger bona fide marriage evidence (joint taxes, children, etc.) 

• Your relationship has matured and is easier to document 

• You’ve resolved previous issues or inconsistencies 

Refiling gives you the chance to rebuild your case from scratch, ensuring every detail aligns and your evidence tells a clear story. 

Step 4: Appeal to the Administrative Appeals Office (AAO) 

If you believe USCIS was wrong to deny your case, you can appeal to the AAO. 

• This must be done within 30 days of the denial (or 33 if the notice was mailed). 

• You’ll need to submit Form I-290B and a legal brief outlining why the denial should be reversed. 

• The AAO review process can take several months, sometimes longer. 

💡 Tip: Appeals are technical and evidence-heavy—get help from an experienced immigration lawyer who knows how to present compelling arguments. 

Step 5: Prepare for a Stokes (Second) Interview 

In some cases, instead of an outright denial, USCIS may schedule a second or “Stokes” interview—a more detailed session often conducted separately for each spouse. 

During this interview: 

• Each spouse is questioned individually. 

• Officers compare answers for inconsistencies. 

• The focus is on verifying whether the marriage is legitimate. 

To prepare, review your timeline, shared documents, and personal details together. This is your chance to clarify any misunderstandings from the first interview. 

Step 6: Understand the Consequences of a Fraud Finding 

If USCIS determines that your marriage was entered into for immigration benefits only, it can have serious consequences, including: 

• Permanent ineligibility for future immigration benefits 

• Possible removal (deportation) proceedings 

• Criminal penalties for marriage fraud 

If you’re facing allegations of fraud after a failed marriage green card interview, it’s critical to consult an attorney immediately to protect your rights. 

Step 7: Strengthen Your Case for the Future 

Whether you’re refiling or appealing, take time to improve your evidence before the next submission. Include: 

• Updated joint financial documents 

• More photos across different settings and timelines 

• Affidavits from friends or family who know your relationship 

• Proof of shared responsibilities (bills, memberships, travel plans) 

The stronger your bona fide marriage evidence, the better your chances of approval next time. 

Final Thoughts 

A failed marriage green card interview can be discouraging—but it doesn’t have to end your immigration journey. Most couples who take the time to strengthen their evidence, clarify inconsistencies, and get professional help succeed in later filings. 

Failing the interview is a setback, not a final verdict. With the right steps—motions, appeals, or refiling—you can rebuild your case and move forward together. 

If you and your spouse are feeling uncertain after a failed interview, consider enrolling in a Green Card Interview Prep Course for Couples. It can help you:

• Review what went wrong and how to fix it

• Rebuild confidence before your next interview

• Understand exactly what USCIS looks for in a bona fide marriage