You open a letter from immigration, see the word “denied,” and everything else on the page seems to blur. In a few seconds your mind jumps to the worst possibilities, losing your work permit, being forced to leave Chicago, or being separated from your spouse after building a life together here. That single word, “denial,” can make it feel like every door has just slammed shut.
For most couples, that letter comes after months or years of gathering documents, answering forms, and waiting for an interview at the Chicago USCIS Field Office. When a marriage-based green card or immigrant visa is denied, it is natural to feel that you did something terribly wrong or that the government never really believed your marriage was real. Behind that fear, there is a practical question that brought you here today, what options do we have after this marriage visa denial in Chicago, and which one makes sense for our situation.
At Aparicio Immigration Law, we work with couples across Cook County who are facing this exact situation. Our office is near the Chicago Immigration Court, and we regularly review I-130 and I-485 denials that came from the Chicago field office or USCIS service centers. Our bilingual team communicates in English and Spanish, and our founding attorney’s own experience as an immigrant shapes how we approach these cases. In this guide, we walk through how we look at a denial notice and how we help Chicago couples understand and pursue realistic marriage visa denial options.
What a Marriage Visa Denial Really Means For Chicago Couples
A denial is not the same in every marriage case. Some couples receive a denial of the I-130 petition, which is the form where the U.S. citizen or resident spouse asks USCIS to recognize the marriage relationship. Others receive a denial of the I-485 application, which is the adjustment of status request that turns an approved petition into a green card when the immigrant spouse is already in the United States. Understanding which piece was denied is the starting point for understanding what happens next.
If USCIS denies the I-130, it is saying that it will not recognize the marriage as a qualifying relationship for immigration purposes. That can be because the officer believes the marriage is not bona fide, because there is a prior unbroken marriage, or because of certain legal bars. If USCIS denies the I-485 but leaves the I-130 approved, it is saying the relationship exists, but the immigrant spouse is not eligible to adjust status in the way requested. That might relate to unlawful presence, criminal issues, or other grounds of inadmissibility. Each scenario opens and closes different options.
The denial notice itself usually has a section labeled “Basis for Denial” or similar language. In that part, USCIS lists the factual and legal reasons the officer relied on, often with citations to regulations or statutes. When we sit down with a couple in Chicago after a denial, that section is one of the first things we review, line by line. Reading it carefully, and comparing it to what you filed, tells us whether the problem was missing evidence, contradictions in the record, a legal bar, or a combination of these.
A denial does not automatically mean that an immigrant spouse will be taken into custody or removed from the United States. Many people remain in the country without status for some time after a denial, although they are at risk of future enforcement and lose benefits tied to the pending application. For those who are already in removal proceedings at the Chicago Immigration Court, a denial may affect which forms of relief can be pursued in court, but it is not the end of the story. Our role is to explain where you actually stand so fear is replaced with a clearer picture of risk and opportunity.
Common Reasons Marriage Visa Cases Are Denied
Most denial letters follow patterns that we see again and again in Chicago marriage cases. By recognizing these patterns, you can better understand what went wrong and what might be fixable. One frequent reason is a finding that there is not enough evidence of a bona fide marriage. This usually means USCIS felt you did not show enough proof that you share a real life together, things like joint finances, leases, insurance, or consistent testimony about your relationship history.
Another common issue is what the officer perceives as inconsistent or not credible answers at the interview. Couples may be nervous, misunderstand questions, or forget details, especially when interviews are conducted in a second language. The officer may write that answers between spouses did not match or that the officer had concerns about credibility. In Chicago, we see this especially in cases where there are cultural differences or where interpreters are used without clear preparation.
Priors in your immigration history are another major source of denials. Prior entries without inspection, long periods of unlawful presence, old removal orders, or past applications that involved mistakes can all show up in your record. Even if you did not intend to misrepresent anything, USCIS may view certain inconsistencies or omissions as misrepresentation. In those cases, the denial often cites inadmissibility grounds rather than just weak evidence, which means the solution is not simply sending in more documents.
Often, a denial is preceded by a Request for Evidence or a Notice of Intent to Deny. These notices give you a chance to fix the record, but they also preview the officer’s main concerns. When we review a case, we look not only at the denial but also at any RFE or NOID responses, because they show which arguments and documents USCIS already considered. In Chicago, we see officers paying close attention to whether couples responded fully to those notices. Understanding that trail helps us decide whether an appeal, motion, or new filing stands a better chance of addressing the problem.
Appeal, Motion, or Refile: Comparing Your Main Options
Once you know why your marriage case was denied, the next question is what to do with that information. For most couples, the main paths after a denial are filing an appeal, submitting a motion to reopen or reconsider, or refiling a new petition or application. Each choice has different requirements, timelines, and uses, and not every option is wise in every case.
An appeal is generally filed on Form I-290B. In some marriage-related cases, appeals go to the Administrative Appeals Office, while in others, they may be certified to the Board of Immigration Appeals. An appeal focuses on arguing that the officer made a legal or factual error based on the record that already existed at the time of the decision. New evidence is limited. Appeals usually must be filed within a short window, often around 30 days from the date of the decision, so waiting too long can close this door.
A motion to reopen and a motion to reconsider are also filed on Form I-290B, but they serve different purposes. A motion to reopen asks USCIS to look at new facts or evidence that were not previously available and that could change the outcome. A motion to reconsider argues that the officer applied the law incorrectly to the existing record. Sometimes a couple files both types of motion together, but each has its own standards. These options may be appropriate when the denial is partly your own filing mistake and partly a misunderstanding by the officer.
Re-filing, either the I-130, the I-485, or both, can be more effective in certain situations. If the denial was mainly about missing or weak evidence of a bona fide marriage, and there are no serious inadmissibility issues, building a much stronger new package with better documentation is often more efficient than appealing. A new filing allows you to reshuffle the record, add months or years of additional joint evidence, and prepare more carefully for a new interview at the Chicago field office.
How We Help Chicago Couples Weigh These Choices
We rarely recommend an option without first mapping the couple’s full picture, immigration history, current status, work authorization needs, and personal plans in Chicago. For some couples, the delay of an appeal could mean losing work authorization or health coverage while the case is pending, which might not be practical. For others, a carefully argued motion or appeal is necessary to correct a clear legal error that will keep repeating if left unchallenged.
We also pay attention to local processing trends. For example, if refiling an I-485 in Chicago is currently moving faster than waiting for an appeal, and the denial was purely about evidence, a refiling with a much stronger record might make more sense. In every scenario, we walk through the tradeoffs so that the couple understands not only what is technically possible, but also what is realistic for their lives in Cook County.
How Your Immigration History Shapes Your Options
Two couples can receive similar-looking denial letters but have very different paths forward because of their immigration histories. One key factor is how the immigrant spouse entered the United States. Someone who entered with a visa and was inspected at a port of entry generally has more adjustment possibilities than someone who crossed the border without inspection. That difference can decide whether another adjustment attempt in Chicago is viable or whether consular processing abroad becomes part of the conversation.
Unlawful presence also heavily affects strategy. Long periods in the United States without valid status can trigger three-year or ten-year bars once the person departs the country, which complicates any plan that involves consular processing. A prior removal order, voluntary departure order, or deportation also creates obstacles that must be evaluated before deciding to move forward. These are not details to gloss over. They are the backbone of any post-denial plan.
Criminal history and misrepresentation findings add another layer. Even minor convictions or old arrests can interact with immigration law in unexpected ways. A denial that cites misrepresentation is especially serious, because it suggests USCIS believes there was an intentional false statement or omission. In those cases, simply filing more evidence without addressing the alleged misrepresentation is unlikely to work. We spend time tracing what was said in past applications and interviews to see how that conclusion was reached.
Because our firm is immigrant-led and our team draws on diverse professional backgrounds, we understand that people’s histories are often complicated and not captured fully in a single form. In consultations, we ask detailed questions about travel history, prior applications, and family circumstances. That depth of understanding allows us to suggest options that match the person’s real-life history, rather than assuming that every denied couple should follow the same path.
What If Your Case Is Or Becomes Part Of Removal Proceedings In Chicago
For some couples, the denial of a marriage-based case connects directly to removal proceedings. USCIS may issue a Notice to Appear, which is the document that starts a deportation case in immigration court. If you receive a Notice to Appear for a hearing at the Chicago Immigration Court, your case moves from the USCIS environment to a courtroom setting with an immigration judge, government attorney, and different rules.
In certain situations, a marriage-based petition or application that was denied or not decided at USCIS can be renewed in immigration court. The judge can look at the evidence afresh, hear testimony, and make independent findings on whether a marriage is bona fide or whether a person qualifies for adjustment of status. The standards and procedures are different, and court calendars can stretch over months or years, but this path can offer a second chance where USCIS was not persuaded.
Proceedings in Chicago have their own rhythms. Cases are scheduled for master calendar hearings, which are shorter status hearings, and individual hearings, which are longer trials on the merits. Knowing how judges in this court typically handle marriage-based relief, continuances, and evidence presentation helps in planning a strategy that matches the courtroom reality, not just what is written on the forms.
Because our office is near the Chicago Immigration Court and we have litigation experience there, we are familiar with how marriage cases can play out in that setting. When we meet with a couple whose denial has triggered or intersected with removal proceedings, we talk not only about forms but about courtroom preparation, timelines, and what it means to present their relationship story to an immigration judge. That perspective can change how we advise on appeals, motions, and new filings.
Strengthening Your Case Before You Try Again
Regardless of the option you choose, the next step after a denial should never be to send the same package again with a different cover letter. A denial is feedback, even if you disagree with it. Strengthening your case means addressing the specific concerns the officer raised and filling the gaps in your record that led to those concerns. For many Chicago couples, this starts with building a much more complete picture of their shared life.
Bona fide marriage evidence is about showing that you function as a real household. Joint leases or mortgages, joint bank accounts, shared utility bills, car titles, health or life insurance naming each other as beneficiaries, joint tax returns, and evidence of children together can all help. So can affidavits from friends or family who know you as a couple, if they are detailed and honest. We look at what was missing the first time and help couples gather more clear, organized documentation that matches the story of their relationship.
Interview preparation is another key piece. Many couples felt blindsided by the first interview, especially when language barriers or cultural differences are involved. As a bilingual team, we prepare clients in English or Spanish for the types of questions they are likely to face at the Chicago field office. We work through timelines of how you met, important dates, daily routines, and household responsibilities so that small inconsistencies do not snowball into credibility concerns.
Correcting inconsistencies in your forms and statements is also critical. Over years, people may fill out several applications, sometimes with help from different preparers. Dates, addresses, and job histories can shift without anyone noticing. When we rebuild a case, we compare the entire record, not just the last filing, and help clients understand where the government might see a pattern that looks suspicious. Then we decide together how to address it openly and clearly in the next filing.
Our client-centered process focuses on understanding your unique story first, then tailoring the legal strategy. That means spending time with you, in the language you are most comfortable with, and asking questions that go beyond checkboxes. By doing this before you appeal, file a motion, or refile, we reduce the risk of repeating the same mistakes that led to denial in the first place.
When To Get Legal Help With A Marriage Visa Denial In Chicago
Some couples consider handling a denial on their own, especially if they filed the original case without representation. There are situations, however, where trying to fix it alone carries significant risk. If the denial mentions fraud or misrepresentation, prior removal orders, criminal history, or complex inadmissibility grounds, the consequences of a misstep can be severe. Missing the deadline for an appeal or motion can also permanently close some paths that might otherwise have been available.
Even in a case that seems simple, for example a denial based on insufficient evidence of a bona fide marriage, the next attempt may be your last realistic opportunity to present your case cleanly. Officers often look at prior denials, and it can become harder to overcome doubts if each new filing repeats the same weaknesses. Getting guidance before you move forward can help you understand which option fits your goals and what level of documentation will be needed to make a meaningful difference.
In a consultation with Aparicio Immigration Law, we typically start by reviewing your denial notice, any RFE or NOID you received, and copies of everything you filed before. We then talk through your immigration and travel history, prior interactions with immigration agencies, and your current life in Chicago. From there, we outline the options that appear viable in your situation, whether that is an appeal, motion, new filing, or court-based strategy, and we discuss the pros, cons, and timelines of each.
To make that meeting productive, we encourage you to bring all immigration paperwork you have, including older applications, and to think about your questions in advance. Our goal is not to pressure you into any particular path, but to give you a clear understanding of your marriage visa denial options in Chicago so you can make informed decisions with your spouse.
Talk With A Chicago Immigration Team About Your Marriage Visa Denial Options
A marriage visa denial is painful and frightening, but it is also a moment to pause, understand exactly what USCIS said and why, and choose your next step with open eyes. For many couples in Chicago, there are still multiple paths available, from motions and appeals to stronger refilings or court-based relief, as long as deadlines are respected and the couple’s full history is taken into account.
If you and your spouse are facing a marriage-based denial, you do not have to sort through these choices alone. The team at Aparicio Immigration Law focuses on immigration matters in Cook County, works in both English and Spanish, and meets with couples near the Chicago Immigration Court to review denial notices and build tailored strategies. We invite you to contact us, bring your decision letter and immigration history, and sit down with us to talk through your options and next steps.