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Common Reasons I-130 Petitions Get Denied Or  Why Matter of Soriano Still Matters: Avoiding I-130 Denials

By US Immigration Consultants

📌 What Happened in Matter of Soriano?

In Matter of Soriano, 19 I&N Dec. 764 (BIA 1988), the Board of Immigration Appeals (BIA) confirmed that many I-130 visa petitions are denied because the petitioner does not provide enough credible evidence of the claimed family relationship.

In simple terms: even if the relationship is real, if you don’t prove it properly on paper, USCIS can — and often will — deny the petition.

⚖️ What Does This Mean for Families?

An I-130 petition is the foundation of most family-based immigration cases. If it’s denied, the entire process stops. USCIS officers are trained to look closely at the evidence to prevent fraud.

That means the burden is on the petitioner to provide:

  • Clear, credible, and original evidence, and

  • Enough supporting documentation that leaves no doubt about the relationship.

If the evidence is weak, inconsistent, or incomplete, denial is likely.

🛠 Common Reasons I-130 Petitions Get Denied

Drawing from Matter of Soriano and years of practice, here are the top reasons petitions fail:

  1. Insufficient Marriage Evidence

    • Lack of joint documents (bank accounts, leases, insurance, taxes).

    • Only a marriage certificate with no proof of shared life.

  2. Inconsistent Testimony or Records

    • Petitioner and beneficiary give different answers in interviews.

    • Dates, addresses, or prior immigration filings don’t match.

  3. Weak Evidence for Parent/Child Petitions

    • Missing or altered birth certificates.

    • Lack of legitimation/adoption records when required.

  4. Prior Immigration Fraud Concerns

    • Past denials, misrepresentations, or visa overstays raise extra scrutiny.

✅ Practical Steps to Avoid Denial

At US Immigration Consultants, we help clients strengthen their I-130 petitions by:

  1. Gathering Strong Relationship Evidence

    • For spouses: joint bills, tax returns, leases/mortgages, insurance policies, photos, affidavits from friends/family.

    • For parents/children: original birth certificates, DNA tests if necessary, school and medical records.

  2. Consistency Across Documents

    • Making sure all dates, names, and addresses match across applications, tax filings, IDs, and prior immigration records.

  3. Affidavits of Support (I-864)

    • Ensuring financial sponsorship is documented correctly, so the case isn’t delayed or denied at the adjustment stage.

  4. Preparing for the Interview

    • Coaching clients on what to expect and how to answer truthfully and consistently.

  5. Responding to RFEs

    • If USCIS issues a Request for Evidence (RFE), we respond thoroughly with additional documentation rather than risking a denial.

📖 The Lesson of Matter of Soriano

The main takeaway is this: a real family relationship isn’t enough — you must prove it with strong and consistent evidence. USCIS is looking for clear documentation, not just personal statements.

That’s why our team doesn’t just fill out the I-130 form. We build a comprehensive evidence package so USCIS sees a complete, credible, and well-documented family case from the start.

📞 Need Help Filing an I-130?

If you’re preparing to file an I-130 petition for your spouse, parent, child, or sibling, don’t risk a denial due to lack of evidence.

At US Immigration Consultants, we specialize in building strong petitions backed by Matter of Soriano principles.

Call us today at 855-963-0988 or visit www.usimmigrationconsultants.net to schedule a consultation.

 

If you would like a checklist handout in English or Spanish, reach out to us at info@usimmigrationconsultants.net

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