As a Miami immigration attorney who has represented a good number of clients on marriage-based green card applications, I have encountered certain themes throughout my career.
If you do not currently have any other legal status in the United States, then you should be receiving a Notice to Appear (NTA) after your application is denied.
Your attorney may inform the Immigration Judge that you would like to seek adjustment of status as your relief from removal. A deadline will be set for you to provide all paperwork to the court and to the government attorney. Your attorney will likely give copies to the Immigration Court and the government attorney of your I-485 and all supporting evidence, plus the receipts from USCIS (I-797 s) showing that your application was received and that fees were paid. Your immigration attorney should also have worked with you beforehand to see if  you can come up with more evidence, which you did not present with your original application to USCIS.
If USCIS did not revoke or deny your family petition (I-129F or I-130) then your Miami immigration attorney may  file a new application to adjust status (I-485) with the petition receipt and all other supporting evidence. Whether you will be successful at obtaining a green card either by renewing your claim in immigration court or submitting a new one really depends on why the application was denied in the first place. As a Miami family-based immigration attorney, it is disconcerting how many individuals come to me with otherwise strong cases, but for the lack of bona fides.


If you are truly eligible to adjust status, but just did not prepare your application well the first time, you could succeed when you renew or refile by including more information and evidence.
It is possible that USCIS believed you were inadmissible for some reason other than lack of evidence. For more information on what constitutes a bona fide marriage, please contact Miami family-based immigration attorney Michael G. Again, you should seriously consider retaining a Miami immigration lawyer to assist with this. The Immigration Judge will also set a date for your Individual or “Merits” Hearing, which is when your Miami family-based immigration attorney will present your case. If you are in some other valid status such as on a nonimmigrant work visa, student visa, temporary protected status (TPS), DACA, or are not deportable for some other clear reason, USCIS will not issue an Notice to Appear. Most often, in cases based on marriage, USCIS may deny an application if it did not think there was enough evidence that the marriage was bona fide. For example, the denial might be based on a past criminal conviction or a prior order of removal. In order to do so, the applicant must adequately buttress the application with enough documentation to prove to the USCIS that the marriage is not a sham.


If USCIS was correct about the facts and the law, then you can expect a denial if you renew or refile without first taking other steps to remedy the basis for your apparent inadmissibility. If you  did not provide enough evidence to prove that your marriage is real, you can think of your immigration court hearing or chance to refile as an opportunity to overcome that issue.
This is why I almost recommend that you consult with an immigration attorney for your marriage-based adjustment application.
However, if the USCIS actually found evidence that you were committing marriage fraud, your chances of success are much lower.
At this point, you should absolutely consult a Miami family-based immigration attorney with experience in marriage fraud cases to see if you have a chance at remedying the situation. Again, at this point it would be advisable to speak with a Miami immigration attorney to find out whether you qualify for a waiver.



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