Key Takeaways
• USCIS RFEs request more evidence for marriage green card applications, delaying processing by 2 to 6 months.
• Applicants must respond within 30 to 90 days using updated forms to avoid denial.
• Common RFE reasons include missing joint financial records, proof of bona fide marriage, and updated medical exams.
Applying for a marriage green card through U.S. Citizenship and Immigration Services (USCIS) can be a long and sometimes stressful process. One of the most common hurdles applicants face is receiving a Request for Evidence (RFE). An RFE can cause delays, increase stress, and even put your application at risk if not handled correctly. This guide explains what an RFE is, how it affects your marriage green card timeline, and provides a step-by-step approach to responding effectively. You’ll also find practical tips, common pitfalls, troubleshooting advice, and a checklist to help you stay on track.
Introduction: Understanding the Purpose of an RFE in the Marriage Green Card Process
A Request for Evidence (RFE) is an official notice from USCIS asking for more information or documents before making a decision on your marriage green card application. RFEs are not denials, but they do mean that USCIS needs more proof to decide if your marriage is real or if you meet all the requirements for a green card.
As of early 2025, USCIS has made several changes to the marriage-based green card process. These include updated forms, stricter evidence requirements, and more detailed interviews. Because of these changes, the risk of getting an RFE has increased, and the way you respond can have a big impact on your application’s outcome and timeline.
Step 1: Recognize and Understand the RFE
What is a Request for Evidence (RFE)?
A Request for Evidence is a formal letter from USCIS. It tells you that your application is missing something or that USCIS needs more proof before making a decision. RFEs are common in marriage green card cases because USCIS wants to make sure the marriage is real and not just for immigration benefits.
Key facts about RFEs:
– RFEs are not denials. They are a chance to fix problems or provide missing information.
– You must respond by the deadline. This is usually between 30 and 90 days.
– If you do not respond, your application may be denied.
Recent Policy Update:
As of January 22, 2025, USCIS announced that officers would no longer issue RFEs as of January 20, 2025, but this does not apply to all cases. Some applicants may still receive RFEs, especially if their application is missing important documents or if there are questions about the marriage.
Step 2: Review the RFE Carefully
When you receive an RFE, the first thing to do is read it very carefully. The letter will explain exactly what USCIS needs and why. Missing or misunderstanding any part of the RFE can lead to delays or even denial.
How to review your RFE:
– Read every section. Pay attention to what documents or information USCIS is asking for.
– Highlight deadlines. Note the exact date by which you must respond.
– Check for specific instructions. Sometimes, USCIS asks for original documents, certified translations, or specific types of evidence.
Common reasons for RFEs in marriage green card cases:
– Not enough proof that the marriage is real (bona fide marriage)
– Missing joint financial records (like bank statements or tax returns)
– Lack of shared lease or mortgage documents
– Not enough photos or communication records
– Missing or incomplete medical exam results
Step 3: Gather the Required Evidence
Once you understand what USCIS needs, start collecting the requested documents right away. The evidence you provide should directly address the issues raised in the RFE.
Types of evidence often requested:
– Joint financial records: Bank statements, joint tax returns, shared credit card bills
– Shared housing documents: Lease agreements, mortgage statements, utility bills with both names
– Photos together: Pictures from different times and places, especially with family and friends
– Communication records: Emails, text messages, call logs showing regular contact
– Medical exam results: Make sure to use the latest forms and submit them upfront
Tips for gathering evidence:
– Be thorough. Include as much relevant evidence as possible.
– Stay organized. Label each document and explain what it shows.
– Use certified translations if any documents are not in English.
Important:
As of April 3, 2025, only the 01/20/25 edition of Form I-485 (Adjustment of Status) is accepted. For Form I-129F (Fiancé Visa), only the 01/20/25 edition is accepted starting May 1, 2025. The Form I-130 (Petition for Alien Relative) 04/01/24 edition remains valid but now includes clear warnings about marriage fraud.
Step 4: Prepare and Submit Your Response
After gathering all the required evidence, you need to prepare your response to the RFE. This step is critical because a weak or incomplete response can lead to denial.
How to prepare your response:
– Write a cover letter. Briefly explain what you are submitting and how it addresses the RFE.
– Organize your documents. Use tabs or labels to make it easy for USCIS to find each piece of evidence.
– Include only what is requested. Do not send extra documents unless they directly support your case.
– Make copies. Keep a complete copy of everything you send.
How to submit your response:
– Mail your response to the address listed in the RFE. Follow all instructions about mailing and packaging.
– Respond within the deadline. Most RFEs give you 30 to 90 days. Missing the deadline can result in denial.
– Use tracking. Send your response by a method that provides delivery confirmation.
Time estimate:
– Gathering evidence: 1–3 weeks, depending on how quickly you can collect documents
– Preparing response: 1–2 days
– Mailing and delivery: 2–5 days, depending on your location and mailing method
Step 5: Wait for USCIS Review
After you submit your response, USCIS will review the new evidence. This review can take time, so patience is important.
What to expect:
– USCIS review time: At least 60 days after receiving your response
– Possible outcomes:
– Approval of your marriage green card application
– Another RFE if more information is needed
– Notice of Intent to Deny (NOID) if USCIS is not satisfied
– Denial if the response is incomplete or does not address the RFE
Impact on timeline:
Receiving an RFE can add several months to your overall marriage green card processing time. The typical process already takes 10 to 14 months or longer. An RFE can add 2 to 6 months or more, depending on how quickly you respond and how long USCIS takes to review your case.
Common Pitfalls and How to Avoid Them
1. Missing the RFE Deadline
– Consequence: Application may be denied.
– Solution: Mark the deadline on your calendar and respond as early as possible.
2. Submitting Incomplete Evidence
– Consequence: Another RFE or denial.
– Solution: Double-check the RFE and your response to make sure you have included everything requested.
3. Sending Unorganized Documents
– Consequence: USCIS may overlook important evidence.
– Solution: Use a cover letter and organize documents clearly.
4. Using Outdated Forms
– Consequence: Application may be rejected.
– Solution: Always use the latest versions of forms. For example, only the 01/20/25 edition of Form I-485 is accepted after April 3, 2025.
5. Not Providing Certified Translations
– Consequence: Evidence may not be accepted.
– Solution: Translate all non-English documents and include a certification.
Troubleshooting: What to Do If Problems Arise
If you miss the RFE deadline:
– Contact USCIS immediately. Sometimes, you may be able to explain the delay, but there is no guarantee your case will be reopened.
If you cannot find a required document:
– Provide a written explanation and offer alternative evidence if possible. For example, if you cannot get a joint lease, provide letters from your landlord or neighbors.
If you receive a Notice of Intent to Deny (NOID):
– Respond quickly and provide as much evidence as possible. Consider consulting an immigration attorney for help.
If your application is denied:
– You may be able to file a motion to reopen or reconsider, or you may need to start a new application. Seek legal advice if you are unsure.
Checklist Summary: Responding to a Marriage Green Card RFE
Before you submit your response, make sure you have:
- [ ] Read the RFE carefully and understood what is needed
- [ ] Gathered all requested documents and evidence
- [ ] Used the latest versions of all required forms
- [ ] Prepared a clear and organized cover letter
- [ ] Labeled and organized all documents
- [ ] Included certified translations for non-English documents
- [ ] Made copies of everything for your records
- [ ] Sent your response to the correct address by the deadline
- [ ] Used a mailing method with tracking
Time Estimates for Each Step
- Receive and review RFE: 1–2 days
- Gather evidence: 7–21 days
- Prepare response: 1–2 days
- Mail response: 2–5 days
- USCIS review: At least 60 days
Total additional time added to your case:
2 to 6 months (including response time and USCIS review)
Staying Up to Date and Getting Help
Because USCIS policies and forms change often, always check the official USCIS website for the latest information. You can also find the most current versions of all forms there. Consulting with an immigration attorney or a trusted service can help you avoid mistakes and reduce the risk of delays.
As reported by VisaVerge.com, experts stress the importance of submitting complete and thorough documentation with your initial application. This is the best way to avoid RFEs and keep your marriage green card process on track.
Final Takeaways and Practical Guidance
- RFEs are common but manageable. They are not denials, but they do require quick and careful action.
- Responding on time with complete evidence is critical. Missing the deadline or sending incomplete information can lead to denial or even removal proceedings if you are out of status.
- USCIS is stricter than ever. With updated forms, more evidence requirements, and tougher interviews, it’s important to be prepared from the start.
- Stay organized and keep records. This will help you respond quickly if you receive an RFE.
- Seek help if needed. Immigration attorneys and trusted services can guide you through the process.
By following these steps and staying informed about the latest USCIS policies, you can handle a Request for Evidence confidently and keep your marriage green card application moving forward.
For more information and official updates, always refer to the USCIS website. This is the best source for current forms, deadlines, and policy changes.
Learn Today
Request for Evidence (RFE) → A USCIS formal request for additional documents or information to support an immigration application.
USCIS → U.S. Citizenship and Immigration Services, the government agency managing immigration processes in the United States.
Marriage Green Card → An immigration status granted based on a valid marriage to a U.S. citizen or permanent resident.
Form I-485 → Application to register permanent residence or adjust status to lawful permanent resident in the U.S.
Notice of Intent to Deny (NOID) → A notification that USCIS intends to deny an application unless additional evidence or explanation is provided.
This Article in a Nutshell
Receiving a Request for Evidence (RFE) during a marriage green card process signals USCIS needs more proof. Responding carefully, on time, and with updated forms is critical to avoid denial and lengthy delays in an already complex application process.
— By VisaVerge.com
