You got an RFE on your I-751. That's not a denial. What you need to know: how to respond, what evidence to include, and how to meet the 87-day deadline.
If you just received a Request for Evidence on your I-751 petition, take a breath. An RFE means USCIS is giving you a second chance to prove your marriage is real before making a final decision. Many couples get approved after responding to an RFE. But you need to respond correctly and on time. This guide covers the entire process, from reading your RFE notice to submitting a strong response package. If you haven't filed your I-751 yet, start with our complete I-751 guide instead.
What Is an I-751 RFE?
A Request for Evidence is a formal notice from USCIS asking you to submit additional documentation for your I-751 petition to remove conditions on your green card. It means the officer reviewing your case couldn't approve it based on what you originally submitted, but they're not denying it either.
Under current USCIS policy, adjudicators can deny benefit requests outright in some cases when required initial evidence is missing or there is no legal basis for approval, without issuing an RFE first (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). So receiving an RFE generally means USCIS is giving you an opportunity to submit additional evidence before making a final decision.
The 87-Day Deadline: Limited Flexibility
Your RFE notice will include a specific response deadline. Under 8 CFR § 103.2(b)(8)(iv), USCIS may allow up to 12 weeks (84 days) to respond to an RFE. If the RFE was served by ordinary mail, USCIS applies an additional 3 days under 8 CFR § 103.8(b) for mailing - meaning USCIS generally treats an RFE response as timely if it's received within 87 days after USCIS mails the RFE.
What you need to know about this deadline:
USCIS generally does not grant extensions for RFEs. The regulations state that additional time to respond to an RFE may not be granted. However, USCIS policy guidance also notes that officers may, in their discretion, treat a late RFE response as timely when warranted by the circumstances.
Missing the deadline has serious consequences. If you fail to respond, USCIS may deny your petition as abandoned, deny it on the record, or both. If USCIS denies Form I-751, USCIS terminates conditional permanent resident status as of the date of the decision and (per USCIS policy guidance) is required by statute to issue a Notice to Appear (NTA) placing the conditional permanent resident in removal proceedings. USCIS also issued broader NTA guidance on Feb. 28, 2025 that generally defaulted toward issuing NTAs after unfavorable decisions where the person is removable.
Don't wait until the last day. USCIS must receive your response by the deadline, not just have it postmarked. Mail delays, weather, and delivery issues are your problem, not theirs. Aim to submit your response at least 10 to 14 days before the deadline.
To confirm your deadline, use the response due date listed on your RFE notice. If you're mailing your response, USCIS policy generally treats the response as timely based on when USCIS receives it (not the postmark), including the additional mailing days USCIS applies for RFEs served by ordinary mail. Mark the listed due date on your calendar and set reminders.
Common Reasons USCIS Issues an I-751 RFE
Your RFE notice will specify what USCIS wants to see. The most common reasons for I-751 RFEs include:
Insufficient evidence of a bona fide marriage. This is the most frequent reason. USCIS didn't see enough proof that your marriage is genuine, or the evidence you submitted didn't cover the full period of your marriage. You can find a detailed breakdown of what evidence USCIS values most in our I-751 document checklist.
Gaps in your evidence timeline. You may have submitted strong evidence for recent months but nothing from earlier in your marriage. USCIS wants to see documentation spanning your entire relationship as married (8 CFR § 216.4(a)(5)).
Missing required documents. Sometimes an RFE is about something straightforward you forgot to include, like copies of both sides of your green card, proper passport photos, or a signed form.
Inconsistencies in your application. If your addresses don't match across documents or there are discrepancies in your filing, USCIS may ask you to explain.
Updated information requested. USCIS may want current evidence, particularly if your case has been pending for a long time. Updated financial records, recent address verification, or new affidavits may be requested.
Step-by-Step: How to Respond to Your I-751 RFE
Follow these steps to prepare a strong RFE response.
Step 1: Read Every Line of the RFE Notice
This sounds obvious, but many people skim the notice and miss specific requests. The RFE will tell you exactly what USCIS wants. Some requests are general ("additional evidence of bona fide marriage") and some are specific ("joint tax returns for tax years 2023 and 2024"). Read it carefully and make a checklist of every item requested.
Pay attention to your A-Number and receipt number on the notice. You'll need both for your response.
Step 2: Gather Evidence Beyond What's Requested
Submit more than what's requested: you should submit more evidence than the RFE specifically asks for if it strengthens your case. If you are filing Form I-751 with a waiver of the joint filing requirement, USCIS policy states it considers any credible evidence relevant to the waiver, and the determination of what evidence is credible and how much weight to give it is within USCIS' sole discretion. If you have strong documents that support your case, include them even if the RFE didn't ask for them.
That said, always prioritize what the RFE specifically requests. Then supplement with additional evidence.
For your response, gather from these categories:
Financial evidence: Joint tax returns with IRS transcripts, joint bank account statements, shared credit card statements, joint insurance policies, and beneficiary designations on retirement accounts or life insurance.
Residential evidence: Joint lease or mortgage documents, utility bills showing both names or the same address, driver's licenses at the same address, and mail addressed to both spouses.
Family evidence: Birth certificates of children born to the marriage, school records listing both parents, and medical records.
Social evidence: Dated and labeled photos from throughout your marriage, travel records, event invitations, and holiday cards addressed to both spouses.
Affidavits: Sworn statements from 2 to 4 people who know your relationship well. Each affidavit should describe specific observations, not generic statements like "they seem happy." Include the affiant's contact information and a copy of their ID.
Step 3: Re-submit Previously Sent Evidence
This is critical. Multiple forum reports document USCIS claiming they never received evidence that applicants included in their original filing. Whether documents get lost or misplaced during processing, the result is the same: if USCIS doesn't have it, it doesn't count.
Include copies of important evidence you already submitted with your original I-751, especially anything the RFE says was missing. Label these clearly: "Previously submitted with original petition on [date]."
Step 4: Organize Your Response Package
A well-organized package makes the officer's job easier and signals that you're taking this seriously.
Write a cover letter. Start with your receipt number, A-Number, and full names. Then respond point by point to each item in the RFE, referencing which exhibit addresses each request.
Create a table of contents. List every exhibit with a short description.
Use tabs or dividers. Separate evidence into clearly labeled sections (financial, residential, affidavits, photos).
Label each exhibit. Mark documents as "Exhibit A," "Exhibit B," etc., and reference these labels in your cover letter.
Make copies of everything. Keep a complete copy of your response package for your records.
Step 5: Submit Using a Trackable Method
Send your response to the address listed on the RFE notice. Use a method with tracking and delivery confirmation, such as USPS Priority Mail, FedEx, or UPS. Keep the tracking number and delivery confirmation as proof of timely submission.
Never send original documents. Always send copies unless USCIS specifically requests originals.
Preparing Your I-751 Response?
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What Your Cover Letter Should Include
Your cover letter ties your entire response together. What to include:
Header: Your full name, your spouse's full name, receipt number, A-Number, and the date.
Opening paragraph: State that you're responding to the RFE dated [date] for Form I-751, receipt number [number].
Point-by-point responses: For each item the RFE requested, write a brief paragraph explaining what evidence you're providing and which exhibit number corresponds to it. For example: "In response to USCIS's request for evidence of shared financial resources, please see Exhibit C (joint bank statements, January 2024 through December 2025) and Exhibit D (joint tax returns for tax years 2023 and 2024)."
Closing paragraph: State the total number of exhibits enclosed and request that USCIS approve your I-751 petition.
Signature: Sign and date the letter. If you have an attorney, they sign instead.
Special Situations
RFE on a divorce waiver case. If you filed a waiver because your marriage ended in divorce, your RFE will focus on proving the marriage was entered in good faith at its start. Provide evidence from during the marriage showing it was genuine, your divorce decree, and a personal statement about the relationship.
Couples living apart. If you and your spouse live in different locations for work, military service, or other reasons, include a letter explaining why. Provide evidence of regular visits, phone records, and financial support between households. Living apart doesn't disqualify you, but you need to explain it.
USCIS says they didn't receive your original evidence. This happens more often than you'd expect. Re-submit copies of everything you originally sent, with a note stating when you originally filed and that these documents were included. If you have your mailing receipt from the original filing, include a copy.
Limited documentation. If you genuinely cannot provide a specific document the RFE requests, include a written explanation of why it's unavailable and what alternative evidence you're providing instead. If you are filing Form I-751 as a waiver of the joint filing requirement, USCIS considers any credible evidence relevant to the waiver, and the determination of what evidence is credible and how much weight to give it is within USCIS' sole discretion.
What Happens After You Submit Your RFE Response
After USCIS receives your response, your case goes back into the processing queue. What to expect:
Approval timelines vary widely. Some applicants report receiving "Card in Production" status shortly after their RFE response, while others wait months. There's no way to predict your specific timeline. USCIS processing times for Form I-751 change frequently and vary by workload and case type, so check the USCIS Case Processing Times tool for the current estimate and to see whether your case is outside normal processing time.
Possible outcomes after your response:
Approval: USCIS approves your petition and removes conditions on your green card.
Notice of Intent to Deny (NOID): If your response still isn't sufficient, you may receive a NOID, which gives you another chance to respond before a final denial.
Interview notice: USCIS may schedule an in-person interview, particularly for cases with complex facts. You may need to attend a biometrics appointment as well.
Denial: In the worst case, your petition is denied. Under current policy, this can trigger a Notice to Appear for removal proceedings.
You can check your case status online while you wait. The same USCIS status tools work for I-751 cases.
Should You Hire a Lawyer for Your RFE Response?
Not every RFE requires legal help. If the RFE asks for straightforward documents you can easily provide, like missing tax returns or updated bank statements, you can likely handle it yourself. Immiva can help you prepare your I-751 and organize your evidence without the cost of full legal representation.
But consider hiring an immigration attorney if your RFE involves complex legal issues (fraud allegations, prior immigration violations), you're filing a waiver due to divorce or abuse, there are criminal history concerns, or you've received a NOID following your RFE response.
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Official Sources
This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:
USCIS Resources
Federal Regulations
- 8 CFR § 103.2(b)(8) - RFE procedures, response deadline, consequences of non-response
- 8 CFR § 216.4 - Joint petition to remove conditions, evidence requirements
Immigration and Nationality Act
- INA § 216 - Conditional permanent resident status
- INA § 216(c)(4) - "Any credible evidence" standard
Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.