I-130 request for evidence: answering a marriage RFE

Published October 27, 2026

A request for evidence (RFE) is a notice from USCIS, on Form I-797E, saying the officer needs more before deciding the petition. On a marriage-based I-130 the most common reason is that the evidence of a bona fide marriage looked thin. A request for initial evidence (RFIE) is the same kind of notice when a document the instructions require was missing. Either way the case is still open, and a complete, organized response is what moves it forward. This page is general information, not legal advice; if the notice mentions fraud, a prior petition or anything you do not understand, talk to a lawyer before you respond.

Read the notice first

• What it asks for. The notice lists what is missing, often with examples. Answer each item, in order.
• The deadline. It is printed on the notice. An August 2026 policy update lets officers set a shorter period than the standard twelve weeks, so do not rely on a number from a forum. Notices sent by mail add three days. Extensions are not available.
• How to respond. The notice says whether to mail the response or upload it to your online account, and where.

USCIS decides on what it has after the deadline, so send everything in one response. A partial response is treated as your full answer.

Building the response

1. The notice on top. Put the RFE notice, or a copy if you upload, as the first page; it carries the barcode that matches the response to your case.
2. A cover letter that repeats each item the notice asked for and lists the exhibits that answer it, with page numbers.
3. The exhibits, labelled and in the order of the cover letter.

For a marriage RFE, the exhibits usually come from the list in evidence of bona fide marriage: shared home, shared money, shared obligations first, then time together, communication and statements from people who know you. Include what is new since filing; months of joint statements that did not exist then are often the strongest answer.

Messages, photos and the thin-file problem

An RFE on the marriage often means the documents did not show a shared life, frequently because the couple lives apart or married recently. That is when communication and photos carry more of the weight, and when presentation matters. A short, organized exhibit answers the question better than a stack of screenshots:

• A one-page calendar of messages per month from first contact to now.
• Ten to forty pages of dated messages, spread evenly across every month, both names on every line.
• Photos in date order with captions: who, where, when, with family on both sides.
• English translations of messages in another language, with the translator's statement.
• A short statement from each spouse explaining, in dates, why the joint paperwork is thin.

Uploading

If you respond online, each file has a size limit shown on the upload screen. Combine each exhibit into one PDF, name files plainly, and check every file opens before you submit.

Proof of Relationship builds the calendar, the message sample, the translations and the photo pages from your chat export and photos, as one PDF under 4 MB. It organizes what you supply; it does not decide what the officer needs.

Common questions

How long do I have to respond to an I-130 RFE?

The deadline is printed on the notice. The standard period has been up to twelve weeks, but an August 2026 update lets officers set a shorter one, and extensions are not available. Mailed notices add three days.

Can I send part of the response now and the rest later?

No. USCIS treats the first response as complete and decides on the record. Send one response with everything.

What is the difference between a request for initial evidence and a request for evidence?

A request for initial evidence means something the form instructions require was missing. A request for evidence asks for more to decide the case, such as stronger evidence that the marriage is bona fide.

Should I hire a lawyer for an RFE?

For a straightforward request for more marriage evidence many couples respond themselves. If the notice mentions fraud, a prior petition, an immigration violation or anything unclear, talk to a lawyer before responding.

More guides: K-1 visa evidence: proof of relationship · I-751 evidence · Affidavit of bona fide marriage: sample and template · Evidence of bona fide marriage: the full list