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I-130 RFE: what the regulations require, the 12-week limit and how a response works

An I-130 Request for Evidence asks for proof the regulations in 8 CFR 204.1 and 204.2 require: the petitioner's status, the claimed relationship and, for spouses, proof every earlier marriage ended. The response period is never more than twelve weeks and cannot be extended (8 CFR 103.2(b)(8)(iv)).

An RFE on a Form I-130 means USCIS has not been able to decide the petition on the papers filed. The notice lists what is missing or insufficient and gives a date. The date has a legal ceiling of twelve weeks, and the regulation says no extra time may be granted.

This page explains how an I-130 RFE works, using the regulations that govern the petition. It does not rank RFE reasons by how often they occur, and it does not predict what a particular officer will ask. What it does is lay out the evidence rules in 8 CFR 204.1 and 204.2 that an I-130 is measured against, which is what any RFE on this form is about, and the response rules in 8 CFR 103.2(b).

The I-130 fee is $675 under 8 CFR 106.2(a)(6) as at 9 October 2026 and is not among the fees changing on 16 October. Check the USCIS fee schedule (Form G-1055) before paying anything.

This page does not tell anyone whether their relationship qualifies, what to submit, or how to answer a question in a notice. A letter that asks for proof of a bona fide marriage, or a prior-marriage termination, is asking for a legal showing that an attorney or DOJ-accredited representative can assess against the file.

The response rules that apply to any RFE

The mechanics are in 8 CFR 103.2(b)(8) and (b)(11), explained in full in our page on the USCIS Request for Evidence. The parts that matter most for an I-130:

  • Deadline. The notice states it. "In no case shall the maximum response period provided in a request for evidence exceed twelve weeks." Twelve weeks is 84 days. "Additional time to respond to a request for evidence or notice of intent to deny may not be granted."
  • Three responses. Send a complete response, send a partial response and ask for a decision on the record, or withdraw (103.2(b)(11)). All materials go "together at one time, along with the original USCIS request".
  • If nothing comes back. The petition "may be summarily denied as abandoned, denied based on the record, or denied for both reasons" (103.2(b)(13)(i)).
  • Priority date. For a petition that was properly filed, the priority date "shall not be affected by a request for missing initial evidence or request for other evidence" (103.2(b)(10)(i)). That matters in the family-preference categories, where the date decides a place in line. For immediate relatives of US citizens there is no queue.
  • Eligibility is measured at filing. Evidence submitted in response must establish "filing eligibility at the time the benefit request was filed" (103.2(b)(12)).

Who can respond? The petitioner is the "affected party" for an I-130. 8 CFR 103.3(a)(1)(iii)(B) says the term "does not include the beneficiary of a visa petition." That is why notices on an I-130 go to the petitioner and any attorney or accredited representative on file.

Evidence of the petitioner's status (8 CFR 204.1(g))

Every I-130 starts with the petitioner proving they are a US citizen or lawful permanent resident. 8 CFR 204.1(g)(1) lists the primary evidence. A petition "must be accompanied by one of the following":

  • a birth certificate issued by a civil authority establishing birth in the United States;
  • an unexpired US passport issued initially for a full ten-year period to a petitioner over eighteen as a citizen (not merely a non-citizen national), or an unexpired five-year passport issued initially to a petitioner under eighteen;
  • a statement executed by a US consular officer certifying the petitioner to be a US citizen and the bearer of a currently valid US passport;
  • a Certificate of Naturalization or Certificate of Citizenship;
  • Department of State Form FS-240, Report of Birth Abroad of a Citizen of the United States; or
  • for a permanent resident, Form I-551 (the Permanent Resident Card) or other proof given by the Service. "Photocopies of Form I-551 or of a Certificate of Naturalization or Certificate of Citizenship may be submitted."

When primary evidence is unavailable, 204.1(g)(2) requires secondary evidence, which "will be evaluated for authenticity and credibility". The list it gives "may include, but is not limited to" a baptismal certificate with the church seal, affidavits sworn by persons with personal knowledge, early school records, and census records.

An RFE on this point is a request that the record satisfy 204.1(g). The regulation's list is closed for primary evidence and open for secondary evidence.

Evidence of the relationship, by category

The petitioner must also prove the relationship. 8 CFR 204.2 sets separate evidence lists by relationship.

Spouse (204.2(a)(2)). "A petition submitted on behalf of a spouse must be accompanied by a recent ADIT-style photograph of the petitioner, a recent ADIT-style photograph of the beneficiary, a certificate of marriage issued by civil authorities, and proof of the legal termination of all previous marriages of both the petitioner and the beneficiary." Non-ADIT-style photographs "may be accepted" where ADIT-style ones are "unavailable or cost prohibitive".

Child, son or daughter (204.2(d)(2)). In addition to proof of status, the petitioner "must also provide evidence of the claimed relationship". For a legitimate child, if the mother petitions, the child's birth certificate showing her name must accompany the petition. If the father petitions, the regulation names three documents: the child's birth certificate, the parents' marriage certificate, and proof of legal termination of the parents' prior marriages, if any, issued by civil authorities. Name changes need their own proof.

Parent (204.2(f)(2)). Only a US citizen "who is twenty-one years of age or older" may petition for a parent (204.2(f)(1)). The petitioner's birth certificate showing the parent's name is the primary evidence for a mother; for a father, the birth certificate, the parents' marriage certificate and proof of termination of prior marriages. Separate lists apply for legitimated and illegitimate sons and daughters.

Brother or sister (204.2(g)). Only a US citizen aged 21 or older may petition, and 204.2(g) sets its own evidence list.

When any of those documents is unavailable, the general rules in 103.2(b)(2) apply: the person has to show the document is unavailable, then offer secondary evidence, then two or more affidavits from non-parties with direct personal knowledge. Translations must be certified (103.2(b)(3)).

An RFE that asks for a missing marriage certificate, a prior-marriage termination, or a birth certificate showing a parent's name is asking for exactly the documents these paragraphs name.

The spousal rules behind many marriage-based RFEs

For a marriage-based petition, three provisions of 8 CFR 204.2(a)(1) set standards that go beyond a stack of certificates. The text is the same for everyone, so what matters is knowing which one a notice is citing.

Prior marriage of a permanent-resident petitioner (204.2(a)(1)(i)). A petition filed by an LPR spouse "may not be approved if the marriage occurred within five years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage to a United States citizen or alien lawfully admitted for permanent residence", unless the petitioner "establishes by clear and convincing evidence that the marriage through which the petitioner gained permanent residence was not entered into for the purposes of evading the immigration laws", or that marriage ended through death. The regulation says the petitioner "should submit documents which cover the period of the prior marriage" and gives examples: joint property ownership, a lease showing joint tenancy, commingled finances, children's birth certificates and third-party affidavits. A denial on this basis is "without prejudice to the filing of a new petition once the petitioner has acquired five years of lawful permanent residence".

Attempted or conspired marriage fraud (204.2(a)(1)(ii)). INA §204(c), as the regulation puts it, "prohibits the approval of a visa petition filed on behalf of an alien who has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws." The director "will deny a petition" where there is "substantial and probative evidence of such an attempt or conspiracy, regardless of whether that alien received a benefit through the attempt or conspiracy." Conviction or prosecution is not required, but the evidence "must be contained in the alien's file". A notice that raises this is not a routine documents request.

Marriage during proceedings (204.2(a)(1)(iii)). A petition by a citizen or LPR spouse "shall not be approved if the marriage creating the relationship occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings, or judicial proceedings relating thereto", unless the petitioner establishes an exemption. The bona fide marriage exemption is requested in writing with the I-130, with "documentary evidence" that the marriage "was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant". The listed examples mirror the prior-marriage list.

These are legal standards. Applying "clear and convincing evidence", or deciding whether a marriage falls within the proceedings rule, is work for a lawyer or accredited representative, and a response that gets it wrong can leave a permanent mark on the record.

What a response packet has to be

103.2(b)(11) and (b)(14) lead to a simple practical shape for the response, whatever the notice asks for.

  1. Everything in one submission, with the original RFE on top. Evidence sent in pieces is not a "complete response".
  2. Translations certified as complete and accurate, with the translator's competence statement (103.2(b)(3)).
  3. Documents matched to the notice's items. The notice must "specify the type of evidence required" (103.2(b)(8)(iv)), so each requested item has an answer.
  4. Unavailable documents handled by the ladder: proof of unavailability, then secondary evidence, then two or more affidavits from non-parties (103.2(b)(2)). A shortcut to affidavits without showing unavailability does not meet the rule.
  5. Nothing that depends on events after filing. If a marriage ended, or a status changed, after the petition was filed, 103.2(b)(12) does not let that cure a filing-date gap.

If a petitioner cannot answer part of the notice and sends the rest, 103.2(b)(11) treats it as a request for a decision on the record, and 103.2(b)(14) allows denial where the missing evidence "precludes a material line of inquiry". A petitioner is allowed to make that choice, but the regulation ties it to the consequence.

Interview. USCIS "may require any applicant, petitioner, sponsor, beneficiary, or individual filing a benefit request" to appear for an interview or biometrics (103.2(b)(9)). Failing to appear for a required interview "shall result in the denial of the related benefit request" (103.2(b)(14)) unless a rescheduling request or change of address excuses it (103.2(b)(13)(ii)).

If the petition is denied after the response. The denial notice has to explain "the specific reasons for denial" (8 CFR 103.3(a)(1)(i)). What can be done next depends on the form of review and is set out in our page on an I-130 denial.

Costs, and what refiling means

Nothing in 8 CFR 103.2(b) attaches a USCIS fee to an RFE response. The costs a response involves are in documents: certified translations, certified copies and civil-authority records.

If the petition is withdrawn or denied as abandoned and a new one is filed, a new fee is due, and 103.2(b)(15) says the earlier request's "priority or processing date" may not be applied to the later one. At $675 (8 CFR 106.2(a)(6)) the new I-130 fee is the figure to compare against the cost of responding. The regulation does not make that comparison for anyone, and it is not one to make without knowing what the notice asks for and whether the evidence exists.

Related forms. Where the beneficiary has also filed an I-485, a separate notice on that form works under the same 103.2(b) rules. The I-485 fee is $1,440 for an applicant 14 or older (106.2(a)(21)). Read our page on I-485 RFEs for that form.

What no page can say. How long a decision takes after a response depends on the service center and the date. USCIS publishes its own processing-time tool, which is the only figure worth quoting; check it on the day of looking.

Where I-130 RFEs go wrong, from the rules

From the regulations above, the points where a response can fail:

  • A petitioner-status document that is not on the 204.1(g)(1) list, with no secondary-evidence explanation.
  • A marriage certificate that is not "issued by civil authorities".
  • Missing proof that a previous marriage of the petitioner or the beneficiary legally ended. 204.2(a)(2) requires it for "all previous marriages of both".
  • A child petition missing the parents' marriage certificate where the father is the petitioner's link.
  • A name on a birth certificate that differs from the name on the petition, without proof of the change.
  • An LPR petitioner within five years of residence earned through a prior marriage, with no documents covering the prior marriage (204.2(a)(1)(i)).
  • A marriage during removal proceedings with no exemption request filed with the I-130 (204.2(a)(1)(iii)(A)).
  • Affidavits from people who are parties to the petition. 103.2(b)(2)(i) requires persons "who are not parties to the petition".
  • Documents in a foreign language without a certified translation.
  • Sending the response late, in pieces, or without the original notice.

Who may help. Whether a given set of documents satisfies "clear and convincing evidence", or proves a marriage was "entered into in good faith", is a legal judgment. Only attorneys and DOJ-accredited representatives of recognized organizations, plus the few other categories in 8 CFR 292.1, may give that advice before USCIS. Notaries and immigration consultants may not.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

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

The notice sets the date, and it can never be more than twelve weeks (84 days) from the notice. Additional time may not be granted (8 CFR 103.2(b)(8)(iv)).

Why did I get an RFE on my I-130?

The notice states what is missing or insufficient. Under 8 CFR 103.2(b)(8)(ii)-(iii) USCIS may ask for initial evidence that was not filed, or additional evidence because what was filed does not establish eligibility. The evidence lists an I-130 is measured against are in 8 CFR 204.1(g) and 204.2.

What documents does a spouse I-130 require?

8 CFR 204.2(a)(2) names recent photographs of petitioner and beneficiary, a certificate of marriage issued by civil authorities, and proof of the legal termination of all previous marriages of both. 204.1(g) adds proof of the petitioner's status.

Can the beneficiary respond to the RFE?

The petitioner is the affected party. The regulation says that term "does not include the beneficiary of a visa petition" (8 CFR 103.3(a)(1)(iii)(B)). A representative's appearance is made on Form G-28 (see 8 CFR 103.3(a)(2)(v)(A)(2)).

What if I cannot get a document the RFE asks for?

8 CFR 103.2(b)(2) sets the steps: show that the document does not exist or cannot be obtained, offer secondary evidence, and if that is unavailable too, two or more affidavits from non-parties with direct personal knowledge.

Does the I-130 fee change on 16 October 2026?

The I-130 is not among the four fee changes in USCIS's FY2027 notice. The regulation sets it at $675 (8 CFR 106.2(a)(6)). Check the USCIS fee schedule before paying.

Sources

Last checked 2026-10-09.

Related guides

  • USCIS Request for Evidence (RFE): the deadline, your options and what happens if you miss it — A Request for Evidence gives a date to respond, and under 8 CFR 103.2(b)(8)(iv) that response period can never be longer than twelve weeks. Additional time "may not be granted". The regulation lets the applicant send everything, send part and ask for a decision on the record, or withdraw.
  • I-130 denied: how the appeal, motion and refiling rules work, with deadlines and fees — An I-130 denial must state its specific reasons and the route for review (8 CFR 103.3(a)(1)). Family-petition denials fall under the Board of Immigration Appeals (8 CFR 1003.1(b)(5)), where the notice of appeal is due within 30 days of service on Form EOIR-29 with a $1,060 fee. A new I-130 costs $675.
  • I-485 RFE: the medical exam, birth certificate and I-864 rules, and the 12-week limit — An I-485 RFE has to be answered by the printed date, which can never be more than twelve weeks away and cannot be extended (8 CFR 103.2(b)(8)(iv)). The regulations behind the three requests people search for are 8 CFR 245.5 (civil surgeon medical exam), 103.2(b)(2) (birth records) and 213a.2 (affidavit of support).
  • Form I-130 filing fee 2026: what it is and who pays — The USCIS fee for Form I-130, Petition for Alien Relative, is $675 on paper as at 9 October 2026 (8 CFR 106.2(a)(6)), whichever relative the petition is for. It cannot be waived, filing fees are generally non-refundable, and the I-130 is not on the 16 October 2026 increase list.
  • Marriage green card cost in 2026: inside the US vs abroad — For the spouse of a US citizen, the I-130 is $675. Inside the US the I-485 adds $1,440. Abroad, the State Department immigrant visa fee is $325 and USCIS's immigrant fee is $235. A marriage under 24 months old at approval leads to a conditional card and a later I-751 at $750.
  • Do I need a lawyer for a marriage green card? — No rule requires one. A spouse filing inside the US pays $675 for the I-130 and $1,440 for the I-485 (age 14+). If the green card is granted on a conditional basis, the I-751 must be filed in the 90 days before its second anniversary, or permanent residence ends automatically.