Got an RFE on your I-751? Don't Fret

 

andrew alpaugh

If you are a conditional permanent resident who filed a joint I-751 petition with your spouse to remove the conditions on your residence, you may receive a Request for Evidence (RFE) from USCIS asking for more information or documentation to support your petition. An RFE does not mean that your petition is denied or that USCIS is suspicious of your marriage. It simply means that USCIS needs more evidence to make a decision on your case.

Receiving an RFE can be stressful and confusing, but it is important to respond to it as soon as possible and within the deadline specified in the notice. Here are some steps you can take to prepare a successful response to an RFE for your I-751:

1. Read the RFE carefully and understand what USCIS is asking for. The RFE will list the specific documents or information that USCIS needs to adjudicate your petition. Make sure you understand what each item is and why it is relevant to your case. If you have any questions or doubts, consult with an immigration attorney before submitting your response.

2. Gather the requested evidence and organize it in a clear and logical manner. Depending on what USCIS is asking for, you may need to provide additional proof of your bona fide marriage, such as joint bank statements, tax returns, utility bills, photos, affidavits from friends and family, etc. You may also need to provide updated information about your current marital status, address, employment, etc. Make sure you provide copies of original documents and translate any documents that are not in English. Label each document and arrange them in the order they are listed in the RFE.

3. Write a cover letter that summarizes your response and references each document you are submitting. A cover letter is a good way to explain how each piece of evidence supports your petition and addresses the issues raised by USCIS. It also helps USCIS locate and review your documents more easily. Include your name, alien number, receipt number, and date of filing on the cover letter and sign it.

4. Make a copy of your entire response package and mail it to the address indicated on the RFE. Use a reliable mail service that provides tracking and delivery confirmation. Keep the copy of your response and the mailing receipt for your records.

5. Wait for USCIS to process your response and notify you of their decision. Once USCIS receives your response, they will review it and either approve your petition, issue another RFE, or schedule an interview with you and your spouse. The processing time may vary depending on the complexity of your case and the workload of USCIS. You can check the status of your case online or by calling the USCIS Contact Center.

Responding to an RFE for your I-751 can be challenging, but it is not impossible. By following these steps and providing sufficient and relevant evidence, you can increase your chances of having your petition approved and becoming a permanent resident without conditions.

Hope this helps, we are going through the very same process right now!  Good Luck!



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