sample cover letter for rfe i 751

2023 Ultimate RFE Guide: RFE Sample and Response Cover Letter Template

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The Ultimate RFE Guide: Navigating the Request for Evidence in [2023]

A Request for Evidence (RFE) General Introduction.

RFE is a Request for Evidence given by USCIS.

You will be required to supply missing documentation to confirm that you are eligible for the immigration benefits you are pursuing.

Get more information on how to respond to an RFE. Includes a cover letter template.

A Request For Evidence, or “RFE” for short, is a documented requirement to supply missing or complementary information or files to USCIS.

In the event you get an RFE, it just implies: 

• That your failure to supply the required documentation at the time of submission of your application, or
• That USCIS requires more evidence to make a decision on your case.  

Getting an RFE is not a cause for panic, nor does it imply that your application has been denied.

Request for Evidence (RFE) General Introduction

The RFE is a request from the USCIS for additional information or documentation related to an individual’s I-485 application for permanent residence. It is important to note that an RFE does not mean that the application has been denied. It simply means that the USCIS needs more information in order to make a decision.

Why does receiving RFE mean a bad sign for your application

Receiving an RFE for an I-485 application for permanent residence can be stressful and may be seen as a bad sign by some individuals. While an RFE does not necessarily mean that the application will be denied, it does indicate that the USCIS needs more information or documentation in order to make a decision. This can cause delays in the processing of the application and may lead to uncertainty and anxiety for the applicant. Additionally, it is important to note that if an applicant fails to respond to the RFE, the application will be denied. 

Getting an RFE may be considered a good indication. 

On the other hand, receiving an RFE does indicate that the USCIS is actively reviewing the application and considering it for approval. An RFE is a request for additional information or documentation that the USCIS needs in order to make a decision rather than a denial of the application. Therefore, if an applicant is able to provide the requested information or documentation in a timely manner, it may increase the chances of the application being approved. 

Thus, the fact that you got an RFE implies that you are qualified for the immigration benefits you requested, yet your documentation is missing something ( normally minor), and USCIS just requires documentation verification of certain areas of your application before granting it. 

It is important for an applicant to closely review the RFE and provide the requested information or documentation as quickly as possible to avoid any further delays or potential denial of the application.

As soon as an RFE is filed, USCIS stops to process your application till the deadline for your answer or response has gone by.

What is in the RFE Letter, and Why am I Get It?

The RFE letter is likely to be messy and ambiguous.

It is normally filled with legalese and cites certain immigration legal provisions.

Nevertheless, read the RFE letter slowly and pose questions at this point; you do not comprehend it. 

Please ensure that you understand the following:

• What is the problem with your application?
• Why does USCIS require more details?
• How do you get the document to fulfill USCIS requirements? and
• How long do you have to handle it?

Keep in mind that you will just have one opportunity to reply to the RFE letter. 

Not responding or presenting the required information or documentation might lead to the denial of your application. 

An I-485 RFE Sample of 2023

An RFE typically includes three main parts: the reason for the RFE, the specific information or documentation that is needed, and the deadline for submitting the requested information. The first part, “Why we are writing you,” explains the reason for the RFE and the specific issues or discrepancies that the USCIS has identified in the application. The second part, “What you need to do,” lists the specific information or documentation that is needed to address the issues or discrepancies identified in the first part. The third part, “When you need to do it,” specifies the deadline for submitting the requested information or documentation.

I-485-RFE-sample-2023-1

I-485-RFE-sample-2023-2

I-485-RFE-sample-2023-3

Why We Are Writing You

In this sample, the first part, “Why We Are Writing you,” USCIS mentioned:

On March 24, 2022, you submitted your Form I-485. We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.

This is mainly explained why USCIS issued you the RFE and what this RFE is about. We can tell from this example the RFE is for I-485 and not for I-130.

What You Need to Do

In this sample, the second part, “What You Need to Do,” USCIS mentioned:

You must provide the following information in order for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response.

You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor. We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must:

• Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
• Provide the petitioning sponsor’s Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size for the petitioning sponsor on Form 1-864.
• Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the I-864 instructions for complete information.

The petitioning sponsor, on Form 1-864, Affidavit of Support, must submit a complete Federal income tax return submitted to the Internal Revenue Service (IRS) for the most recent tax year. If they submit a transcript, it must be a “Tax Return Transcript” from the IRS.

If they were not required to file a Federal income tax return under U.S. tax law, attach a written explanation of why they were not required to file. See “Filing Requirements” in the IRS Form 1040 Filing Instructions to determine whether they were required to file.

The petitioning sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Submit evidence of the petitioning sponsor current income. Such evidence should include:

• Pay stubs or other documentation of pay for the previous 6 months.
• Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)
• Letter of employment containing the following:
• Dates of employment
• Nature of the job
• Yearly salary earned
• Number of hours per week worked
• Prospects for future employment and advancement

Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioning sponsor,must submit all supporting tax documents for the most recent tax year.

You have submitted Form I-864, Affidavit of Support, from the joint sponsor,We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must:

• Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date.
• Provide the joint sponsor’s Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size for the joint sponsor on Form I-864.
• Submit a complete copy of the joint sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year.
• Submit evidence of the joint sponsor’s status as a United States citizen, United States National, or Lawful Permanent Resident

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.

For this part of RFE, USCIS will explain to you what document they recommend you submit. During the RFE in this example, we need to provide the sponsor and joint sponsor the document to prove their current income on Form I-864 is sufficient and evidence to support such a claim.

When You Need To Do It

You must submit the requested information by December 10, 2022. You must either mail the requested information to the address shown below or scan and upload your response using your USCIS online account (if applicable).

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit. We will not consider any evidence that is submitted after the due date.

If you do not respond to this request by the date shown above, we will deny your case.

If you submit a document in any language other than English, you must provide: (1) a copy of the original document in its foreign language; and (2) a full English translation of the document. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English.

We strongly recommend you keep a copy of all documents that you submit to USCIS in response to this request.

For this part of RFE, USCIS provides the following important tips regarding the RFE response:

• Submit the requested information by the date specified in the RFE, which in this case is December 10, 2022.
• Submit all the requested evidence at one time and make sure to use the correct method of submission, which can be either by mail or by scanning and uploading the response using your USCIS online account (if applicable).
• Do not submit only part of the evidence, as the USCIS will decide based on the evidence you submit and will not consider any evidence submitted after the due date.
• Respond to the RFE by the date specified. Otherwise, the case will be denied.
• If submitting any document in a foreign language, provide both a copy of the original document and a full English translation, with the translator certifying that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English.
• Keep a copy of all the documents submitted to USCIS in response to the RFE for your record.

All RFEs include the same general information:

USCIS Scanning Code

At the upper part of the letter, you are going to discover a scan code. 

This code is utilized by USCIS to track your RFE letter and documents. 

When you return the required RFE files, USCIS also scans the letter, so USCIS requires that you present the RFE letter along with the documents you filed.

Information Regarding Your Application

In general, the initial or second paragraph outlines your application, the forms you are presenting, the persons involved, and the benefits claimed. 

Use this information to check whether USCIS is thinking about the appropriate benefits or forms.

Provisions of the Immigration Law

On most occasions, your RFE will summarize U.S. immigration law in the way it relates to your application and the documents being required. 

Comprehending the law, particularly immigration law, is likely to be difficult. 

In the event you have any problems, you should likely devote time to studying your legal problems or get in touch with an immigration attorney.

Evidence You Presented

Your RFE may lay out the documents that you initially presented with your application. 

You have to carefully check this part to see whether the documents you did present were omitted by USCIS. 

Check this part to determine if you are required to present further documents that may support the petition under consideration.

Request for evidence

The RFE will then list the documents requested by USCIS. 

This letter is likely to cover the purpose of asking for these documents. 

It is likely to provide an explanation of where you are able to get the required documents. 

It is also likely to inform you of what documents should be presented in the event that the required documents are not available or cannot be acquired. 

Application Deadline and Location of RFE Mailing

Your RFE usually provides you with a date by which you have to respond. 

This deadline is generally between 30 and 90 days; however, it has been possible to meet it for as long as 120 days. 

Missing the deadline for an RFE response can have serious consequences for an I-485 application for permanent residence. 

The USCIS will not consider any information or documentation submitted after the deadline, and failure to respond to an RFE can result in the denial of the application. 

It is crucial for an applicant to closely monitor the deadline and ensure that all requested information and documentation is submitted on time.

In case I get an RFE letter, what do I need to do?

In the event you get an RFE letter, the one and only thing you ought to do is. Don’t panic!

Keep in mind that because USCIS has the right to reject your application, not even to send an RFE letter, the fact that you got the letter is useful and positive. 

USCIS is offering you a chance to make up for the shortcomings in your application. 

Three Methods of handling the RFE

You will be able to reply to RFE letters in three manners:

1. You can respond to all questions in the RFE Letter

As you are adhering to your RFE, present all required documents in one envelope. 

Don’t overlook attaching a copy of the initial RFE letter you received. 

You have to also write a cover letter justifying the documents you presented and why. 

This gives USCIS all the information they require to make a beneficial determination.

2. You are able to respond RFE partially

Part of the response implies:

• You presented certain claimed documents but did not present other documents, or 
• The documents you present are not the same as those required. 

This is likely to be problematic since USCIS will not be able to get all the documents to decide in your favor. 

We recommend that you only give a partial reply in the event that you are unable to get the required documents.

In the event that this is the case, a cover letter from USCIS that contains the following:

• Indicates that the requested document is not available;
• Show USCIS what you have done to try to get unobtainable documents;
• Request more time for USCIS to get the requested documents (if appropriate); and
• Let USCIS know what documents you have presented in lieu of unavailable documents and why.

In the event that you present documents in addition to those that were specifically required in the RFE, the examining officer may, at his or her discretion, consider those documents, although he or she is not bound to do so.

USCIS will treat a part of the reply as a requirement to consider your application in light of the evidence submitted. 

3. You are able to Decline to Respond

A denied reply implies that you have not responded to your RFE. 

USCIS will treat this as a request to retract your application. 

If you select Respond, the Steps to Undertake.

In the event you select to respond or partially respond, please make the following:

• Have a copy of the RFE letter made for your record.
• Why is USCIS requesting more details?
• How do you adhere to USCIS requirements? And
• How long do you need to keep to it?
• Start collecting the required documents right away. (Don’t leave it until your deadline is approaching.) Ensure that all your documents are in English or translated into English.
• Your explanation of why you received the RFE letter;
• Your comprehension of the requested documents;
• What documents do you have access to;
• If any files are lacking, why are you not able to get all the required files? What files, if available, will you send in their place, and why.
• Keep a copy of your cover letter and all documents for your record;
• The USCIS RFE letter should be above;
• Your cover letter should be next; 
• All documents you present to USCIS should comply with. 
• Send the envelope to the USCIS address supplied in your RFE letter.

What Occurs after I Reply to an RFE Letter?

As soon as USCIS sends an RFE letter, treatment of your petition will halt.

USCIS will keep processing your application when USCIS gets an answer from you or when the deadline in the letter has lapsed. 

Can I Get Multiple RFE Letters?

Although U.S. immigration policy suggests that just one RFE letter be given, in some cases, two or even three letters are given for a single application. 

However, these situations are exceptional ones.

What Happens When I Do Not Respond to an RFE Letter?

In the event that you do not reply to the RFE letter at all, USCIS will view this as a revocation of your application. 

Your application will be refused for one of the following three reasons:

• Deny the application as waiving;
• Deny the application in light of the evidence in the record; or
• Deny the application for both causes.

How Much Time will it Take for USCIS to Handle my RFE?

USCIS does not have a fixed amount of time to finish processing your application and respond to you. 

In this case, USCIS is unwilling to supply a fixed timeline. 

The reasons for this are obvious. 

For example, it is easier for USCIS to examine an RFE letter that requires only a photocopy of a passport page than an RFE letter that requires many documents to demonstrate a genuine family relationship. 

As with all USCIS forms, applications, and petitions, many elements affect the processing time. 

These factors may involve the following:

• The present immigration policy of making first decisions on certain types of applications;
• Whether you presented all required documents with your initial application; or 
• If your application is refused, whether it is being examined by a USCIS supervisor.

However, normally, you should anticipate getting a final determination in 60 days. 

You are able to keep track of the status of your application by using the Case Status Tracking Tool on the USCIS website. 

USCIS’ online case status will indicate whether USCIS has accepted your RFE.

In the event that you do not get a final determination in the 90 days following the response to your RFE letter, you may wish to get in touch with the USCIS Contact Center online or call 1-800-375-5273.

RFE Cover Letter Template

You are able to locate an RFE cover letter template listed below. 

Nevertheless, remember that no two cover letters will be identical. 

Every letter will have its own set of requirements and a set list of documents to supply. 

Let me show you an RFE Cover Letter based on our example RFE above:

Dear USCIS Officer,

I am writing in response to your Request for Evidence dated [insert RFE date] regarding my Form I-485 application for permanent residence. I understand that you need additional information from me in order to make a decision on my case. I have carefully read your RFE letter and have included a copy of all pages of this letter with my response.

You have requested that I provide the following information in order for you to make a final decision on my case:

• A completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
• The petitioning sponsor’s Social Security Number on Form I-864.
• A complete and correctly calculated household size for the petitioning sponsor on Form I-864.
• A complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.
• Evidence of the petitioning sponsor’s current income, such as pay stubs or other documentation of pay for the previous 6 months, evidence of other income, letter of employment, and all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

I am pleased to inform you that I have obtained and am enclosing the following with this response:

• A completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages are present and of the latest edition date.
• Pay stubs or other documentation of pay for the previous 6 months as evidence of the petitioning sponsor’s current income.
• Evidence of other income such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099) as evidence of the petitioning sponsor’s current income.
• All supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

I have also obtained and am enclosing the following with this response in regards to the Joint sponsor:

• A completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date.
• The joint sponsor’s Social Security Number on Form I-864.
• A complete and correctly calculated household size for the joint sponsor on Form I-864.
• A complete copy of the joint sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.
• Evidence of the joint sponsor’s status as a United States citizen, such as a copy of their birth certificate, passport, or naturalization certificate.

I assure you that all the information and documents provided in this response are true and accurate to the best of my knowledge. I understand the importance of this matter and have taken all necessary steps to provide the requested information in a timely manner.

Thank you for your time and consideration. I look forward to your positive response on my case.

Sincerely, 

[Your Name] 

[Your Address] 

[Your Phone Number] 

[Your Email Address]

How can I Prevent Getting an RFE in the Initial Stage?

There are a couple of causes why USCIS may send an RFE letter.

In accordance with USCIS, there are the tips regarding USCIS filing in order to prevent the RFE from the first place:

• Gather all necessary documentation before submitting the application. This includes forms, proof of eligibility, financial documents, and supporting evidence.
• Review the application and supporting documents thoroughly before submitting them to ensure that all required information is included and that the information is accurate and up-to-date.
• Make sure that all forms are filled out completely and accurately and that all required signatures are provided.
• Include all relevant supporting documents, such as birth certificates, marriage certificates, and proof of employment or income.
• Follow all instructions provided by the United States Citizenship and Immigration Services (USCIS) on the application form and on the USCIS website.
• Make sure to submit the application with the correct fee and to pay the fee on time.
• Be sure to keep copies of all documents and correspondence related to your application for your records.
• It’s important to be aware of the filing instructions and specific requirements for the form you are submitting.
• If you are unsure about any part of the application process, consider consulting an immigration lawyer or a qualified immigration professional for help.

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Home » Greencard » Family Based Green card » Remove Conditions on Permanent Residence

Sample Cover Letter – I-751 Joint Petition to Remove Conditions on Permanent Residence

USCIS P.O. BOX 21200 Phoenix, AZ 85036

July 27, 2019

Re: I-751 joint petition to remove conditions of status on:

Manisha Devi Agrawal: A 123-456-7890 Jay Agrawal: A 123-456-7891

Dear Sir or Madam:

Enclosed you will find a JOINT Form I-751, Petition for Removal of Conditions of Permanent Resident Status, for my wife, Manisha Devi Agrawal, and her son, Jay Agrawal. My wife and her son entered the U.S. on an immediate relatives immigrant visa.

I am enclosing the following:

• Application fee – $595
• Copy of USCIS Form I-551 (Permanent Resident Card)
• 2 photographs

[REPLACE FOLLOWING DOCUMENTS WITH YOUR UNIQUE ONES]

• Copy of our joint U.S. tax return for the year 2018
• Copy of a recent statement from our stock broker at Merrill Lynch
• Copy of the tax statement for 2018 that we received for our joint checking account at Bank of America
• Copy of the title of our car, showing joint ownership
• Copy of our credit cards (MasterCard) showing a joint account
• Copy of our health insurance cards showing a joint policy
• Copy of our Costco Club cards on a joint account
• Copy of our airline reservations for a vacation that we have planned in January 2020

We are all happily living together and request that this petition be accepted for removal of conditions on the residence of my wife, Manisha Devi Agrawal, and her son, Jay Agrawal.

Copies of documents submitted are exact photocopies of unaltered documents, and I agree to submit original documents to an Immigration or Consular officer at a later date, if required. You are always welcome to visit our home should you ever desire to do so.

Yours truly,

<petitioner’s signature>

Rahul Ram Gupta

New Immigrants Insurance

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All About USCIS Requests for Evidence (RFEs): What They Are, How To Avoid Them, and What To Do if You Receive One

When U.S. Citizenship and Immigration Services (USCIS) determines that it needs extra information to make a decision on your immigration case, it will send you a request for evidence, also called an RFE. USCIS will send it to the mailing address you listed on your application. In this article, we will explain what a USCIS request for evidence is, how to avoid RFEs, and how to respond to a USCIS RFE if you receive one.

Written by Jonathan Petts .  Updated February 23, 2023

What Is a Request for Evidence (RFE)?‍

U.S. Citizenship and Immigration Services (USCIS) will send you an RFE on your application if it determines that it needs more information to finish processing your application. For example, if you are applying for a green card, you must provide enough evidence to prove that you are eligible. If you don't provide enough evidence to prove that you are eligible, USCIS will probably send you an RFE. 

USCIS sends out Form I-797E , also called a notice of action, when it issues an RFE. You will receive Form I-797E at the mailing address that you provided on your application. If your mailing address has changed since you submitted your application, you must update your new address with USCIS so that you do not miss any critical updates.

An RFE contains four major parts: the law, a list of the evidence you submitted, a list of the evidence you are missing, and a response deadline. Read on to learn more about each of these parts of a USCIS request for evidence.

The RFE usually begins by quoting U.S. immigration law. This quotation will refer to a section of the Immigration and Nationality Act (INA) that has to do with the requirements for the type of immigration application you submitted. 

Generally speaking, unless you plan to challenge the request with the help of a lawyer, this section of the RFE isn’t crucial. What is important is that you supply any requested evidence as soon as possible. 

Evidence Submitted

This section outlines the evidence you have already submitted in support of your application. Double-check the list of evidence USCIS has received from you to confirm that it included everything you sent with your original application. If USCIS did not include something you submitted on this list, you should resubmit it as part of your RFE response packet.

Evidence Lacking

After USCIS lists what it has already received from you, it will list the missing evidence that it still needs. This lack of evidence is preventing the agency from making a decision on your case according to the requirements of the immigration law quoted earlier in the notice. 

This section of the RFE is often quite long because USCIS will usually include information like eligibility requirements that have not been satisfied and alternate documents that you can submit if you don't have the requested originals. You should review this section very closely and take note of all the information you will need to include in your RFE response to support your case.

Response Deadline

Finally, at the end of the RFE, USCIS will provide you with a deadline for submitting your RFE response, as well as the mailing address to send it to. The response deadline will let you know how much time you have to put your RFE response together and mail it. Keep in mind that your response must arrive at the USCIS office by the deadline; it is not acceptable to simply have your response postmarked by the deadline.

In the deadline section, USCIS will tell you the consequences of not submitting your RFE response by the deadline. The most common consequence is that USCIS will review your application without the missing information and will likely deny your application.

Does Receiving an RFE Mean My Application Was Rejected?

No. Receiving an RFE does not mean that USCIS has rejected your application, nor does it necessarily mean that it willreject your application. It just means that USCIS needs more information from you to make a decision on your application. 

When you receive an RFE, you need to submit your response by the time noted on the RFE notice. If you don't, USCIS will either conclude that you have abandoned your application and send you a denial or go ahead and decide your case without the additional information requested. For this reason, it is imperative to make sure USCIS has your updated address if you move so that you can receive the notice and submit your response in the specified time frame. 

Is a NOID a Type of RFE?

You can think of a Notice of Intent to Deny (NOID) as a more severe form of an RFE. USCIS will send you a NOID and not an RFE when it finds that you are not eligible for the immigrant visa you applied for. The NOID lists all the reasons why USCIS plans to deny your application and gives you a chance to defend your application against denial. 

You generally have a shorter timeframe to submit a NOID response than you have for an RFE response. Receiving a NOID does not mean that USCIS has denied your application — just that it plans to unless you can convince the agency otherwise. A NOID often means that your case is complicated, so it is best not to handle one alone. 

How Can I Avoid an RFE?

RFEs can take a lot of time and energy to respond to, and they will usually delay your application. It’s best to avoid them altogether by submitting an organized and complete application the first time around. If you follow USCIS’ application instructions closely and include all the requested documents, you should be able to avoid an RFE. Here are a few tips to help you avoid receiving an RFE.

Provide All Required Initial Evidence

For every immigration form that you file with USCIS, there are form instructions available that tell you exactly how to prepare it. These instructions also list the required evidence that you must include with your application when you submit it to USCIS. If you don’t include all of the required documents, you will probably receive an RFE. 

USCIS asks for all kinds of evidence documents. For example, if you're applying for a marriage-based green card and don’t include proof that you are married, you will almost certainly get an RFE from USCIS. You may also receive an RFE if the documents you included are difficult to read.

Include Document Translations

If the documents you submit as evidence are in a language other than English and you don't provide a certified English translation to USCIS, you may receive an RFE. Every document you submit to USCIS must be translated into English by someone other than you or your sponsor so that the reviewing officer can process your application. Your foreign language documents must be translated officially, preferably by a legal office that does translations so that the documents do not lose any legal meaning.

Give Comprehensive Evidence of Your Visa Sponsor’s Income

This tip is applicable to family-based immigrant visa applicants who have a petitioner sponsoring on their behalf. For this type of application, USCIS requires applicants to prove that their sponsor has a household income of at least 125% of the federal poverty level . If your sponsor’s income is not high enough, or if you don't provide enough information to show that they earn enough, USCIS may send you an RFE asking you to make a stronger case about your sponsor's financial standing. In some cases, the agency may require you to find an additional sponsor. 

Provide Proof of Legal Entry

If you apply for adjustment of status (if you're submitting your immigration application from inside the U.S.), you must submit proof that you entered the country legally. You can show this with a page from your passport containing the Customs and Border Patrol (CBP) stamp or with your I-94 travel record . If you don't provide sufficient evidence of legal entry, you could receive an RFE asking you to clarify the details of your arrival in the U.S.

The best way to avoid an RFE is to submit a complete application the first time. Check out our complete filing guides for step-by-step guidance in completing your application to ensure you are not missing anything or leaving any evidence out.

A Step-by-Step Guide to Responding to an RFE

If you receive an RFE from USCIS, pay close attention to the response deadline listed. Your response packet needs toarrive at USCIS on or before this date. It is not good enough to simply have your packet postmarked by the deadline. Plan ahead and act quickly. It almost always takes longer to get the required evidence than you would think!  

Step 1: Make a Copy of the RFE Notice

When you get an RFE, the first thing you should do is make a copy of it for your records. You will need to submit the original RFE notice (the blue paper you received from USCIS) with your response in order for USCIS to correctly process the response with your case. 

Step 2: Gather the Requested Evidence

The most important step in your RFE response is gathering the requested evidence. USCIS will usually tell you exactly what evidence you need to supply. This can be anything from missing passport pages or an incomplete bank statement to a birth certificate that is not in English. In such a case, you should include complete versions of the missing documents. 

In some RFEs, USCIS may state that some of the documents you provided from your home country as evidence are not sufficient. USCIS may say this based on its understanding of the document type your home country produces for things such as marriage. If you receive such an RFE, you should visit the State Department's U.S. Visa: Reciprocity and Civil Documents by Country web page. There, you will find a list of documents from your home country and what documents they are equivalent to in the U.S. 

A general rule of thumb is the more evidence you provide, the better. At a minimum, though, you should give USCIS what it is asking for on the RFE. If you can't tell exactly what USCIS needs, take a look at the filing instructions for the immigration form that you filed on USCIS’ website for more guidance. USCIS will not send the documents you provided in your RFE response back to you. Because of this, you should include copies instead of the original documents unless USCIS specifically tells you otherwise.

When to Consult a Lawyer for an RFE

In other RFEs, USCIS will question your eligibility for the immigration benefit you are applying for, based on some aspect of U.S. immigration law. In this case, you will have to prove in your RFE response that you are eligible for the application you are submitting. 

If you receive this type of RFE, you may want to talk this over with an experienced immigration attorney who can help you determine how to reply and which documents to submit as evidence.

Step 3: Prepare Your RFE Response Packet

Assemble your response to the RFE in the same order that USCIS listed the evidence. The original copy of the RFE should be the first page of your response. Next, it is a good idea to include a cover letter that lists all the information that the USCIS officer reviewing your response will find in your RFE response packet. You should list the enclosed evidence in the order in which you include it so that it is easy for the USCIS reviewing officer to locate the documents when handling your case.

Step 4: Mail Your RFE Response Packet to USCIS

The final step is to mail the RFE response packet to the mailing address listed on the RFE notice. You must send your response to this address and not to any other USCIS address you may have previously mailed documents to. 

Mail your RFE response packet as early as possible so that it does not arrive at the USCIS after the RFE deadline. If your RFE response arrives later than its due date, USCIS will not consider it when reviewing your application. This may cause the agency to deny your application.

Choose a shipping service with tracking for the same reason. If there is any question about whether you submitted the requested evidence on time, you want to be able to have proof. Without proof that you complied with the deadline, USCIS may deny your application.

‍Types of RFE Responses

You can respond to an RFE in one of three ways: a full response, a partial response, or no response.

Full Response

In a full response, you include all of the evidence USCIS requested of you (or more if you think that evidence would be useful for USCIS) before the due date. You should make it your goal to go above and beyond the evidence USCIS requests so that you don't risk any further problems with your application.

Partial Response

If it is not possible to get all of the evidence you need, you should submit a partial response to USCIS. In a partial response, you will include as much of the evidence that USCIS requested as possible. You will then need to explain to USCIS why it is not possible for you to get the missing evidence. If possible, you should include evidence that proves the requested evidence is unavailable with your explanation.

A partial response indicates to USCIS that you would like the agency to make a decision on your case with the evidence that is available at the time. If you are worried that the missing evidence will cause USCIS to deny your application, you can withdraw your application without a penalty, but you will not receive your filing fees back, if any. 

No Response

You may choose not to respond to an RFE from USCIS. If you choose not to respond or if you are unable to before the due date, USCIS will do one of two things: 

Determine that you have abandoned your case and issue a denial

Process your case without the requested evidence, often leading to a denial

Neither is an ideal option, so, if you don’t plan to respond to an RFE, it is often better to just withdraw your application by contacting USCIS . 

How Many Times Can I Respond to an RFE?

You only have one chance to respond to your USCIS RFE, so make sure that you include all the evidence you want USCIS to consider when you submit your RFE response. You cannot reply to the RFE by sending evidence to USCIS in different mailings — you must submit all of your evidence in one packet.

RFEs can be tricky. If you have any questions while replying to one, it would be a good idea to speak with an experienced immigration lawyer.

Continue reading and learning!

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I-751 Petition to Remove Conditions on Residency

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• Removing Conditions on Residency General Discussion

Sample Cover for I-751 Package

By BostonChick January 8, 2007 in Removing Conditions on Residency General Discussion

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10 posts in this topic

Recommended posts, bostonchick   0.

Hello everyone,

I thought I'd contribute to the board by posting a sample cover letter. I have always used a cover letter when submitting a bunch of documents and have found that the recipient usually appreciates the effort. Obviously, you may think it doesn't add value to the application, but for those that do - here you go.

[sender's address here]

USCIS Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001

January 5, 2007

Re: Petition to Remove Conditions on Residence

Dear Sir (Madam),

Attached please find my petition to remove conditions on residence consisting of the following documentation:

• Form I-751

• Money order ($205)

• Two (2) passport photos

• Copy of green card

• Copy of passport

Additionally, please find enclosed the following documents as evidence of the relationship with my husband, [insert name]

• Joint checking account evidence

Bank letter

Bank statements (Month 1, Month 2)

• Joint savings account evidence

• Joint tax filing status evidence

Official tax transcripts for Year 1 and Year 2

• Joint benefits evidence

401(k) plan beneficiary forms

Health insurance forms

• Joint residence evidence

Lease agreement

• Address change information

• Family photos

Please do not hesitate to contact me, should you need any further evidence. I hope you will consider my petition favorably.

I look forward to hearing from you.

Adjustment of Status (AOS)

Office: MSC

District: Boston, MA

June 2004: Got married!

Aug 2004: Dropped off AOS/EAD/AP package

Nov 2004: Received AP and EAD

March 30, 2005: AOS INTERVIEW

Conditional Permanent Resident since 3/30/05

Removal of Conditions

Vermont Service Center

Dec 30, 2006: Window for filing I-751 opens

Jan 12, 2006: Sent I-751 package Priority Certified Mail to Vermont Service Center

Jan 16, 2007: I-751 package arrives in Vermont

Jan 19, 2007: $275 check cashed

Feb 20, 2007: Biometrics appointment '

Jul 11, 2007: Permanent residence approved!

THE COUNTDOWN FOR US CITIZENSHIP HAS BEGUN!

Service Center: VERMONT (VSC)

Local Office: Boston

Jan 3, 2008: Window for filing N-400 opens

Jan - May: Document collection

May 6, 2008: Mailed N-400 Application package, regular mail with delivery confirmation

May 8, 2008: Your item was delivered at 1:55 PM on May 8, 2008 in SAINT ALBANS, VT 05479

May 16, 2008: $300 Check cashed

May 21, 2008: NOA1 date (received on May 28 in the mail)

May 23, 2008: NOA2 date (fingerprinting)

June 6, 2008: Biometrics appt in Boston

July 3, 2008: Interview letter received

Aug 27, 2008: INTERVIEW APPT!!!!!!!!

I cannot wait!!!

www.newcitizen.us/dual.html

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Share on other sites, basanti   0.

I pretty much copied the sample that was in the filing guide, but here's mine if anyone wants to see...i think this is a good idea to post them in case someone would like to see a sample:

January 8, 2007

USCIS Texas Service Center

P.O. Box 850965

Mesquite, TX 75185-0965

RE: I-751 JOINT PETITION TO REMOVE CONDITIONS OF STATUS ON:

(husband's name and A#)

Dear USCIS Examiner:

Enclosed please find a Joint I-751 petition for removal of conditions of permanent resident status regarding my husband, (husband's name). Please also find a check for $275.00, the fee for this form. We have been happily living together and request that this petition be accepted for removal of conditions on the residence of my husband.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

· Copy of passport and visa

· Copy of green card (front and back)

· Copy of I-797C, Notice of Action

· Copy of Marriage License

· Summary of Insurance Benefits and Insurance cards showing joint policy

· Original letters written by friends attesting to our relationship and marriage

· Copies of envelopes/card addressed to both of us

· Copies of bank statements showing joint account ownership

· Copy of visa credit cards showing a joint account

· Copies of Federal and State Tax Returns filed jointly for 2005

Please feel free to contact any of the sources of enclosed documentation for validity. Please advise me if you have any further questions or concerns related to this petition.

Ok..here's my timeline of sorts:

October 15, 2004: went to India

October 17, 2004: got engaged

October 23, 2004: got married!!!!

Dec. 22, 2004: went to U.S. Embassy, New Delhi-told to come back 9am the next morning

Dec. 23, 2004: filed I-130 at Delhi embassy

Jan 12, 2005: I came back to the U.S. :-(

Jan. 13, 2005: my husband went to Mumbai embassy personally to get packet 3

Jan. 15, 2005: sent out forms from packet 3

around the 2nd week of Feb: received interview date!!!! MARCH 18!!!!!

Feb. 16, 2005: sent out I-864 and other ppwk to my husband via DHL

Feb 20, 2005:[/ color] husband received DHL pkg

end of Feb/beginning of March: went for medical

March 18, 2005 @ 7:30am: INTERVIEW!!!!!!!!!! Got Visa!!!!!!!!!!!!!!!!

March 27, 2005: my husband comes to the U.S.!!!!!!

April 9, 2005: Husband received his greencard!

April 20, 2005: Went to Social Security office to change my name and also applied for my husband's SS card since it hadn't arrived yet

April 29, 2005: Recieved both Social Security Cards!

Velvettt   0

New rules, folks. You don't send pictures.

Velvettt, can you clarify the new rule, please? I wasn't aware. To the previous poster - thanks for sharing your letter. There are a couple of some really good points in it.

Boston Chick

ilovecookies   0

thanks guys for posting this

Lord blessed be Your name!

NOA 1 - March 31 2004

NOA 2 - July 7

to Manila - July 30

called embassy for interview date - Aug 17

Recvd K packet - Aug 24

CFO - Sept 7

Medical - Sept 15 & 16

Interview - Oct 8

Visa on hand - Oct 13 YES! thank You God!

POE - October 23

AOS & EAD:

Marriage at the beautiful St. Croix U.S. Virgin Islands - Nov 6

SSN - Nov 29

State ID - Dec 1

AOS & EAD applied for - Dec. 6

NOAs for AOS & EAD - recvd mail on Dec 15 but receipt date is Dec 8

got TD shot for AOS - Dec. 15 paid $15

passd written exam for DL- Jan 03 2005

Biometrics for EAD & AOS - Jan 10

Biometrics AGAIN (???) - Feb 2

EAD recved - Jan 29

recved AOS interview letter - march 2

AOS interview - april 27 SUCCESS!! Thank You so much God! You never fail.

welcome to America letter - may 2

recvd "green" card - may 5 2005

got driver's license - may 20

removing conditions:

lifting of conditions on GC - jan 31 2007

NOA date - february 06

recvd NOA - february 26

recvd biometrics apptmnt letter - march 2

biometrics appt - march 12

citizenship:

sent N-400: february 25, 2008

recved: february 27

priority date: february 27

notice date: march 4

recved NOA1: march 6

recved biometrics letter: march 10

biometrics: march 19

intrvw letter rec'd: april 3

intrvw: may 13 - APPROVED!

Oath - Sept. 17

US Passport - Sept 26

Go to the USCIS website and download the I-751 form. It's the newest one, dated 8/06, and in the 4 page instructions, it tells you that pictures are now done by THEM at the same time as your fingerprinting.

• 8 years later...

EminTX   131

Here I am in 2015 looking up sample cover letters to use in proofing the one we have written and this thread was near the top of the list when searching for "751 cover letter".

For anyone who might be new to this or, like myself, come across this old thead, there is no requirement that you send no photos. A photograph of the petitioner will be taken at the biometrics interview. This does nothing to prove a relationship. If you want to send a vacation photo of your family in front of the Alamo, it could only further verify the validity of the reciept showing that you had 3 people in your room at the hotel located across the street from the land mark location. (a personal example)

The price has certainly changed and the address is also different.

I am guessing that this was the first one I opened because this was such a well written cover letter example.

Thank you again to everyone who has traveled this road before us and taken the time to share their experiences and information.

Perú's K-1 embassy packet can be viewed in our photos . Travel Tips for Perú (& South America) Our Immigration Experience Seat Guru Flight seating! Airport Processing Times - http://awt.cbp.gov/ POE-Houston? Pictures and info. .... POE-Houston (other languages) ....

Oh yeah--I meant to add:

On the lower back of each page submitted, we included my husbands name and the number from his greencard.

I have worked in a bureaucratic machine for many years and it is a NIGHTMARE putting things back together when you drop a folder that explodes all over the floor. It is the worst nightmare when it is a group of folders....

I don't see how this can hurt but it might be helpful if one of our documents flies off a desk or whatever and needs to get back to where it belongs.

(To do it, we simply typed it in a document to print and loaded the printer to get them all at once and re-ran them through the printer. )

Also, I posted a thread years ago when I bought a new printer for this process--we got the HP Photosmart. We are still loving it and it is still producing super-sharp documents. The inks are reasonably priced and I'd happily buy from the same model-family again.

Ms Hogan   295

This thread should probably just be closed since the samples are outdated and not accurate anymore.

USCIS - 40 DAYS 2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room 2012-11-01: NOA1 by email - MSC 2012-11-02: $420 (x3) debited from our account 2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30 2012-12-11: NOA2 NVC - 26 DAYS 2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent 2013-01-03: Submitted DS-261 (x3) 2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us 2013-01-08: AOS bills appear as paid & AOS packages sent by email 2013-01-08: IV bill invoiced & paid (kids' only) 2013-01-09: IV bill appears as paid (kids' only) 2013-01-09: IV Package emailed & DS-260 submitted online (kids only) 2013-01-11: AOS received -notified by email 2013-01-11: IV bill invoiced & paid (for me) 2013-01-14: IV bill appears as paid (for me) 2013-01-14: IV Supporting Docs received for kids - notified by email 2013-01-14: IV Package emailed & DS-260 submitted online (me only) 2013-01-18: IV Supporting Docs received for me - notified by email 2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted 2013-01-23: AOS 2nd submission for Son #2 received - notified by email 2013-01-25: My CASE COMPLETE 2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE 2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION 2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox 2013-03-06: Interview 2014-12-1 9: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card 2013-03-08: Visas in-hand 2014-12- 22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA 2013-03-12: Paid USCIS Immigrant Fee 2014-12-2 4: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics 2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter 2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview 2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Ryan H   3,791

** Old thread closed to additional comments. **

Our journey:

September 2007: Met online via social networking site (MySpace); began exchanging messages. March 26, 2009: We become a couple! September 10, 2009: Arrived for first meeting in-person! June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China! June 21, 2010: Engaged!!! September 1, 2010: Switched course from K1 to CR-1 December 8, 2010: Wedding date set; it will be on February 18, 2011! February 9, 2011: Depart for China February 11, 2011: Registered for marriage in Wuhan, officially married!!! February 18, 2011: Wedding ceremony in Shiyan!!! April 22, 2011: Mailed I-130 to Chicago April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th) April 29, 2011: Updated May 3, 2011: Received NOA1 hardcopy in mail July 26, 2011: Received NOA2 via text/email!!! July 30, 2011: Received NOA2 hardcopy in mail August 8, 2011: NVC received file September 1, 2011: NVC case number assigned September 2, 2011: AOS invoice received, OPTIN email for EP sent September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011) September 8, 2011: OPTIN email accepted, GZO number assigned September 10, 2011: Emailed AOS package September 12, 2011: IV bill invoiced September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011) September 14, 2011: Emailed IV package October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230) October 6, 2011: Case complete at NVC November 10, 2011: Interview - APPROVED!!! December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

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• Remove Conditions on Residence Questions (Form I-751)

Which documents should I send with Form I-751?

Home » Which documents should I send with Form I-751?

June 7, 2021

While it is necessary to file the I-751 petition within the 90-day period before the card expires, the supporting documentation that goes with the form is just as important.

Proof of a Bona Fide Marriage

You’ll need to submit proof that you have a bona fide marriage, but a marriage certificate isn’t enough. Submit evidence indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. There is no list of prescribed documents. It’s your job to come up with different documents that serve as evidence that you entered the marriage with the intent to stay married for a life time.

RECOMMENDED: 33 Great Documents for Proving a Bona Fide Marriage

Mistakes on your I-751 petition can cause costly delays or a denial.

Evidence to send with form i-751.

Submit copies of as many documents as you can to establish the merits of the relationship from the date of marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

All couples should consider this requirement from the beginning of the marriage. Proving a good faith marriage should start on day one so that you have sufficient evidence to send with Form I-751 for the purposes of establishing your genuine marriage.

The documents may include, but aren’t limited to, the following examples:

• Birth certificate(s) of child(ren) born to the marriage
• Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence
• Financial records showing joint ownership of assets and joint responsibility for liabilities
• Any other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws
• Photographs of married couple together

All of the evidence above is made more effective if it starts at the time the marriage began up to the present time. Affidavits should be supported by other types of evidence listed above.

RECOMMENDED: How to Write an I-751 Affidavit of Support

CitizenPath makes preparing immigration forms easy. In addition to your prepared petition, CitizenPath provides you with a set of personalized filing instructions. Our filing instructions are customized to your answers in the petition so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your petition package, and where to mail it. Learn more >>

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How to Write an I-751 Cover Letter - Sample & Tips

An I-751 is a petition to remove the conditions on their residence that are usually placed there due to an individual's marriage to a United States citizen. The petitioner is noted as a conditional resident by virtue of this marriage.

Included with the rest of the I-751 documents, you may wish to place a cover letter for I-751 petitioning. In this article, we'll include a sample cover letter for I-751, removal of conditions petitioning, as well as a few tips on structure and what to include in the cover letter .

• # I-751 Cover Letter Sample
• # I-751 Cover Letter Structure
• # Tips for Writing I-751 Cover Letter
• # How to Edit I-751 Cover Letter Template

Free I-751 Cover Letter Template

This is a free cover letter template for i-751 removal of conditions. Free Download and customize it according to the sample text below.

Supported formats

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I-751 Cover Letter Sample (Text)

Below you'll find an easy-to-edit template sample of an I-751 cover letter that would be written by one spouse (the petitioner) on behalf of their spouse and child.

Month Day, Year (Insert USCIS centre address where you're filling the petition) Re: Form I-751, Petition to Remove Conditions on Residence for: (Name of immigrant K-1 visa spouse), (Alien registration number) (Name of immigrant K-2 visa child), (Alien registration number)

Dear USCIS Officer,

I am writing to inform you of the attached joint I-751, Petition to Remove Conditions on Residence for my immigrant wife, (insert full name of wife), and our daughter, (insert full name of child). My wife came to the United States on a K-1 visa, and our daughter on a K-2 visa. We married shortly after her arrival, as we had been unable to do so previously, and have remained living together happily as a family with our daughter. We very respectfully request that this I-751 petition be accepted to remove the conditions of residence for (full name of wife) and (full name of child).

Enclosed is a completed I-751 petition form, along with several other documents listed here:

• A check for (fee amount in USD).
• Copies of the permanent resident cards for (insert wife's full name) and (insert child's full name).
• A copy of our marriage certificate.
• A copy of our joint occupancy rental agreement for the residence my wife (insert wife's full name) and I reside in with our daughter, (insert child's full name).
• A copy of our child's birth certificate.
• Copies of our tax statements for the last 3 years （insert year range in brackets）.
• Copies of recent bank statements from our joint checking and savings accounts.
• A letter from my life insurance company, （insert company's name）, showing that the designated beneficiaries are my wife and child.
• A copy of the joint ownership title to our car.
• A copy of our most recent join account credit card statement.
• Three sworn affidavits by close friends of United States citizenship, attesting to our happy relationship and marriage.
• Family photographs from several occasions over the last 3 years, including （list occasions and dates） We respectfully request that the interview usually required for the I-751 petition be waived under consideration of the evidence enclosed and in accordance to 8 CFR §216.4(b)(1).

Thank you for your consideration.

Yours sincerely, （sign your name） （print your full name）

Structure of an I-751 cover letter

The structure of an I-751 cover letter should go a little like this:

• Date ("Month Day, Year").
• United States Citizenship and Immigration Services centre filling address.
• Subject line ("Re: Form I-751, Petition to Remove Conditions on Residence for:"), note full name of immigrant K-1 spouse and full name of K-2 child.
• Salutation ("Dear USCIS Officer,").
• Explanation of why you're writing to the USCIS, including the full names of your spouse and child(ren).
• Note which documents are included in the document package with the I-751 petition.
• Request that the interview be waived if applicably possible.
• Thank the USCIS Officer for their time.
• Closing salutation.
• Print your full name.

Tips for Writing I-751 Cover Letter

In case you're still feeling a little lost while writing your Form I-751 cover letter, here are a few useful tips:

• If you aren't filing with a child, you don't need to mention your children.
• Remain respectful throughout the I-751 cover letter.
• Include brief details that show a good relationship between you and your immigrant spouse.
• Include photographs as evidence.
• Remember to include the alien registration number if your spouse (and child, if applicable) has one. Not everyone has an alien registration number.
• Make sure your marriage looks as legitimate as possible.
• Always sign and date your I-751 cover letter.
• When mentioning a person, note their full name as shown on their birth certificate or any marriage documents.

It's vital that a Form I-751 cover letter is properly written to show USCIS officers that you are in a committed relationship with your spouse. With our easy-to-edit template sample cover letter for I-751, Removal of Conditions petition, you should be well on your way to finishing the document packet and being able to file your I-751 with no issues.

How to Edit I-751 Cover Letter Template

It is easy to edit the PDF cover letter templates in this page with Wondershare PDFelement - PDF Editor , a professional and easy-to-use PDF editor. You can change the texts, images, form fields, font size and color in the templates with this tool. You can also create a new cover letter with it. The following are the key features of it.

Step 1. Open the I-751 Cover Letter Template

Step 2. Click on "Edit" and Enter Your Text as You Like

Step 3. Complete and Save Your I-751 Cover Letter

Posted by Elise Williams to Updated: 2024-04-18 13:58:49

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How to Win a Spousal I-130 or I-751 After RFE or NOID?

Introduction, what are rfe and noid, why do marriage-based applicants get noid or rfe, how to collect evidence and what evidence would be useful for the uscis, what is the deadline for responding to an rfe/noid.

S ometimes, immigration law can be a rugged territory to cruise on. All those filing forms, fees you need to pay, evidence you have to submit, interviews to undertake can make you feel trapped in your immigration case. Therefore, it is advisable to hire a lawyer from the first beginning to lead you through the whole process.

But what if you have already undertaken some steps without seeking legal help and received an RFE or a NOID after your I-130 or I-751 petition ? Although it might seem that the situation is not bright, do you need to panic, or is there still something to do about it?

First of all, we will remind you to relax and take a deep breath. The good thing is there is a solution, and no need to be worried. This article will provide you with answers to the most common concerns when it comes to those two USCIS actions and equip you with information on how to handle it.

When the petition lacks evidence, USCIS will dispatch a Request for Evidence (RFE) . This creates an additional opportunity for petitioners to provide proofs that are important for their cases.

Immigration officers at the USCIS will usually issue an RFE when an initial assessment on your application has determined that they need more information to make an informed decision.

Once an RFE has been sent out, you’ll be allowed to make corrections to any information you’ve already disclosed, if necessary. You’ll also provide documents that can further support your case or persuade the reviewing officers to approve your application.

Usually, such requests concern a copy of a birth certificate, degree, passport, marriage license, or any other relevant document which is not complicated to obtain. Still, sometimes it can request some more difficult copies, such as a request to employers for bank statements demonstrating an ability to pay the prevailing wage.

In order to avoid rejection of your petition, you will have to respond to the RFE appropriately. These Requests for Evidence are prevalent lately, and those are becoming even more frequent since the USCIS scrutinizes cases in more detail such as those for H-1B visas .

To conclude and put it in other words, if you receive an RFE from the USCIS, it only means that they need additional information before reaching a decision.

The other USCIS document you can receive after you file the I-130 petition is a Notice of Intent to Deny (NOID). As its name says, when USCIS intends to deny your application, it will send you out a NOID, and not an RFE we talked about earlier.

If you receive a NOID, this will mean the USCIS has already decided that you are not eligible.

Now, wait: it doesn’t mean either the USCIS has already officially denied your application when it delivers NOID. But, it does mean that your path to winning the case is more challenging and that you’ll probably need to seek help from an immigration lawyer to win your case.

However, there are several noticeable differences between RFE and NOID to bear in mind when it comes to these two notices:

• RFEs are usually sent out because the USCIS is unsure whether your petition should be approved, so it needs more evidence to determine the outcome. On the other side, you may receive NOID when the officer deems that the petition shouldn’t be approved, but believes that additional evidence you may provide could affect the final decision.
• RFEs will include a list of the evidence needed to avoid a denial or rejection, but NOID will consist of a list of reasons why your petition is likely to be denied. Based on the listed reasons, you will need to determine what evidence you could provide and convince the offices to sway the decision.
• Deadlines also differ: you will likely be given a shorter time to respond to a NOID than you would for an RFE.

Firstly, let’s clarify why and in what circumstances marriage-based applicants receive RFE or NOID. In the United States, being married is not an instant ticket to obtaining a U.S. green card.

This might disappoint many couples since the burden to convince USCIS that the immigrant deserves a U.S. green card is on the applicants. If you intend to do so, you must be ready to demonstrate your eligibility by ensuring firm evidence.

On the way to getting a permanent residence, there are two steps to undertake in process. The first step is to file an I-130 immigrant relative petition . If it gets the approval, it enables petitioners to advance to the next step and apply for permanent resident status.

Many immigrants who want to obtain a marriage-based green card fail in the first step of the process, but you can guess your mistake since you are reading this article. Often, petitioners perceive filing the spousal I-130 petition as a trivial requirement due to its limited set of questions.

USCIS holds the power to ask for as much evidence as it deems necessary before it is convinced that your application is eligible for approval.

It might issue a NOID or RFE for multiple reasons, mainly including insufficient evidence of a bona fide relationship, discrepancies or inconsistencies in each spouse’s testimony, discovery of negative information, and 204(c) fraud finding.

Sometimes, you will find very detailed information in the USCIS issued document regarding allegations. Still, those may seem vague more than often, so make sure to hire an immigration expert in order to respond adequately.

How to Respond to RFE or NOID?

Depending on what phase the case is at, there is a difference in who is responsible for responding to the issued document: the petitioner or the couple jointly.

If USCIS issued the NOID following the I-130 petition submission, then the petitioner who is a U.S. citizen or lawful permanent resident prepared and filed the I-130 should be the one who will respond to it. The immigrating beneficiary cannot reply to a NOID and I-130 petition, although he or she can assist the petitioning spouse is preparing a response.

If a couple filed a concurrent marriage-based adjustment application (with a Form I-130 and Form I-485) and received a NOID, it would usually do so after the marriage interview at a USCIS office.

However, USCIS can technically issue the NOID at any time, and in that case, both people will be responsible for responding jointly.

If you were issued the RFE, read through it carefully and make sure you don’t miss any vital information, including any additional documentation requested.

Even if you think that you’ve already submitted some of the requested information with your initial application, still be patient. It happens sometimes. When responding, try to provide a comprehensive answer by using concise and clear responses, and submit all of the requested evidence.

It’s essential to take care of the RFE as quickly and accurately as possible. Failure to do so may delay or harm the outcome.

The vital point of your response is a collection of evidence that will support your application. In the next part of this article, you will learn more about specific documents that will help you strengthen your application.

A most common complaint by USCIS is there is insufficient evidence of a shared life. This can include a lack of evidence to prove cohabitation or joint finances. Moreover, contradictory or adverse evidence from USCIS interviews or investigations can raise doubt about your marriage.

So, make sure this time that your RFE response includes any requested information or evidence that the USCIS officer asked and do not hesitate to have any other documents if you think that it will solidify your application. Be sure to include all information and evidence that the officer might need to make an informed decision.

If you received NOID, your situation is a bit more complicated since, unlike RFE, your NOIDS contains only a list of allegations made by USCIS. It means that you have to conclude what documents you satisfy USCIS to revoke the decision. Because of it, it would be good not to submit the response on your own, but rather to seek professional legal help.

One of our clients was issued with NOID alleging marriage fraud in a prior marriage. This situation wasn’t easy since USCIS doubted the current marriage because of a previous one that was terminated, where the couple also filed an I-130 and were denied, even though the couple had children.

In our response, we stated that the intention of establishing a life together at the time of marriage is crucial in determining whether the couple entered into the marriage in good faith.

The first time, USCIS denied the petition without the interview, so the couple never had a chance to answer an officer’s doubts. As firm evidence of their bona fide relationship, we included affidavits of various important actors in the couple’s life, including ex-partner’s testimony, happy anniversary, and birthday cards.

In the other case, the USCIS denied I-130 because it believed that the petitioner did not provide “adequate documentation to show that the beneficiary was free to marry.”

Our client did not give the U.S. Embassy any previous marriage documentation. Instead, he represented himself as such in order to obtain a tourist visa easier. However, USCIS couldn’t just conclude that the client wasn’t free to enter a new marriage without valid documentation and based only on words.

As in the previous case, here as well right affidavits and strong arguments stated by our lawyers, made the response more convincing and more effective.

As you can see, there are various, unpredictable situations that can occur, and USCIS has the power to decide solely and independently about each.

Therefore, if when you receive RFE or NOID, make sure to contact your lawyer immediately, so you do not miss the deadline to deliver a response and to have enough time to prepare all required documentation.

Remember, the more supporting and detailed information you can send, the better your chances of getting approval will become.

The deadline within which you have to respond to your RFE will be listed in itself. If you miss this date, your application may be denied due to abandonment or incomplete documentation.

This means that you need to carefully look at your RFE, prepare a response on your own, hire an immigration lawyer who will help you out, and make sure you don’t miss the deadline.

If you have filed an initial application but moved after that, it’s essential to notify the USCIS about it and provide them with your new mailing address so that any notice can be delivered to you. If you travel away from home for a long time and if it’s possible, it is always a good idea to have a forwarding address in the place, you will reside.

In the event of missing either of these steps, you will be likely to receive an RFE notification on the wrong address without being notified, which will result in missing the response deadline and losing a to respond appropriately.

The amount of time you get to respond to an RFE will mostly depend on the level of difficulty surrounding the request’s requirements. Usually, the deadline that most applicants get is somewhere between 30 and 84 days.

Remember that this is one of the most important aspects of responding to an RFE, to meet the specified deadline set out by USCIS, and not even a day later. Moreover, the sooner you can provide USCIS with the requested evidence, the better your chances of an accurate and effective response are.

Missing this deadline will lead you to the opportunity to file an appeal to reopen your application, but this is a step that should be avoided in any circumstances unless you encountered legit events that prevented you from responding promptly.

When it comes to the NOID, this notice will also include the time of how long you have to respond, which is usually 30 days. Here, you should know that there are three additional days for mailing besides this limit, considering the date highlighted on the NOID’s top.

Typically, this period is not flexible, which means that if you cannot gather all of the evidence on time, USCIS will eventually deny your case.

Having in mind the current situation due to the coronavirus or COVID-19 pandemic, USCIS made some exceptions. It stated that if you receive a NOID dated between March 1 and September 11, 2020, you will be given some extra time. Accordingly, you can respond up to 60 calendar days after the response date outlined in your NOID.

In order to prevent a denial, we advise you to submit as much evidence as you have, no matter whether you consider some of it sufficient.

If there is some information that takes more time to get and this doesn’t depend on you, along with gathering evidence, attach a letter advising USCIS that you will supplement more information as soon as possible.

If you have any proof that you commenced collecting additional evidence that will support your application, provide it to the USCIS, as well. In this way, you will let USCIS know that you are waiting for the missing information and are serious about proving your bona fide marriage .

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