Request for Evidence or Notice of Intent to Deny: what each one means

A Request for Evidence (RFE) means USCIS needs more evidence before it can decide your case. A Notice of Intent to Deny (NOID) means USCIS has reviewed the evidence, intends to deny, and is giving you a chance to respond before it does.⁠^[1] Both notices state a deadline, and that printed deadline is the one that counts. By regulation it can be no longer than 12 weeks for an RFE or 30 days for a NOID, and no extra time may be granted.⁠^[2] If you do not respond in time, USCIS may deny the case as abandoned, on the record, or both.⁠^[4]

RFE and NOID side by side

	Request for Evidence	Notice of Intent to Deny
What it means	Evidence is missing, or what was sent does not yet establish eligibility.⁠[1]	USCIS intends to deny and states the basis for the proposed denial.⁠[1]
What it tells you	The requirement not yet met, why the evidence falls short, the evidence needed, and examples of other evidence.⁠[6]	The reasons for the intended denial, any adverse information, missing evidence, and examples of other evidence.⁠[6]
Longest response period	12 weeks (84 days); 30 days for some forms such as I-539 and I-601A.⁠[2][6]	30 days.⁠[2][6]
Mailed notice	3 days added.⁠[7][6]	3 days added.⁠[7][6]
Extensions	Not allowed.⁠[2]	Not allowed.⁠[2]
No response by the deadline	Denial as abandoned, on the record, or both.⁠[4]	Denial as abandoned, on the record, or both.⁠[4]

Why USCIS sends one

The burden of proving eligibility for an immigration benefit falls on the person asking for it.⁠^[6] In most cases the standard is a preponderance of the evidence: you have to show it is more likely than not that you meet each requirement.⁠^[6]

When the evidence falls short, the regulation gives USCIS options. If required initial evidence is missing, it may deny or ask for it. If the initial evidence is there but does not establish eligibility, it may deny, ask for more evidence, or send a notice of intent to deny.⁠^[1] USCIS says an RFE or NOID is generally not required, and it may deny without one when a case does not establish eligibility.⁠^[6] So an RFE or NOID is a chance to fix the record, and it may be the only one.

An RFE cannot cure a problem that existed when you filed. You must have been eligible at the time of filing, and a request is denied if the evidence sent in response does not show eligibility as of that date.⁠^[8][6]

Reading the notice

USCIS says an RFE should identify the eligibility requirement that has not been established and why the evidence is insufficient, name any missing evidence required by the statute, regulation or form instructions, say whether the evidence is initial or additional, give examples of other evidence that may be submitted, and request it.⁠^[6]

A NOID should identify the reasons for the intended denial and why the evidence is insufficient, explain any adverse information in enough detail, identify missing evidence and examples of other evidence, warn that failure to respond may result in denial, and state the deadline.⁠^[6] A NOID that describes adverse information, such as a record USCIS found, is a reason to get advice before you answer.

The deadline

• Use the date on the notice. The RFE or NOID must state its deadline.⁠^[6]
• Know the ceilings. No more than 12 weeks for an RFE and 30 days for a NOID, and no extensions.⁠^[2] Some RFEs, such as those on Form I-539 or I-601A, allow at most 30 days.⁠^[6]
• Mailed notices. When a notice is served by mail, 3 days are added, and service is complete on the day of mailing.⁠^[7] USCIS says this gives a maximum of 87 days after it mailed an RFE for USCIS to receive a timely response.⁠^[6]
• Online notices. An RFE placed in your USCIS online account is served on the day USCIS uploads it.⁠^[6]

Count from the date of service, not from the day you opened the envelope, and plan for your response to arrive before the deadline.⁠^[7][6]

Three ways to respond

Within the response period, the regulation gives you three choices:⁠^[3]

1. A complete response with everything requested.
2. A partial response, asking for a decision on the record.
3. Withdrawing the application or petition.

All requested materials must be sent together at one time, with the original RFE or NOID. Sending only some of the evidence is treated as a request for a decision on the record.⁠^[3] On a partial response, the decision is made on what USCIS has, and failing to submit evidence that blocks a material line of inquiry is grounds for denial.⁠^[9]

If the deadline passes

USCIS may deny the request as abandoned, on the record, or both.⁠^[4] A denial for abandonment cannot be appealed, but a motion to reopen may be filed. You can also file a new request with a new fee, but the priority or processing date of the abandoned request does not carry over to it.⁠^[5] Missing a biometrics appointment or interview has a similar effect unless USCIS excuses it.⁠^[10]

A practical checklist

1. Read the whole notice, including every attachment, the day it arrives.
2. Write down the deadline and work back from it, leaving time for delivery.⁠^[7][6]
3. List every item requested, and match each one to a document.
4. If a document does not exist, look at the examples of other evidence the notice gives, and explain in writing what you are sending instead.⁠^[6]
5. Send everything in one package, with the original notice on top.⁠^[3]
6. Keep a full copy and the delivery proof.
7. Keep your address current with USCIS so the decision reaches you.⁠^[11]

Marriage-based cases have their own common evidence requests. Joya Law Firm's marriage green card page has a section on those, so they are not repeated here.