If you filed a marriage-based petition after August 1, 2025, USCIS can deny it outright — without giving you a chance to fix mistakes first. Under updated Policy Manual guidance (Policy Alert 2025-12), immigration officers now have broader discretion to skip the Request for Evidence (RFE) and Notice of Intent to Deny (NOID) process entirely on family-based petitions. That means a missing document, wrong form edition, or incomplete evidence package can lead to an immediate denial with no second chance.
What Changed on August 1, 2025?
For years, USCIS typically gave applicants a safety net. If something was missing from your I-130 petition or supporting documents, the agency would send an RFE asking you to provide the missing piece. If there was a more serious problem, you might receive a NOID explaining why USCIS planned to deny your case, giving you time to respond.
That safety net has shrunk dramatically. Under the August 2025 update, officers can now deny a family-based petition without issuing either an RFE or a NOID if they determine the application cannot be approved as filed. This applies to all family-based immigrant visa petitions — including those filed by U.S. citizens and green card holders on behalf of a spouse.
The policy applies to every I-130 petition filed on or after August 1, 2025, as well as any pending petitions that hadn’t been decided yet as of that date.
Why This Matters for Married Couples
The stakes go beyond just losing your filing fee and starting over. Under the updated guidance, USCIS also made clear that a pending family-based petition does not provide immigration status or protection from removal. If the beneficiary (the foreign-born spouse) is in the United States without valid status and the petition is denied, USCIS may issue a Notice to Appear (NTA) — the document that starts deportation proceedings.
To put this plainly: a mistake on your marriage-based green card petition could now trigger removal proceedings against your spouse. That was always technically possible, but USCIS is now emphasizing this authority more aggressively than at any point in recent memory.
How to Protect Your Case
The most effective thing you can do right now is file a complete, well-documented petition the first time. There may not be a second chance. Here’s what that looks like in practice:
Use the correct, current edition of every form
USCIS will reject or deny petitions filed on outdated forms. Check the USCIS website immediately before filing.
Include every required document
Marriage certificates, birth certificates, proof of immigration status, evidence of a bona fide marriage (joint leases, bank statements, photos, affidavits), and certified English translations of any foreign-language documents.
Organize your evidence clearly
USCIS officers review hundreds of cases. A well-organized petition with a clear cover letter and tabbed exhibits reduces the chance of something being overlooked.
Have an immigration attorney review your petition before filing
This is the single most important step. An experienced attorney will identify gaps, inconsistencies, and potential red flags before USCIS ever sees your application.
What to Do If Your Petition Is Denied
If you receive a denial, you have options — but you need to act fast. The petitioner (the U.S. citizen or green card holder who filed the I-130) can appeal the decision to the Board of Immigration Appeals (BIA) by filing Form EOIR-29 within 30 days of the denial notice. Do not file Form I-290B — that form does not apply to I-130 denials, and using the wrong form could cost you your appeal deadline.
In some cases, filing a new I-130 petition with stronger evidence is a better strategy than appealing, particularly when the denial resulted from missing documents rather than a legal determination about the marriage itself. An immigration attorney can help you determine which path makes more sense for your situation.
Don't Wait to Get This Right
The current enforcement environment leaves very little room for error. If you’re planning to file a marriage-based petition — or if you’ve already filed and are waiting for a decision — consult with an immigration attorney now. At the Law Office of Matthew Peterson, we help couples across Eastern Massachusetts prepare strong, complete immigration petitions designed to get it right the first time. Contact us today for a consultation.
