Albert and Amy recently got married. A month after the wedding, Albert, a US citizen, filed a spousal petition for his wife Amy. In his petition before the USCIS, he submitted evidence of the marital relationship such as photos of the wedding, marriage certificate and newly opened joint bank accounts.
A few weeks after the USCIS received his petition, it sent out a Request for Evidence (RFE) asking for more evidence of the relationship enumerating additional documents as further proof of the marriage. Since they just recently got married, they can only submit affidavits from their families and friends attesting their personal knowledge that Albert and Amy are husband and wife. After a few months, USCIS issued its decision denying Albert's I-130 petition.
Albert now asks whether to file an appeal or refile a new I-130.
In weighing whether to appeal or refile, each individual case should be considered more thoroughly. There are many reasons why an I-130 gets denied and the reason for the denial determines heavily whether to file an appeal or simply refile a new petition. In Alberto's case, there was not enough proof of marital relationship based on the little evidence they submitted. Understandably because there was not enough time that passed for the relationship to mature enough to provide more evidence of the marriage. Filing an appeal in this case would not be a wise step to take aside from it being an additional expense. Refiling the I-130 at a later time with more evidence of the relationship would offer more chance of approval.