Understanding Request for Evidence (RFE)
When applying for a U.S. visa, green card, or other immigration benefits, you might receive a Request for Evidence (RFE) from USCIS. This notice asks for additional information to help make a decision on your case. While it can seem stressful, an RFE is a routine part of the immigration process and doesn't imply that your application will be denied.
What is an RFE?
An RFE (Request for Evidence) is a formal request from USCIS asking for additional documentation or clarification regarding your immigration case. It’s important to understand that receiving an RFE does not mean your application is denied, it simply when USCIS asks for more evidence to make an informed decision.
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For example, if you're applying for a green card and haven't included proof of your legal status in the U.S., USCIS may issue an RFE asking for that specific documentation. Similarly, in the case of an H1B visa application, they might request more detailed information about your employer’s qualifications.
Common examples of RFEs:
Missing or insufficient supporting documents
Incomplete or inconsistent information on forms
Issues related to financial support in family-based petitions
Why Does USCIS Issue an Request for Evidence (RFE)?
USCIS issues an RFE when they cannot make a decision based on the information you’ve provided in your initial application. Here are some common reasons why:
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Missing documents: Sometimes applicants forget to submit essential documents like a birth certificate, passport copy, or proof of relationship.
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Insufficient evidence: In cases where the documentation submitted does not fully support the claims in the application (e.g., proof of marriage for a spousal visa).
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Incorrect filing: A form may be filled out incorrectly, or there may be discrepancies in the information provided.
By issuing an RFE, USCIS gives applicants the opportunity to provide additional evidence before a decision is made.
Types of Request for Evidence (RFEs)
RFEs (Request for Evidence) can be divided into two main categories, both of which are important for those navigating the U.S. immigration process:
1. Request for Initial Evidence (RFE):
This occurs when crucial documents that should have been included with the initial submission are missing. For example, failure to provide the required forms, incomplete information, or missing key documents like a birth certificate, passport copies, or financial evidence will prompt this type of RFE. The USCIS officer reviewing the case will issue an RFE to request the missing initial documents before proceeding with the case.
2. Request for Additional Evidence:
This happens when the documents provided aren't sufficient to meet the standard required for approval. Even if all initial documentation is provided, USCIS may need more specific proof to confirm eligibility. This could involve requests for medical examinations, affidavits of support, employment letters, or proof of lawful permanent residence. The goal is to supply additional details that further substantiate the petition.
Note: Properly addressing an RFE is crucial for individuals applying for visas, green cards, work permits, or other immigration benefits, and failure to do so can result in significant setbacks.
Common RFE Requests for Different USCIS Forms
Different forms tend to trigger RFEs for specific reasons. Some examples include:
I-485 (Adjustment of Status): Missing medical exam results, incomplete information about immigration history.
I-130 (Petition for Alien Relative): Insufficient evidence of a bona fide relationship, missing marriage certificates.
H1B: Requests for proof of specialized occupation or employer qualifications.
I-140 (Employment-based immigration): RFEs often involve issues related to the employer's ability to pay or the qualifications of the employee.
How to avoid receiving an RFE
RFEs can be triggered for a variety of reasons, but there are some universal issues that applicants across different visa types encounter. Avoiding these mistakes can significantly reduce the chances of receiving an RFE.
1. Missing Initial Evidence
A primary reason for receiving an RFE is failing to submit the required documents or forms to prove eligibility for the visa. This issue affects several visa types, from marriage-based green cards to H-1B work visas. It is better to receive an RFE than an outright denial, but both scenarios can be avoided by submitting all the required initial evidence upfront.
How to Avoid:
Double-check USCIS requirements for your visa category. Each visa has a checklist of required documentation.
Submit supporting documents like marriage certificates, employment verification, and financial statements.
2. Insufficient Financial Support
Another common RFE reason, especially for family-based visas, is insufficient proof of financial ability. The U.S. sponsor must prove they can financially support the applicant based on specific income thresholds.
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Family-based visas:
For marriage-based green cards and K-1 fiancé visas, the U.S. citizen or lawful permanent resident sponsor must meet the 125% federal poverty guideline for their household size. If the sponsor’s income is insufficient, they must find a joint sponsor. -
Employment-based visas:
Employers sponsoring visas like the H-1B must demonstrate they can pay the prevailing wage for the role. Failure to provide this can result in an RFE.
How to Avoid:
Provide tax returns, W-2 forms, pay stubs, and any additional financial documentation proving that the sponsor or employer can meet the required financial support guidelines.
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Use the USCIS income calculator or consult the most recent federal poverty guidelines to ensure you meet the minimum requirements.
3. Missing Proof of Legal Entry or Status
If you are already in the U.S. and applying for an adjustment of status (e.g., I-485) or a visa transfer (e.g., H-1B transfer), you must prove that you entered and remained in the U.S. legally. This often includes submitting your I-94 travel history or a stamped passport showing your lawful entry.
How to Avoid:
Submit a copy of your I-94, which you can retrieve online from the U.S. Customs and Border Protection (CBP) website.
If your I-94 is missing or lost, file Form I-102 to request a replacement.
4. Missing Document Translations
If any of your supporting documents are not in English, USCIS requires a certified translation. The translation must be accurate and accompanied by a certification letter from the translator, including their name, address, and signature.
How to Avoid:
Always provide a certified translation for documents like birth certificates or marriage certificates that are in a language other than English.
Ensure the translation includes a statement certifying the accuracy of the translation, signed by the translator.
5. Lack of Specialized Evidence
Each visa type may have specific evidence requirements beyond the standard documentation. Missing or incomplete category-specific documents often trigger an RFE.
How to Avoid:
For H-1B visas, include detailed job descriptions, educational credentials, and documentation proving the job is in a specialty occupation.
For K-1 visas, submit evidence of a bona fide relationship, such as photos, correspondence, and proof of your intent to marry within 90 days of entering the U.S.
For employment-based green cards, provide detailed proof of your skills, qualifications, and any employment-related evidence requested in the job category.
6. Unusual Cases or Special Circumstances
If your case involves unique situations such as gaps in employment, previous visa denials, or complex immigration histories, proactively providing additional clarifying evidence can prevent USCIS from issuing an RFE.
How to Avoid:
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Write a detailed explanation for any unusual circumstances, like an extended gap in employment or previous immigration issues.
If you previously applied for a green card for an ex-spouse or withdrew a petition, provide a written explanation with supporting documents.
Ensure your application is error-free from the start.
Schedule a consultation with our experienced attorneys today.
How to Respond to Request for Evidence (RFE)?
Receiving an RFE might feel overwhelming, but responding correctly and promptly can ensure your case moves forward. Follow these steps to prepare an effective response:
Step-by-Step Guide to Respond to an RFE
Here’s a step-by-step process to respond effectively to an RFE:
1. Review the RFE Letter Carefully
Upon receiving an RFE, the first step is to carefully read the letter. The RFE will detail the missing information and what additional evidence USCIS needs. Misunderstanding the RFE can lead to an inadequate response or even a denial.
2. Gather the Necessary Documents
Once you understand what USCIS is asking for, start collecting the requested documents. This could include tax returns, affidavits, employment verification letters, or birth certificates. Make sure the evidence is as comprehensive and clear as possible.
3. Organize Your Response Professionally
Organize your documents carefully. It’s helpful to categorize your evidence and label it so that it corresponds with the specific requests in the RFE. This makes it easier for USCIS to review your submission.
4. Write a Cover Letter
Include a cover letter with your response. The cover letter should outline the evidence you are providing and how it addresses the points raised in the RFE. Be concise, clear, and professional in your explanation.
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5. Submit Your Response on Time
Timeliness is critical when responding to an RFE. USCIS will specify a deadline in the RFE, typically 30 to 90 days. Ensure your response is submitted well before the deadline to avoid delays. Using a reliable mailing service that tracks delivery is highly recommended.
Pro tip!
Work with an immigration attorney if you’re unsure how to respond to an RFE.
Feeling overwhelmed by the RFE process?
Contact Melendez Legal for expert assistance.
What Happens After an RFE Response?
After submitting your RFE response, USCIS will review the additional evidence you’ve provided. Here’s what might happen next:
Approval: If your response satisfies the USCIS requirements, your case will move forward, and you may receive a decision soon after.
Denial: If the evidence provided still doesn’t meet USCIS standards, they may deny
the application.
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Request for Further Evidence: In some cases, USCIS might ask for even more documentation if the response is insufficient.
USCIS Request for Evidence RFE Response Time in 2024
Response times for RFEs vary depending on the case type and USCIS workload. On average, USCIS processes RFE responses within 60 to 90 days. However, in premium processing cases (such as H1B), the response can come as quickly as 15 days after the RFE is submitted. If you’re awaiting a response, you can check the status of your case online at the USCIS website.
What Happens After RFE Approval?
Once an RFE is approved, your case moves forward to the next step in the application process. For example:
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Green card applications: If the RFE addresses missing evidence, USCIS will proceed with scheduling a biometrics appointment or an interview.
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H1B visas: Approval of an RFE leads to the final approval or denial of the visa petition.
Tips to Avoid RFEs in Future Filings
To further minimize your chances of receiving an RFE, here are additional proactive steps you can take:
1. Review Your Application Carefully
Before submitting your application, review all documents and forms to ensure they are complete, accurate, and in line with USCIS requirements. Missing details or inconsistencies can trigger an RFE.
2. Stay Up-to-Date with USCIS Guidelines
USCIS updates its guidelines regularly, so ensure you're following the most current requirements for your visa type.
3. Submit Extra Supporting Evidence
If you're unsure whether a specific document is required, include it. Providing more evidence than necessary (as long as it's relevant) reduces the chance of an RFE.
4. Work with an Immigration Attorney
Consulting with an immigration attorney before submitting your application can help ensure that all aspects are covered thoroughly and correctly.
FAQs on Request for Evidence (RFE)
Q1: What is an RFE?
An RFE (Request for Evidence) is a formal request from USCIS asking for additional documentation or information before they can make a decision on your immigration application.
Q2: What is an RFE in immigration?
In immigration, an RFE is a notice from USCIS requesting more documents or clarification to support your visa or green card application. It allows you to provide missing or additional information.
Q3: How long does USCIS take to process an RFE?
USCIS usually takes 60 to 90 days to process an RFE response, though for cases under premium processing, it may be reviewed within 15 days.
Q4: What is a cancellation notice for a Request for Additional Evidence?
A cancellation notice means USCIS no longer requires the additional evidence they initially asked for, either because they received enough evidence or issued the RFE by mistake.
Q5: Can I send additional documents to USCIS without an RFE?
Yes, you can send unsolicited documents to USCIS, but it’s better to submit all necessary evidence during the initial filing to avoid delays.
Q6: Can I submit more evidence without receiving an RFE?
Yes, you can submit unsolicited evidence, but it's generally recommended to provide a complete application upfront to avoid processing delays.
Q7: What is a USCIS Request for Evidence (RFE) for I-130?
An RFE for Form I-130 is issued when USCIS needs additional information or documentation to verify the legitimacy of a family-based immigration petition, such as proof of marriage or relationship.
Q8: What is the difference between a Request for Evidence (RFE) and a Request for Additional Evidence (RAE)?
An RFE requests missing documents that should have been included in the original application, while an RAE asks for more documentation to clarify or support the information already provided.
Q9: Is receiving an RFE a good sign?
Receiving an RFE isn't necessarily bad. It means USCIS is reviewing your application but needs more information, giving you the chance to address any concerns before a decision is made.
Q10: What does "Request for Additional Evidence was sent" mean for I-129?
For Form I-129, this means USCIS needs more documentation or clarification, often about the job or employer qualifications, to proceed with your work visa application.
Need expert advice for your immigration case? Reach out to Melendez Legal for personalized legal guidance.
Request for Evidence (RFE)
In this article, we will provide you USCIS RFE response guide exploring what an RFE means, why it's issued, and how you should respond to ensure your application proceeds smoothly.