Preventing a Request for Evidence (RFE)

Overview of the USCIS Request for Evidence Process

If you’re applying for a visa or green card, U.S. Citizenship and Immigration Services (USCIS) might ask you for more information. This is called a Request for Evidence (RFE). RFEs can cause delays or even lead to your application being denied, so it’s essential to learn how to prevent and respond to them.

What is an RFE?

An RFE is simply a request from USCIS for additional documents. It means the officer reviewing your case needs more information to make a decision. IUSCIS will send a letter, in this case, called Form I-797E, or Notice of Action.

Don’t panic! An RFE doesn’t mean your application will be denied. Think of it as a chance to strengthen your case by providing more evidence that your relationship is bonafide.

Key Points to Remember:

• Respond on time: Meet the deadline stated in the RFE notice.
• Submit everything together: If multiple documents are requested, send them all in one package.
• Failing to respond can lead to denial: USCIS will decide based on the information they have if you miss the deadline.

If you get an RFE, we can help you respond to the government for an additional $300. Learn more about what Boundless can do to help.

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How to Avoid a Request for Evidence (RFE)

The best way to handle a USCIS Request for Evidence (RFE) is to avoid getting one in the first place. Although an RFE doesn’t necessarily mean your application will be denied, it will always result in additional delays. In most cases, RFEs can be avoided with a thoroughly prepared application, regardless of the visa type you’re applying for.

Specific reasons for getting an RFE vary depending on the visa type, but there are several common issues across various applications:

1. Missing Initial Evidence
   • Failing to provide necessary documents, forms, or other evidence to prove your eligibility for the visa you’re applying for (whether it’s a marriage-based green card, K-1 fiancé visa, H-1B work visa, or others) will likely result in an RFE. This is preferable to an outright denial for missing required initial evidence.
2. Insufficient Financial Support
   • A major cause of RFEs across different visa types is insufficient proof of financial ability.
   • Family-based visas: The U.S. sponsor must prove they have enough money to support the applicant, usually at least 125% of the federal poverty line. This applies to marriage green cards and K-1 visas. Learn more about federal income requirements here.
   • Employment-based visas: For visas like the H-1B, the employer must show they can pay the required wage for the position.
3. Missing Proof of Legal Entry or Status
   • For applicants already in the United States (such as those applying for adjustment of status or H-1B transfers), proving legal entry or maintaining legal status is crucial. This usually involves providing a copy of your stamped passport, I-94 travel history, or other relevant immigration documents. Learn how to get a copy of your I-94 online here.
   • If you lost your original I-94 and your records aren’t available on the CBP website, you can file Form I-102 to request a replacement I-94.
4. Missing Document Translations
   • For all visa types, any document not in English must be accompanied by a certified translation. The translator must certify in writing that they have translated the document accurately, including their name, address, signature, and the date of translation.
5. Lack of Specialized Evidence
   • Ensure you understand and provide all category-specific evidence for your particular visa type, as different visa categories may require specific evidence. For example:
     • H-1B visas might require detailed job descriptions and evidence of the applicant’s qualifications.
     • K-1 visas typically need proof of the relationship and intent to marry.
     • Employment-based green cards often require evidence of the applicant’s skills and experience.
6. Unusual Cases
   • For any visa type, if there are unusual aspects of your case, provide additional explanations or evidence proactively. This could include explanations of gaps in employment, previous visa denials, or complex immigration histories. For example, if you previously applied for a green card for someone else (an ex-spouse), but ended up withdrawing your green card application, you should include a written explanation.

Boundless offers dedicated RFE support, and with our 99.97% success rate, you can navigate your immigration journey with confidence. Learn more about what Boundless can do to help.

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Anatomy of an RFE: What to Expect

USCIS officers have clear guidance on how to review an application for a green card and other immigration applications. The USCIS Policy Manual, in addition to outlining general eligibility requirements, has charts and checklists that officers can use while reviewing applications. These guidance materials define the situations where issuing an RFE is appropriate.

USCIS officers rely on standardized templates when drafting RFEs, customizing them to request specific information for each case. Here’s a breakdown of the key sections you’ll find in an RFE:

1. The Facts: This introductory section provides basic details about your application, such as the type of application, submission date, and processing office. It also states that USCIS needs more evidence to make a decision.
2. The Law: This section cites the relevant immigration laws and regulations that apply to your case, often outlining specific eligibility requirements.
3. Evidence Submitted: This lists the documents you’ve already provided. Review it carefully to ensure everything you submitted is accounted for. If something’s missing, include it in your RFE response.
4. Evidence Lacking: This crucial section details the additional documents or information USCIS needs to adjudicate your case. It may also specify which eligibility criteria haven’t been met. For example, an RFE requiring a birth certificate will also usually state that if a birth certificate is unavailable, school records and “affidavits of birth” may be submitted instead. Pay close attention to this section and gather all requested materials.
5. Deadline: This specifies the timeframe for submitting your RFE response and the mailing address. Missing the deadline can lead to a denial, so be sure your response arrives on time.
   

Boundless has a 99.97% success rate and can help you navigate the RFE process. Learn more.

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Statistics on RFEs

RFE rates can vary significantly by visa category and change over time. Here are some recent statistics:

1. H-1B visas: According to USCIS data, the RFE rate for H-1B petitions was 35.8% in fiscal year 2019, down from 60.1% in fiscal year 2018.
2. Marriage-based Green Cards: Specific RFE rates for marriage-based green cards are not regularly published by USCIS. However, a 2020 study by Boundless Immigration found that RFE rates for marriage-based green cards filed from within the U.S. (adjustment of status) ranged from 22% to 29%, depending on the service center.
3. Employment-based Green Cards: USCIS data shows that RFE rates for employment-based green cards (EB-1, EB-2, and EB-3 categories) ranged from 24% to 35% in fiscal year 2019, depending on the specific category.

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What to Do If You Receive a Request for Evidence

When you receive a Request for Evidence (RFE) from USCIS, it’s crucial to approach your response carefully and thoroughly. Here are the steps you should follow:

1. Read the entire RFE carefully. This is your one chance to respond to any and all remaining questions that USCIS has about your application.
2. Review your original application package. Sometimes USCIS officers request information you’ve already provided. If this is the case, you can include photocopies of the relevant documents from your original application in your RFE response.
3. Prepare your response package. Include the following items:
   • Your original RFE notice (NOT a photocopy) should be the first page of the response package.
   • All requested documents must be sent together in one package. You get only one chance to respond to an RFE.
   • If you’re including documents from your original application, note their source.
   • Provide any necessary explanations. For example, if a bilingual birth certificate is in English but you’re asked for a translation, point this out.
4. Address missing documents. If you can’t provide a requested document, explain why and provide alternative evidence if possible. For instance, if birth records were destroyed, include a letter from the records office explaining this and a sworn statement (affidavit) from a family member confirming the birth details.
5. Write a cover letter. This should outline the contents of your submission, preferably in bullet points, showing the USCIS officer that you’ve provided all requested information.
6. Meet the deadline. The response deadline will be stated as a date or number of days from the RFE’s issue date. USCIS must receive your response by this deadline – the mailbox rule doesn’t apply.
7. Keep records. Make copies of everything you send, including the original RFE notice. Send your response via priority mail with delivery confirmation for proof of compliance with the deadline.

Remember, you have only three options when responding to an RFE:

1. Submit all requested evidence at the same time (recommended).
2. Partially respond by providing evidence indicating you want a decision based on available information.
3. Withdraw your application.

USCIS regulations require submitting all materials simultaneously, so don’t send evidence in separate mailings. If you remember additional documents after sending your response (even before the deadline), USCIS likely won’t consider them.

If you can’t locate certain documents as the deadline approaches, a partial response is better than none. Explain your efforts to obtain missing documents and why they’re unavailable.

Treat this as an opportunity to address any weaknesses in your application. Even for straightforward RFEs, review your materials to see if you can provide additional evidence to bolster your case.

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Tips for Organizing and Presenting RFE Responses

1. Create a cover letter: List all documents included in your response.
2. Use a table of contents: For complex responses, this helps USCIS officers navigate your package.
3. Tab and label documents: Use numbered tabs corresponding to your table of contents.
4. Highlight relevant information: Use highlighters or colored tabs to draw attention to key details.
5. Include explanatory notes: If a document is unavailable, explain why and what alternative evidence you’re providing.
6. Organize chronologically or by topic: Choose the method that best presents your case.
7. Use high-quality copies: Ensure all documents are clear and legible.

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Timeline and Processing After RFE Response

After submitting your RFE response:

1. USCIS typically resumes processing your case within 60 days, though it may take longer.
2. You may check your case status online using your receipt number.
3. Possible outcomes include approval, denial, or in rare cases, a second RFE.
4. If approved, you’ll receive an approval notice. If denied, you’ll receive a denial notice explaining the reasons and any available appeal options.

Remember, responding to an RFE doesn’t guarantee approval, but a thorough response significantly improves your chances.

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Impact of RFEs on Processing Times

Receiving an RFE typically extends your application processing time:

1. USCIS allows 30-90 days (specified in the RFE) for your response.
2. After receiving your response, USCIS generally takes at least 60 additional days to review and make a decision.
3. Total added processing time usually ranges from 3-5 months.

To minimize delays, respond to RFEs as quickly and thoroughly as possible while meeting all requirements. Boundless can help. Learn more here.

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Common RFE Triggers

While the specific reasons for an RFE can vary, certain issues frequently trigger these requests across different visa categories. Familiarizing yourself with these common triggers can help you build a stronger initial application and potentially avoid an RFE altogether.

Family-Based Visas (e.g., Marriage Green Card)

• Insufficient proof of a bona fide marriage: USCIS needs to be convinced that your marriage is genuine and not solely for immigration purposes. Ensure you provide ample evidence of your shared life together, such as joint financial documents, lease agreements, photos, and affidavits from friends and family.
• Inadequate financial sponsor documentation: The U.S. sponsor must demonstrate sufficient financial resources to support the applicant. Gather tax returns, pay stubs, bank statements, and other financial documents to prove you meet the income requirements.
• Missing or incomplete medical examination results: Submit all required medical examination forms and ensure they are filled out correctly and completely.

Employment-Based Visas (e.g., H-1B)

• Insufficient evidence of specialty occupation: The offered position must require a bachelor’s degree or higher in a specific field. Provide detailed job descriptions, educational transcripts, and letters from experts to demonstrate the specialized nature of the role.
• Incomplete employer-employee relationship documentation: USCIS needs to verify the legitimacy of the employment relationship. Include employment contracts, offer letters, pay stubs, and tax documents to establish a clear employer-employee connection.
• Missing or inadequate educational credentials: Ensure you submit all required educational transcripts, diplomas, and evaluations to demonstrate your qualifications for the position.

Request for Evidence (RFE) FAQs