RFE: The Complete Guide to Requests for Evidence

When you are mailing the documentation for your visa, you are hoping that everything will be in order and that soon enough, you will receive your acceptance for the visa. However, in some cases, things do not go as planned – and you will be sent an RFE (Request for Evidence).

By reading this article, you will find out what an RFE is and what you should do when you receive one.

What Is RFE (Request for Evidence)?

An RFE is a document issued by USCIS when an application or a petition does not have the necessary documentation. So that the application is not rejected from the very start due to lack of documentation, the USCIS requests that you send the rest of the documentation for your benefit.

In other words, if USCIS mails you an RFE, it means that you have to provide some additional documentation or proof before they go forward with your application. This request will usually arrive in the mail as a letter, printed on a piece of blue paper. You should be able to see “Form I-797E” written on the top right part of the paper.

If you fail to respond to a Request for Evidence, you are virtually guaranteed that your application or petition will get denied. This is why you should respond in a manner as timely as possible since it is critical for the success of your case.

In most circumstances, a request for evidence will cause some delays in your visa acceptance. However, even if you receive such a document, you should not be panicked in any way. As long as you provide the necessary documentation, everything should be in order.

How to Avoid RFEs

The best way in which people can handle an RFE sent by USCIS is to avoid being sent one altogether. A Request for Evidence does not exactly mean that your petition will be denied – but it does mean that some unexpected delays might occur. Most of the time, an USCIS-issued RFE can be avoided if you prepare your application thoroughly, checking all the details.

In most cases, an RFE may be received each time an officer from USCIS has reviewed your application – but they feel like it is lacking in important information. In order to avoid getting an RFE, you might want to ensure that you do not make the following mistakes.

• Initial Evidence Is Absent

If you failed to add any forms, documents, or other evidence that is necessary to receive your visa (marriage-based, work-based, etc.), it is likely that an RFE will be issued for you.

Before panicking, bear in mind that this is actually a good thing. Instead of directly denying your application on the basis of lack of evidence, USCIS is giving you one more chance to come forward. This way, you will be able to provide any missing documentation during the time frame that they gave you.

Furthermore, an RFE may be issued if they notice any omissions or inconsistencies. This is why you should clear out any inconsistencies from the moment you initially file your application.

• The Sponsoring Spouse Does Not Have Sufficient Income

When someone is applying for a green card based on marriage, they have to prove that they have sufficient income to “sponsor” their spouse through life. Therefore, the sponsor will have to prove that they are financially stable and earning at least around 125% over the poverty line. If you fail to provide sufficient documents to prove that, there is a very high chance that an RFE will be issued in your name.

If the person sponsoring the immigrant does not earn enough money, you might also use a co-sponsor – which is most of the time a family member. They will have to agree to support the couple during the time in which the immigrant is staying in the United States.

• Legal Entry Proof Absence

If the spouse or person for which you wish to sponsor a green card is already in the United States, you must be able to prove that they entered legally into the United States.

Most of the time, this will mean the inclusion of a copy of their passport – or if that is not possible, a copy of their I-94 history. If you do not have a physical strip, you should be able to view the travel history online.

Depending on the way that they entered the country, they might either get the passport stamp or the form.

• Missing Translations of Documents

If you provided documents that are in languages other than English, you will also have to have a certified translation on that document – meaning that nor you or your spouse are entitled to provide a translation. If your RFE mentions the absence of these particular documents, you should go to a legal office to get the documentation done.

• Unusual Cases

If anything seems to be strange about your case, you will have to provide an extra explanation – that is, unless you want to end up with an RFE in the mail. For instance, if you applied for a green card in the past for someone else (e.g. an ex-spouse), but ended up withdrawing your application, you should also provide a written explanation as to why that happened. Otherwise, if you do not address any inconsistencies, there is a high chance that your application for the green card will be denied.

What to Do When You Get an RFE

When you receive a Request for Evidence, the first thing that you should do is read the document as carefully as possible. The REF will always be accompanied by a guideline – and since the request will only be issued once, this will be your one chance to address it. You should not procrastinate about this, and you have to respond to all of the USCISs questions as quickly as possible.

Once you have carefully read through the RFE, the next step would be to review the package that contained your original application. After all, even USCIS officers are humans that have to deal with a lot of paperwork – and in some cases, they might request to provide information that you already gave them. If that’s what happened, you can photocopy that document again and send it in your response package.

Your response package should contain the following items:

• The original Request for Evidence notice – and not a photocopy. The paper should mark the first page of your response.
• Any document that has been requested in the RFE.
• Documents that you have photocopied from your original application – with the mention that they were present in the initial package in the first place.
• Any necessary explanation needed for an unusual case.

If there are any reasons why you might not be able to provide evidence (e.g. a birth certificate was lost in the fire), you should be straightforward with your words. USCIS agents appreciate transparency more than anything else.

Final Thoughts

In the event that you receive a Request for Evidence, the first thing that you should remember is that there is no need to panic. Most of the time, these issues are resolved, provided you give them the documents that they need in a timely manner. It’s actually a much better alternative to having your application rejected.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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