What is a Request for Evidence (RFE)?
If you’re applying for a visa or green card in the U.S., you might receive a Request for Evidence (RFE) from USCIS, asking for more documents or information to support your application. While an RFE doesn’t mean your application will be denied, it can delay the process, so it’s important to know how to avoid or respond to one.
Why Does USCIS Issue an RFE?
An RFE is simply a request for more information or evidence. USCIS sends an official notice, known as Form I-797E if they need more documents to decide on your application. This doesn’t mean your case is doomed, but you must provide the requested evidence to keep the process moving.
Key Points to Remember
- Respond on time: Always meet the deadline mentioned in the RFE notice.
- Submit everything in one package: If multiple documents are requested, send them all together.
- Missing the deadline can lead to denial: USCIS will decide based on the information they have if you miss the response deadline.
How to Avoid Getting an RFE
To avoid delays and the possibility of an RFE, it’s best to submit a complete and thorough application. Here are some common reasons RFEs are issued, and how you can prevent them:
1. Missing Required Documents
If you forget to submit the necessary documents, USCIS will issue an RFE. Always double-check that you have provided everything required for your specific visa application, whether it’s a marriage-based green card, a K-1 fiancé visa, or an H-1B work visa.
2. Insufficient Proof of Financial Support
For many visa types, you must prove you can financially support the applicant. Here’s how:
- Family-based visas (e.g., marriage-based green card or K-1 fiancé visa): The U.S. sponsor must show they can meet the income requirement (usually 125% of the federal poverty line).
- Employment-based visas (e.g., H-1B): The employer must show they can pay the applicant’s wage.
3. Proof of Legal Entry or Status
If you’re already in the U.S. (like when adjusting your status or transferring an H-1B visa), you need to prove legal entry or maintain legal status, typically by providing your I-94 or stamped passport.
4. Missing Document Translations
Documents in a foreign language need to be accompanied by a certified English translation. The translator must provide a statement confirming the accuracy of the translation.
5. Specific Evidence for Your Visa Type
Each visa has its own set of required documents. Be sure to provide all necessary category-specific evidence. For example:
- H-1B: Detailed job descriptions and evidence of your qualifications.
- K-1: Proof of your relationship and intent to marry.
- Employment-based Green Cards: Evidence of work experience and skills.
6. Unusual Cases
If your case has any complexities (like a gap in employment or a previous visa denial), provide additional explanations or evidence upfront.
What to Expect When You Receive an RFE
USCIS uses clear guidelines when reviewing your application. If they need more information, they’ll send an RFE outlining:
- Facts: Basic details about your application.
- Law: The relevant laws for your case.
- Evidence Submitted: A list of documents you’ve already provided.
- Evidence Lacking: The missing documents or information needed.
- Deadline: The timeframe for submitting your response.
How to Respond to an RFE
Once you receive an RFE, follow these steps:
- Carefully read the entire RFE notice to understand what’s required.
- Check your original application package to see if you’ve already submitted the requested documents.
- Prepare your response package: Include the original RFE notice, all requested documents, and any explanations for missing documents.
- Write a cover letter listing all the documents you are submitting, ideally in bullet points.
- Submit your response on time: Ensure USCIS receives your response by the deadline.
Common Mistakes to Avoid
- Missing documents or deadlines: Double-check everything before submission and track your response to ensure timely delivery.
- Sending separate mailings: USCIS prefers that you send all requested documents together in one package.
Organizing Your RFE Response
To make your response easier to navigate for USCIS, consider:
- Creating a cover letter and table of contents for complex responses.
- Labeling and tabbing documents with numbered tabs.
- Highlighting key information and adding explanatory notes where necessary.
Timeline and Next Steps After Your RFE Response
After submitting your response, USCIS will typically take 60+ days to review your case. You can track your case status online using your receipt number. The possible outcomes are:
- Approval: If everything is in order, you will receive an approval notice.
- Denial: If your case is denied, you’ll get a notice explaining the reasons and potential next steps.
- Second RFE: In rare cases, USCIS may request additional information again.
Impact of RFEs on Processing Times
An RFE can add several months to your application processing time:
- USCIS gives you 30-90 days to respond to the RFE.
- After receiving your response, USCIS may take an additional 60+ days to make a decision.
- Expect total delays of about 3-5 months due to an RFE.
Frequently Asked Questions About RFEs
Does an RFE mean my application will be denied?
No, an RFE is just a request for more information. A well-prepared response can still lead to approval.
Can I get an extension on the RFE deadline?
Generally, no. Extensions are rarely granted by USCIS.
What if I can’t provide a requested document?
Explain why it’s unavailable and provide any alternative evidence.
Can I submit more evidence after responding to an RFE?
USCIS typically only considers evidence submitted with your initial RFE response.
Proactively addressing common RFE triggers, like providing sufficient evidence of your relationship, financial stability, and legal status, can help you avoid delays and improve your chances of a successful application. Stay organized, meet all deadlines, and treat the RFE process as an opportunity to strengthen your case.
By following these tips, you can help ensure your application moves smoothly through the process without unnecessary delays.
