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USCIS often issues Requests for Evidence (RFEs). RFEs are formal notices with specific deadlines for responding. If you receive an RFE, it is imperative that you respond effectively and within its due date.
What is the USCIS Request For Evidence?
A Request for Evidence (RFE) is a notice issued by the U.S. Citizenship and Immigration Services (USCIS) when an immigration application lacks sufficient documentation or information. It allows the applicant to provide additional evidence to support their case. This is preferable to an outright denial for missing the required initial evidence.
An RFE does not mean the application is denied; it’s an opportunity to address gaps or missing documents. The applicant typically has a specified deadline to respond, which can lead to denial. The USCIS reviews the additional evidence to decide whether to approve or deny the application.
How Long Does It Take USCIS to Make a Decision After RFE?
After receiving a response to a Request for Evidence (RFE), the U.S. Citizenship and Immigration Services (USCIS) generally decides in 60 to 90 days. However, processing times can vary based on the complexity of the case and the current USCIS workload.
This timeline is not guaranteed, and it may take longer in some cases. The clock for processing an application pauses while waiting for the RFE response and resumes once the evidence is submitted. If the USCIS deems the response sufficient, they will approve or deny the application.
If additional information is still needed, further requests or denial may follow. Applicants can check their case status online or contact USCIS for updates during the waiting period.
Missing Evidence or Incomplete Supporting Documents
Sometimes, the USCIS officer reviewing your case will need more evidence and documents or evidence from you if he or she deems insufficient proof in your application or petition. This often happens due to insufficient submission on either side of the application/petition process.
RFEs will contain clear instructions regarding what documents or additional evidence is required and provide you with a deadline by which to respond – missing this deadline usually results in denial.
Proof of Bona Fide Marriage (for Spousal Visas)
USCIS wants to make sure that couples applying for marriage-based green cards have genuine relationships; this goes beyond providing evidence of their wedding certificate; other forms of evidence supporting that claim must also be submitted, such as:
- Factual testimony from family
- Neighbors
- Religious leaders
- Coworkers
Affidavits from such individuals could include trips they have taken together, activities shared, or any other evidence confirming their love and devotion. Note that USCIS will raise red flags if a married couple does not live together, which will require very strong evidence for USCIS to agree that you are creating a life together.
Missing Police Clearance or Background Checks
Family sponsorship in the US involves providing extensive documentation and evidence. Sponsors must pass background checks as well as satisfy minimum income requirements.
If any of this information is lacking, USCIS will send out a Request for Evidence or RFE notifying you they require more proof before making their decision on your immigration petition. This often causes significant delays in processing.
An RFE will provide you with a deadline by which you must respond to it. Failure to do so could result in denying your application for various immigration benefits. USCIS officers may issue an Intent to Deny Notice (NOID) instead, which indicates they intend to reject your application because you did not provide enough convincing proof you meet its eligibility criteria.
Errors or Omissions in Forms Submitted
As part of your application package, be certain to submit a response that is as accurate as possible. Incorrectly filling out forms or providing irrelevant data could result in delays and rejection, so it is critical that you read and follow all guidelines while collecting sufficient documentation for all family relationships.
For instance, spousal petitions should include marriage certificates and photos of couples together. At the same time, child sponsorship requires birth certificates, adoption records, financial documents, and affidavits from acquaintances that can verify their legitimacy.
USCIS determines in its RFE cover letter which documents are missing or must be submitted, along with a deadline for response. It’s best to submit one response that fully satisfies both parts of their RFE request.
Responding with incorrect or incomplete information to an RFE almost guarantees its denial. However, avoiding these common blunders in your application can greatly increase your odds of success in the immigrant visa process. Explore more about the differences between fiancé(e) and spousal visas.