What Happens If USCIS Requests More Evidence (RFE)?

What Is a USCIS Request for Evidence?

A Request for Evidence, commonly referred to as an RFE, is an official notice issued by USCIS when the agency determines that additional information is required before it can adjudicate an application or petition.

An RFE does not mean your case has been denied. Instead, it means that USCIS:

• Needs more supporting documentation.
• Requires clarification about facts in your application.
• Wants updated evidence.
• Has identified inconsistencies.
• Needs proof that you meet all eligibility requirements.

The RFE notice will explain:

1. 1What documents are missing.
2. 2Why is the evidence necessary.
3. 3Where to send the response.
4. 4The deadline to respond.

Why USCIS Issues Requests for Evidence

USCIS officers review thousands of applications every month. Even a minor omission can lead to an RFE.

Common Reasons for RFEs

Missing Civil Documents

• Birth certificates
• Marriage certificates
• Divorce judgments
• Adoption decrees
• Passport pages

Insufficient Financial Evidence

• IRS tax transcripts
• W-2s
• Pay stubs
• Employment verification letters

Lack of Proof of a Bona Fide Marriage

• Joint bank accounts
• Insurance policies
• Lease agreements
• Photos together
• Travel records

Incomplete Medical Examination: Issues involving Form I-693 are common.

Criminal History: USCIS may request certified court dispositions.

Translation Problems: Documents in another language must be accompanied by certified English translations.

Inconsistent Answers: Differences in dates, addresses, or prior immigration history often trigger RFEs.

Is an RFE Bad News?

No. Receiving an RFE does not mean that USCIS intends to deny your case. In fact, many applications are approved shortly after the requested evidence is submitted.

Think of an RFE as USCIS saying: "We need a little more information before we can approve your case."

What Happens After You Receive an RFE?

Step 1: Read the Notice Carefully — Every word matters.

Step 2: Identify Exactly What USCIS Is Requesting — Some RFEs are straightforward, while others involve complex legal issues.

Step 3: Gather Supporting Documents — Collect every requested item and any additional evidence that strengthens your case.

Step 4: Prepare a Detailed Response — A professional response package should include:

• Cover letter
• Copy of the RFE notice
• Organized exhibits
• Legal analysis, if appropriate

Step 5: Submit Before the Deadline — USCIS generally denies cases if the response is late.

Step 6: Wait for USCIS to Resume Processing — USCIS will review the response and issue a decision or another notice.

How Long Does USCIS Take After an RFE?

Processing times vary. Some applicants receive a decision within two to six weeks, while others may wait several months, depending on:

• The complexity of the case
• USCIS workload
• Security checks
• Service center location

Case Study #1: Marriage-Based Green Card

A U.S. citizen petitioned for his spouse. USCIS issued an RFE requesting more evidence that the marriage was genuine.

Evidence Submitted:

• Joint tax returns
• Lease agreement
• Joint bank statements
• Family photographs
• Affidavits from friends

Result: The couple received approval six weeks later.

Case Study #2: Naturalization Application

An applicant for citizenship received an RFE regarding a decades-old misdemeanor arrest.

Response: The applicant submitted certified court records and proof that all conditions were satisfied.

Result: USCIS approved the N-400 application.

Case Study #3: Affidavit of Support Deficiency

A green card applicant received an RFE because the petitioner's income was below the federal poverty guidelines.

Response: A joint sponsor was added, along with complete tax transcripts and proof of employment.

Result: The adjustment of status application was approved.

Common RFEs in Marriage-Based Green Card Cases

Marriage-based applications frequently receive RFEs requesting:

• Proof of cohabitation
• Joint financial accounts
• Insurance documents
• Utility bills
• Children's birth certificates
• Photos from family events
• Correspondence and messages

USCIS wants evidence that the marriage is real and not entered into solely for immigration purposes.

Common RFEs for Adjustment of Status

Adjustment applicants may receive RFEs involving:

• Medical exams
• Birth certificates
• I-864 financial support
• Proof of lawful entry
• Prior immigration records

Common RFEs for Citizenship Cases

Naturalization RFEs often focus on:

• Tax filing history
• Selective Service registration
• Child support obligations
• Criminal matters
• Trips outside the United States

Common RFEs for Asylum Cases

Asylum applicants may be asked for:

• Additional declarations
• Country conditions evidence
• Police reports
• Medical evaluations
• Witness statements

Common RFEs for U Visa Cases

USCIS may request:

• Updated Form I-918 Supplement B
• Medical and counseling records
• Police reports
• Evidence of substantial abuse

Common RFEs for I-601 and I-601A Waivers

Waiver RFEs often request:

• Medical records
• Financial documents
• Psychological evaluations
• Country condition reports
• Detailed hardship declarations

What If You Cannot Obtain the Requested Evidence?

If a document is unavailable, USCIS may accept secondary evidence. Examples include:

• Affidavits
• Religious records
• School records
• Government letters confirming non-availability

What Happens If You Miss the Deadline?

Failure to respond by the deadline will usually result in denial. Possible consequences:

• Loss of filing fees
• Need to refile
• Additional delays
• Potential accrual of unlawful presence

Can USCIS Deny My Case After an RFE Response?

Yes. If USCIS determines that the evidence is still insufficient or that you do not qualify for the immigration benefit, it may deny the case. This is why the response must be thorough, organized, and persuasive.

RFE vs. NOID

Request for Evidence (RFE): USCIS needs more information.

Notice of Intent to Deny (NOID): USCIS believes the case should be denied unless the applicant overcomes specific concerns.

A NOID is more serious than an RFE.

Tips for Responding to an RFE Successfully

1. 1Read the notice carefully.
2. 2Respond to every issue.
3. 3Organize evidence with tabs.
4. 4Include a detailed cover letter.
5. 5Provide translations.
6. 6Keep copies.
7. 7Use trackable delivery.
8. 8Work with an immigration attorney.

Mistakes to Avoid

• Ignoring the RFE.
• Sending an incomplete response.
• Missing the deadline.
• Providing untranslated documents.
• Submitting disorganized evidence.
• Assuming the issue is minor.

Example of a Strong RFE Response Package

A professional response may include:

• Attorney cover letter
• Table of contents
• Copy of the RFE notice
• USCIS barcode page
• Exhibit A through Exhibit H
• Legal memorandum
• Delivery confirmation

A well-structured response makes it easier for the USCIS officer to approve the case.

Why USCIS Issues More RFEs in Complex Cases

Certain applications involve heightened scrutiny, including:

• Prior immigration violations
• Criminal records
• Multiple marriages
• Income deficiencies
• Fraud concerns
• Inconsistent statements

In these cases, the quality of the response is especially important.

The Importance of Credibility

USCIS officers assess not only the documents submitted but also the overall credibility of the application. A complete and organized response demonstrates:

• Honesty
• Preparedness
• Attention to detail
• Legal eligibility

How an Attorney Can Strengthen Your Response

An experienced immigration lawyer can:

• Interpret the legal significance of the RFE.
• Identify weaknesses in the case.
• Gather persuasive evidence.
• Draft legal arguments.
• Ensure compliance with USCIS requirements.

Why Choose The Law Office of Todd Becraft?

The Law Office of Todd Becraft has been helping immigrants for over 30 years. Our office handles:

• Marriage-based green cards
• Family petitions
• Adjustment of status
• Naturalization
• Asylum
• U visas
• VAWA
• Waivers
• Deportation defense

We understand how to prepare comprehensive and persuasive responses to USCIS RFEs and Notices of Intent to Deny.

Frequently Asked Questions

Does an RFE mean my case is weak? Not necessarily. Many strong cases receive RFEs.

Can I respond on my own? Yes, but legal representation can improve your chances.

Can I include extra evidence? Yes, if it directly supports the requested issue.

Will USCIS process my case faster after I respond? Sometimes, but processing times vary.

Is an RFE better than a denial? Absolutely. It gives you an opportunity to fix problems before USCIS decides the case.

Final Thoughts

A USCIS Request for Evidence can be stressful, but it is often simply a request for additional information. With a timely, organized, and well-supported response, many applicants receive approvals and continue their path toward lawful status, permanent residence, or U.S. citizenship.

Do not panic. Treat the RFE seriously and respond strategically.

Contact The Law Office of Todd Becraft

If you have received a Request for Evidence from USCIS, let the experienced team at The Law Office of Todd Becraft help you prepare the strongest possible response.

Call 213-388-1821 today to schedule a confidential consultation. You may also email us at tb@becraftlaw.com.

Your immigration future is too important to leave to chance. Let us help you move forward with confidence.