It means that the USCIS officer reviewing your application needs more information before he or she can make a decision. Think of an RFE as a second chance to review your application and ensure that you have provided the most compelling evidence that your marriage is real , and that you or your spouse are eligible for a marriage-based green card. It is very important that you respond to the Request for Evidence and provide as much of the requested evidence as possible by the deadline indicated on the notice.
If your RFE requests more than one document, you have to send everything together in one response packet. Learn more , or get started now! Even though an RFE does not necessarily mean that your application will be denied, it will always result in additional delays. In most but not all cases, RFEs can be avoided with a thoroughly prepared application.
In general, RFEs are sent any time the USCIS officer reviewing your application needs more information—but there are a few specific reasons that are especially common:.
When applying for a marriage-based green card, the U. Failing to provide enough documentation to prove sufficient income is a common reason for RFEs. You can see our handy guide to find out if you meet the financial support requirements. If the spouse seeking a green card is already within the United States, you must prove that he or she entered the United States legally.
If you arrived in the United States by plane or boat before April , you got a paper I In that case, getting a copy of your I online is relatively easy. If any of your documents are in a language other than English, you must provide a translation made by someone other than you or your spouse.
These translations have to be certified, which just means that the translator must certify in writing that he or she has translated the document accurately. If there are any unusual aspects of your case, provide additional explanations or evidence to pre-empt questions from USCIS. USCIS will need the original RFE to scan and process your response upon submission, and if you fail to include the original it will delay the processing time.
Next, write a cover letter that outlines the contents of your response packet. If you have included additional evidence that was not explicitly requested, be sure to explain why you chose to include it and how it may impact your application. Make a copy of the cover letter and store it with the copy of Form IE in your records. Note that this may be different than the address that you originally sent your application to, and it may be different than the return address listed on the envelope when you received the RFE by mail.
Send your response packet by priority mail with delivery confirmation so that you have proof that you complied with the submission deadline. Immigration Law Basics. Getting a Visa, Green Card or Asylum. Getting a Green Card. Becoming a U. Family Sponsors Petitioning for Immigrants. Employers Sponsoring Immigrant Workers.
How to Get a Green Card. See All Immigration Law Articles. Related Products More. The original copy of the RFE should be the first page of your response. Next, it is a good idea to include a cover letter that lists all the information that the USCIS officer reviewing your response will find in your RFE response packet. You should list the enclosed evidence in the order in which you include it so that it is easy for the USCIS reviewing officer to locate the documents when handling your case.
You must send your response to this address and not to any other USCIS address you may have previously mailed documents to.
This may cause them to deny your application. It is also a good idea to choose a shipping service with tracking for the same reason. If there is any question about whether you submitted the requested evidence on time, you want to be able to have proof. There are three different RFE response types - a full response, a partial response, or no response. You should make it your goal to go above and beyond the evidence USCIS requests so that you don't risk any further problems with your application.
If it is not possible to get all of the evidence you need, you should submit a partial response to USCIS. If possible, you should Include evidence that proves the requested evidence is unavailable with your explanation. A partial response indicates to USCIS that you would like them to make a decision on your case with the evidence that is available to them at the time. If you are worried that the missing evidence will cause USCIS to deny your application, you can withdraw your application without a penalty.
If you choose not to respond, or if you are unable to before the due date, USCIS will do one of two things:. RFEs can be tricky. If you have any questions while replying to one, it would be a good idea to speak with an experienced immigration lawyer. You can find one, often at low or no cost, by using the USA. The best way to avoid an RFE is to submit a great application. We can help you prepare your immigration application for free with our web app. RFEs can be complicated, but working with a good immigration attorney can make it easier.
If you can't afford the attorney fees and don't want to handle your immigration case alone, we may be able to help. If you are eligible , our free web app will walk you through the process and help you prepare and file your application with the U. Click "Get Started" to see how we can help make your American dream come true!
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