HERMAN LEGAL GROUP — Immigration Lawyers Serving Families Nationwide
Quick Answer Box
If you receive a Request for Evidence (RFE) from USCIS, don’t panic.
An RFE is not a denial—it’s a second chance to strengthen your case.
What to Do Immediately:
- Read the RFE carefully and note the deadline (usually 87 days).
- Create a checklist of the documents requested.
- Gather and organize every piece of evidence.
- Answer every deficiency listed in the ‘Evidence Lacking’ section of the RFE.
- Send your response early (certified mail or upload via your USCIS account).
- Keep a complete copy for your records.
For expert assistance, contact the Herman Legal Group to prepare a thorough and persuasive RFE response. Consulting with an immigration attorney before submitting a response to an RFE is highly advisable.
Introduction: What an RFE Means — and Why You Shouldn’t Panic
Receiving an RFE after filing a marriage-based green card application can feel discouraging, but it’s more common than you might think.
Every year, thousands of couples receive RFEs because USCIS needs clarification, updated documentation, or stronger proof of a bona fide marriage. Documentation of cohabitation, such as lease agreements or joint ownership of property, is often requested as evidence in these cases.
Quick Insight:
An RFE simply means the officer cannot yet approve your case based on the initial submission. It’s your opportunity to clarify, complete, or expand your evidence — not a sign of denial.
When handled correctly, your RFE response can convert a pending case into an approval.
Why USCIS Sends an RFE in Marriage Green Card Cases
Common reasons include:
- Missing or incomplete Form I-864 Affidavit of Support or supporting tax documents.
- Insufficient proof of a bona fide marriage.
- Expired or missing Form I-693 medical exam.
- Inconsistent testimony at an interview.
- Errors or omissions on Form I-485 or Form I-130.
See the USCIS RFE Policy Manual for official adjudication guidance.
The Most Common Reasons USCIS Issues Marriage-Based RFEs — and How to Overcome Them
1. I-864 Sponsor Ineligibility or Missing Financial Evidence
If the sponsoring spouse’s income doesn’t meet 125% of the federal poverty line, USCIS will issue an RFE.
How to Fix It:
- Include IRS tax transcripts, W-2s, pay stubs, and employment letters.
- Add a joint sponsor using Form I-864A.
- Submit proof of assets (e.g., savings, real estate).
Important Note:
If the petitioner is self-employed, attach full business tax returns and other evidence of business ownership.
2. Criminal History or Security Flags
If either spouse has an arrest or conviction, USCIS may ask for certified court records or additional evidence.
How to Fix It:
- Obtain certified court dispositions and police clearance letters.
- Provide legal briefs explaining that the offense does not trigger inadmissibility.
- If it does, submit Form I-601 Waiver of Inadmissibility or Form I-212 Permission to Reapply.
Expert Tip:
A hardship letter and psychological evaluation can strengthen your I-601 waiver.
3. Birth Certificate or Identity Document Problems
Foreign birth certificates are sometimes unavailable or contain discrepancies.
How to Fix It:
- Provide certified translations and secondary proof, such as baptismal records or affidavits from relatives.
- Verify acceptable documents using the State Department Reciprocity Tables.
Quick Insight:
Late registration of birth is not fatal if supported by consistent documentation.
4. Post-Interview RFE for Additional “Bona Fide” Evidence
Sometimes officers request more proof after interviews — often because answers seemed inconsistent or evidence was weak.
How to Fix It:
- Submit updated photos, joint bank statements, new leases, insurance policies, or proof of shared travel.
- Include affidavits from family and friends attesting to your relationship.
- Photographs can be submitted as evidence to demonstrate a bona fide marriage when responding to an RFE.
- See I-130 Evidence Guide for examples.
5. Inconsistent Testimony or Timeline Discrepancies
USCIS compares your testimony with your documents. Conflicts can trigger suspicion. USCIS allows for the submission of additional evidence to strengthen a case even after a marriage-based green card application has been submitted.
How to Fix It:
- Provide a chronological timeline clarifying discrepancies.
- Attach written declarations explaining any confusion (e.g., name spelling, job start dates).
- Include corroborating proof (employment letters, travel itineraries).
6. Allegations of Fraud or Misrepresentation
If USCIS suspects that you misrepresented facts — for example, at a prior visa interview or border entry — it may issue an RFE under INA § 212(a)(6)(C)(i).
How to Fix It:
- Submit a sworn affidavit explaining the context and intent.
- Provide independent proof showing no deliberate deception.
- If necessary, file a Form I-601 Fraud Waiver supported by hardship evidence and psychological evaluations.
7. Minor Documentary Errors
RFEs are also issued for technical issues: unsigned forms, wrong editions, missing pages, or unclear scans.
How to Fix It:
- Re-download forms from the USCIS Forms Index and complete the current edition.
- Include certified translations and all required signatures.
How to Read Your RFE Notice Carefully
Your RFE contains:
- Case type and receipt number.
- List of missing or deficient items.
- Response deadline (typically 87 days).
- Submission method (mail or online).
Important Note:
Missing the deadline will result in automatic denial. Review examples at USCIS Responding to an RFE.
Steps to Take After Receiving the RFE
- Create a response checklist.
- Organize evidence into labeled sections.
- Draft a cover letter summarizing your response.
- Include the RFE notice on top.
- Submit early and track delivery.
Expert Tip:
Keep both printed and digital copies of your entire response packet.
For form guidance, see Form I-485 Instructions or the HLG Marriage Green Card Timeline Guide.
Building a Strong RFE Response Packet
Your response packet should include:
- Cover letter summarizing requested items.
- Copy of the RFE notice.
- Table of contents/exhibit list.
- Labeled evidence tabs (financial, marriage, identity, etc.).
- Certified translations if applicable.
Important Note:
A professional, well-organized packet demonstrates credibility and speeds review.
Common Mistakes That Cause RFE Denials
- Missing the deadline.
- Submitting incomplete or irrelevant evidence.
- Failing to sign documents.
- Not providing certified translations. Any document not in English must be accompanied by a certified translation.
For details, see 8 CFR § 103.2(b)(8).
When to Get Professional Help
Seek professional help if:
- You received a second RFE.
- Your spouse has a prior immigration violation.
- You suspect potential fraud allegations.
- You’re unsure how to organize evidence. Many immigration law firms offer dedicated services to assist clients with RFE responses.
- You received a second RFE.
- Your spouse has a prior immigration violation.
- You suspect potential fraud allegations.
- You’re unsure how to organize evidence.
Schedule a consultation with the Herman Legal Group.
Other reputable Ohio firms include Margaret W. Wong & Associates LLC, Robert Brown LLC, and Shihab & Associates.
What Happens After You Submit Your RFE Response
Most applicants hear back within 30–90 days.
You may receive an approval, interview notice, or denial.
Check your case online at USCIS Case Status.
Frequently Asked Questions (FAQ)
General Questions About RFEs
What is an RFE?
A Request for Evidence (RFE) is USCIS’s way of asking for more information. It’s not a denial.
Is getting an RFE a bad sign?
No. It’s common and often procedural.
How long do I have to respond?
Usually 87 days, but check the date on your notice.
Can I ask for an extension?
No, USCIS almost never grants extensions.
Can USCIS deny my case without an RFE?
Yes, if clearly ineligible or incomplete.
Evidence and Documentation
What documents should I include to prove my marriage?
Joint bank statements, leases, photos, insurance policies, and affidavits. See I-130 Evidence Guide.
My spouse’s income is too low. What should I do?
Use a joint sponsor with Form I-864A and include full financial documentation.
What if my birth certificate is missing?
Provide secondary evidence and affidavits. See the Reciprocity Tables.
Do I need to send originals?
No, copies are acceptable unless stated otherwise.
We live apart. Will that hurt my case?
Explain the reason (work, education, military) and provide proof of communication and visits.
Procedures and Deadlines
Can I respond online?
Yes, through your USCIS account if filed electronically.
Should I mail and upload?
No—choose one method only.
Where should I send my response?
The address printed on your RFE notice.
How do I know if USCIS got my response?
Your case status will update to “Response to RFE Received” on USCIS Case Status Online.
What if I miss the deadline?
USCIS will deny the case. You can file a Form I-290B Motion to Reopen if there was good cause.
Attorney and Legal Strategy
Do I need an attorney?
Not required, but highly advised. Complex or fraud-related RFEs benefit greatly from professional help.
What if my attorney retires or moves?
Submit a new Form G-28 for your new representative.
What if USCIS suspects fraud?
Provide detailed affidavits and a Form I-601 Waiver if needed.
Can I refile instead of appealing?
Yes, sometimes refiling is faster and stronger than appealing.
After You Respond
How long before I hear back?
Usually within 30–90 days.
Can USCIS issue another RFE?
Yes, though uncommon.
Does an RFE delay my interview?
Yes, typically by one to three months.
Can I work or travel while the RFE is pending?
You can work if your EAD is valid, but avoid travel until resolved.
What if I get a Notice of Intent to Deny (NOID)?
Respond immediately with a detailed legal rebuttal and additional proof.
How should I keep my records?
Keep both digital and printed copies—these will help with future filings such as I-751 or N-400. Always make backup copies of your records.
Expert Tip:
“Treat your RFE like a second interview. Your clarity, organization, and honesty can turn uncertainty into approval.” — Richard T. Herman, Esq.
Key Takeaways
- An RFE is not a denial—it’s a second chance.
- Respond by the deadline with complete, well-organized evidence.
- Always include a cover letter and the original RFE notice.
- Keep proof of mailing and copies of your entire packet.
- Seek professional help for complex or fraud-related RFEs.
- Track updates at USCIS Case Status Online.
When to Get Professional Help
If your case involves complex facts, previous denials, criminal issues, or allegations of fraud, you should seek immediate legal guidance. Experienced immigration attorneys can help you prepare a persuasive response and ensure compliance with USCIS procedures.
Schedule a consultation with the Herman Legal Group — a Cleveland-based immigration law firm serving clients nationwide for over 30 years.
For comparison, here are other reputable immigration law firms across Ohio:
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Margaret W. Wong & Associates LLC — One of Ohio’s largest immigration law firms, serving clients in Cleveland, Columbus, and Westerville.
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Robert Brown LLC — A respected Cleveland and Columbus-based firm with decades of experience in family and employment immigration.
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Shihab & Associates, LLC — Full-service immigration practice with offices in Columbus and Dublin, focusing on complex USCIS and consular filings.
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Porter Law Office, LLC — A boutique immigration practice in Columbus offering personalized representation for family and business immigration.
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Bartell, Georgalas & Juarez, L.P.A. — Located in Independence and Columbus, serving clients across Ohio in removal defense, visas, and immigrant rights.
Expert Tip:
Hiring an attorney who regularly handles USCIS RFEs can make the difference between denial and approval. A skilled lawyer will identify weaknesses in your case, compile targeted evidence, and communicate with USCIS in precise, persuasive language.
Resource Directory & Table of Authorities
- 8 CFR §103.2(b)(8) — USCIS RFE Authority (https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103)
- USCIS Policy Manual, Vol. 1, Pt. E, Ch. 6 (https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-6)
- I-485 Instructions (https://www.uscis.gov/i-485)
- I-864 Affidavit of Support (https://www.uscis.gov/i-864)
- I-864A Joint Sponsor (https://www.uscis.gov/i-864a)
- I-601 Waiver (https://www.uscis.gov/i-601)
- I-212 Permission to Reapply (https://www.uscis.gov/i-212)
- I-290B Appeal/Motion (https://www.uscis.gov/i-290b)
- AR-11 Change of Address (https://www.uscis.gov/ar-11)
- Case Tracker (https://egov.uscis.gov/casestatus/landing.do)
- Herman Legal Group Consultation (https://www.lawfirm4immigrants.com/book-consultation/)
