Request for Initial Evidence; What is it & How to Respond

If you’re working through the immigration process and open your mail to find a Request for Evidence (RFE) or a Request for Initial Evidence (RFIE), it’s completely normal to feel worried or uncertain about what comes next. Many people, even with strong cases, receive a Request for Evidence from the United States Citizenship and Immigration Services (USCIS). This notice means that immigration officers require additional information or supporting evidence before they can fully evaluate your application – it doesn’t necessarily mean your case will be denied.

RFEs and RFIEs are common and simply part of how USCIS ensures cases are complete before making decisions. However, it’s essential to respond to them promptly and thoroughly so that your case can be evaluated accurately. Working with an immigration attorney is the best way to ensure that the requested evidence is sent and your file becomes complete. At Alonso & Alonso, our immigration lawyers are here to help you understand your request for initial evidence and gather the right materials to help you move your case forward.

Key Takeaways:

• An RFE is Not a Denial: A Request for Evidence (RFE) or a Request for Initial Evidence (RFIE) is an official notice from USCIS stating that your application is missing information or requires additional supporting evidence. It is a common part of the process and generally means your case is still being actively reviewed.
• Initial vs. Additional Evidence: A “Request for Initial Evidence” is typically for basic, missing documentation that should have been in the original application. A “Request for Evidence” usually seeks further clarification or stronger support for evidence you already submitted.
• Opportunity, Not a Setback: Receiving an RFE means USCIS is working on your file and giving you a direct opportunity to strengthen your case. Many immigration benefits are approved after a timely and careful response.
• Common Causes: Reasons for an RFE often include missing documents, unclear or outdated information, expired medical exams, insufficient proof of a relationship (for family-based forms like I-485 or I-130), or financial documentation gaps.
• The Response is Critical: Respond promptly and thoroughly by following all instructions in the notice. Key steps include noting the strict deadline, gathering all requested documents, organizing them clearly with a cover letter, making copies, and retaining proof of delivery.
• Seek Legal Counsel: Given the complexity and importance of the response, working with an experienced immigration attorney is highly recommended to ensure all requirements are met correctly, deadlines are not missed, and your case moves forward. Ignoring an RFE will typically lead to a denial.

What is a Request for Evidence (RFE)

A Request for Evidence is an official notice from USCIS letting you know that your immigration application is missing information or paperwork the government needs in order to make an informed decision. Think of an RFE as similar to a bank asking for more documents before deciding on your loan – it’s not a rejection, just a request for clarification or more proof.

When you’re dealing with the RFE, meaning your application requires more information, it’s essential to make sure you read the information carefully so you know exactly what you need to provide and when it must be sent by.

“Initial Evidence” vs. “Additional Evidence” in an RFE

A “request for initial evidence” usually happens when required items were not submitted with your original application. This type of RFE tells you that you’re missing basic documentation, such as a birth certificate or a marriage certificate. This is usually done early in the process before your case is reviewed in any meaningful way. A USCIS request for initial evidence is simply a routine way to ensure your case file is complete.

A “request for additional evidence” asks for extra information because what you already sent wasn’t clear or persuasive enough. You’ve technically sent the required documents, but USCIS wants more information.

For example, if you provided an employment verification letter for your Green Card application, but the letter didn’t include your job title or start date, USCIS might send an RFE asking for a more detailed letter or other evidence.

How to Read Your RFE

Knowing how to read the RFE ensures you respond with the exact information the officer is asking for. The heart of the RFE is usually the “Evidence Lacking” or “Missing Evidence” section. The United States Citizenship and Immigration Services officer will list the specific documents that are missing or require correction, such as a birth certificate without an English translation, an outdated medical form, or missing or confusing financial records.

Properly Preparing and Sending Your RFE Response

Thoroughly read the RFE to catch every request and instruction. Your RFE response package should clearly label every exhibit and respond properly and completely to all requested material. Keep delivery confirmation in case USCIS challenges the response deadline or claims that anything was missing from your submission.

If there’s a document or some type of evidence that you cannot produce and can only partially respond to the request for additional documents, an experienced immigration attorney can often help you compile supporting affidavits or assist in obtaining alternative evidence.

Is an RFE a Good Sign For Your Case?

If you’ve received a Request for Evidence, it’s normal to wonder, “Is RFE a good sign or a bad sign?” While getting extra questions from USCIS typically brings stress, an RFE isn’t a denial, and in most cases, it actually means things are moving in your favor.

The RFE notice means a USCIS officer is reviewing your immigration application, checking your required documentation, and requesting missing documents or more evidence before making a final decision. This is an opportunity, not a setback.

• The fact that you’re receiving an RFE is always better than receiving a denial
• Most often, the concern is simply that there was insufficient evidence or that something basic, like birth records or financial forms, was not included/already expired.
• By allowing you to submit revised forms, English translations, cover letters, and requested relevant documents, the RFE gives you a chance to keep your case active.
• Submitting evidence in a timely manner reassures the USCIS officer reviewing your file that you’re serious, careful, and organized in your response package.
• Many immigration benefits – adjustment of status, Green Cards, family visas – are still granted after a careful RFE response.

While an RFE may initially raise concerns, it actually provides you with another opportunity to submit what’s needed for approval.

The Most Common Reasons Why a Request for Evidence is Sent

Understanding the most common reasons an RFE is sent can make the process feel a little less overwhelming for you. Here’s why this can happen:

• Missing Documents: Evidence like birth certificates, proof of lawful entry, records of joint assets, or police reports was not included with your application and cover letter.
• Unclear or Incomplete Information: Important forms were only partially completed, information is outdated, or supporting documents lacked a detailed explanation.
• Expired Documents: Critical evidence, such as passports, visa records, I-94 cards, or medical exam forms, is no longer valid.
• Insufficient Proof of Relationship or Eligibility: There was not enough evidence submitted to clearly show your family relationship, bona fide marriage, residency, employer sponsorship, or category for a benefit or visa type.
• Medical Exam Issues: Form I-693 might be missing doctor signatures, up-to-date vaccinations, or portions entirely.
• Gaps in Financial Documentation: Affidavits of support or other financial statements lack recent tax returns, W-2s, detailed bank records, or supplemental proof.

The exact evidence needed will depend on the type of petition and what your specific case is lacking. Work with an attorney to ensure your Request for Evidence is completed properly.

How to Respond to a Request for Evidence (RFE)

Responding to an RFE from USCIS can be the deciding factor in whether your immigration process moves forward or not. Here are some of the steps you should take to make sure everything stays on track:

1. Read the Entire RFE Notice Carefully

The first thing you should do is read the notice carefully. Don’t panic just because you’ve received this notice. Make sure you understand exactly what the USCIS officer is requesting, and don’t overlook any important details.

2. Note the Deadline

Make a note of the deadline for submitting the additional documentation. This is just as important as knowing which evidence to submit. If you miss this deadline, it could jeopardize your entire application.

3. Gather All Requested Evidence

Gather all the requested documents listed in the RFE. If you’re unsure about anything that’s required, work with your lawyer to ensure you’re sending the correct information.

4. Organize Documents With a Cover Letter

Present your evidence clearly and professionally. A cover letter with bullet points indicating each requested item and explaining where the evidence can be found in your packet is extremely helpful for the officer reviewing your case.

5. Make Copies of Everything

Before sending your RFE response package, make copies of all the documents in the order you are sending them. You should have a copy of absolutely every piece of paper you’re sending.

6. Submit to the United States Citizenship and Immigration Services By the Deadline and With the Required Method

The notice should inform you of the submission deadline and provide instructions on how to submit the required information. Make sure you follow these directions exactly.

7. Keep Proof of Delivery

Save all tracking receipts, delivery confirmations, or portal submission receipts showing you responded on time. This will protect you if USCIS claims that your documents were not submitted or received on time.

Common Mistakes To Avoid When You Get a Notice For Missing Evidence or Insufficient Evidence

It’s important to know what to do and how to submit any additional evidence, but it’s just as important to be aware of certain mistakes you should avoid. Some common errors you could make include:

• Missing or ignoring the RFE deadline
• Sending incomplete responses or leaving out requested documents
• Not specifically responding to each issue USCIS highlights in the RFE notice
• Not grouping your materials clearly. Unorganized or unlabeled pages make the review much harder for the officer

In just about every case, it’s a good idea to speak with a qualified immigration attorney to ensure you’re responding correctly.

Tips for Responding to Requests For More Evidence

When responding to a request for evidence, it’s really important not to make mistakes. Here are some helpful tips to consider:

• Double-check the USCIS address or upload instructions before sending or submitting
• Use clear labels and page numbers to match each item in the Request for Evidence
• Do not staple documents together
• Confirm all foreign language documents have complete, signed English translations
• Include the original RFE notice with your documentation
• Ask an immigration attorney to look over your packet for clarity and completeness before submitting

These steps help prevent minor oversights and increase your chances of approval while avoiding delays.

What Happens if You Don’t Respond to a Request for Evidence?

If you don’t respond to a USCIS Request for Evidence or send in only a partial or late response, they will usually deny your immigration application without any further warning. Failing to provide the requested information essentially tells USCIS that you no longer wish to pursue your case or that you cannot prove your eligibility. It can also create extra complications for future petitions.

Special Considerations for Common Immigration Forms

When a request for initial evidence is sent, understanding the specific USCIS form requirements and the types of evidence that may be needed is essential for anyone navigating the immigration process. Below is an overview of what you can expect for some of the most common forms submitted to USCIS:

Form I-485 (Adjustment of Status)

I-485 applications are filed for adjustment of status. Most RFEs arise when the paperwork or evidence is incomplete, insufficient, expired, or questioned for authenticity. Often, you’ll have a request because of:

• Missing or Incomplete Identity Documents: No birth certificate, missing English translation, unclear parental data.
• Relationship Proof Not Strong Enough: This could be insufficient joint documents to prove a bona fide marriage. Examples include a lease/mortgage, insurance, and household bills.
• Unresolved Health Exam: Out-of-date or missing medical exam, or incomplete Form I-693 vaccination chart/court questions.
• Previous Immigration Records Missing: No copy of the entire I-94 (Arrival/Departure Record), SSN, or confusing or illegible lawful entry documentation.

Form I-765 (Work Authorization/EAD)

A request for initial or supplemental evidence sent for I-765 (work permit) can occur for several reasons:

• Proof of Pending or Approved Immigration Status: You could receive an RFE because of a missing Form I-485 receipt notice, no category stated on the form, or a supporting petition not clearly on record.
• Biometrics and Identity Confirmation: Missing passport-style photos, missing the proper form of ID
• Invalid Travel/Entry Document: No clear copy of Form I-94 Arrival/Departure Record

Form I-130 (Family Member/Marriage Sponsorship)

This establishes the qualifying relationship and forms the foundation for many I-485 applications. Evidence requested might include:

• Proof of U.S. petitioner’s status (citizen or lawful permanent resident)
• Documentation of family relationship, like a birth certificate, marriage certificate, and evidence of a bona fide relationship, such as bank accounts, leases, and children together
• If there are prior marriages, divorce judgments or death certificates are needed

Form I-140 (Employment-Based Green Card Petitions)

When you’re applying for employment-based Green Cards through Form I-140, you could be sent a request for:

• Labor Certification documentation (if needed)
• Proof that the employer can pay (Tax returns, bank statements for the company)
• Proof that the worker meets the education/work experience requirement (degrees, reference letters, credentials)

***While we can offer strategic advice and consulting, our team at Alonso & Alonso do not offer services for employment-based green card petitions***

Form I-751 (Petition to Remove Conditions on Residence)

This is used for individuals who have obtained a Green Card through marriage to remove conditions on their Green Card, typically transitioning from a 2-year to a 10-year one. Additional evidence requested after you submit your application often includes proof of an ongoing and legitimate marriage, such as joint mortgage documents, tax returns, utility bills, or showing that they have children together.

Form I-693 (Medical Exam and Vaccination Record)

This is required for various types of immigrant petitions. You may receive a request for further evidence if the documents are not complete or if the date on the document is too old, for example.

No matter what type of application or petition you’ve submitted, if you receive a request for evidence, don’t be alarmed. We know that it can be scary to receive, but an immigration lawyer can help you complete or supplement your case and move forward.

Why Getting Legal Help with Your RFE Matters – Contact Alonso & Alonso

Responding to a Request for Evidence on your own can be confusing, stressful, and easy to get wrong. When you work with an immigration attorney, you have someone to explain what USCIS wants, keep you organized, and make sure everything is sent in on time. We understand the importance of these requests and work efficiently to ensure you never miss a deadline.

Our firm has helped people through all kinds of immigration cases, and we know what works. Our entire staff speaks English and Spanish, and we remain sensitive to the different cultures and concerns throughout the process. If you have received a request for more evidence and are worried about how to handle it, let us help. Contact us today to schedule a free evaluation with an experienced immigration attorney.

RFE FAQs

What happens after a request for initial evidence was sent?

After a request for initial evidence was sent, you must collect and submit the documents or information USCIS has asked for by the deadline listed in the notice. Once they receive your response, a USCIS officer will review the new evidence along with your original application.

Is a request for initial evidence good or bad?

There’s no reason to assume that a request for initial evidence is a good thing or bad thing. It simply means that your application is likely incomplete in some way, and more information or a detailed explanation is required before further consideration can be given.

Does RFE mean rejection?

Receiving an RFE does not mean your petition is being rejected. Once you submit more information, USCIS can make its decision.

Does RFE mean approval?

While receiving an RFE isn’t a bad thing, there’s no guarantee that you will be approved after submitting the additional information requested. However, it can be a good sign that they want more information before making a decision.

What is the most common RFE?

The most common RFE usually involves missing or insufficient documentation, such as birth certificates, proof of lawful entry (like an I-94 record), marriage evidence, or financial support documents.

Is it normal to get an RFE?

Yes, it’s very normal. Many applicants receive an RFE at some point. An RFE is part of the standard review process and simply means USCIS needs more information before deciding, not that your case is in danger.

What is the difference between request for initial evidence and request for evidence?

A Request for Initial Evidence asks for items you should have sent in with your original application (like birth certificates or medical forms) that are completely missing. A general Request for Evidence often refers to situations where additional clarification or more support is needed for something you already included.

In reality, many people use these terms interchangeably, which can make these requests confusing for applicants.

What are the chances of getting approved after RFE?

Many cases get approved after responding to an RFE, as long as you send in all the requested documents and information before the deadline and you’re eligible for the specific visa type or benefit you’re applying for.