Request for Initial Evidence Was Sent—What Happens Next?
Understand what a Request for Initial Evidence means, how to respond effectively, and what it could indicate about your immigration case.
Receiving a notice titled Request for Initial Evidence, or RFE, from U.S. Citizenship and Immigration Services can be concerning for applicants navigating the immigration system. This notice indicates that the agency requires additional information or documentation before it can make a decision on an application or petition. While not a denial, an RFE signals that the submitted materials were insufficient to establish eligibility, making a timely and complete response crucial.
Reasons for the Request
U.S. Citizenship and Immigration Services issues a Request for Evidence when an application lacks the necessary information for an officer to determine eligibility for the requested immigration benefit. It signifies that the evidence provided does not sufficiently meet the requirements outlined in the form instructions or relevant regulations.
An RFE might be triggered if required initial evidence, such as a birth certificate, proof of financial support, or documentation specific to the visa category, was missing, incomplete, or illegible. Inconsistencies between different documents or unclear information can also prompt a request for clarification. If the submitted materials fail to adequately demonstrate that the applicant meets key eligibility criteria — like proving a genuine marriage for a spousal visa or meeting income thresholds for financial sponsorship — USCIS will request the specific proof needed. The RFE notice itself, typically Form I-797E, identifies the requirements not yet met and explains why the evidence was insufficient, guiding the applicant on what additional information is necessary.1USCIS. Chapter 6 – Evidence
Documents Commonly Requested
The specific documents requested in an RFE (Form I-797E) depend entirely on the type of immigration application filed and the particular deficiencies identified by the reviewing officer. There is no standard list, as each request is tailored to the individual case.
Frequently requested items involve proof of identity, legal status, relationships, or financial stability. Vital records like birth, marriage, or divorce certificates may be requested if initial copies were missing, unclear, or not the required version (e.g., needing a “long-form” birth certificate). If official documents are unavailable per U.S. Department of State guidelines, USCIS may ask for secondary evidence, like affidavits or school records, plus proof of the original document’s unavailability.2USCIS. Chapter 6 – Evidence For those applying to adjust their status within the U.S., proof of lawful entry, such as a clear copy of an I-94 Arrival/Departure Record, might be needed.
In family-based cases, especially those involving marriage, RFEs often seek stronger evidence of a genuine, or “bona fide,” relationship entered into for reasons other than immigration. Beyond the marriage certificate, this can include documents showing shared finances (joint bank accounts, tax returns), cohabitation (leases, utility bills in both names), joint ownership of property, photos together over time, or statements from friends and family confirming the relationship’s authenticity.3USCIS. Chapter 6 – Evidence
Financial documentation is another common focus, particularly for Form I-864, Affidavit of Support, used in most family-based cases to show the applicant is unlikely to become reliant on public assistance. RFEs might ask for the sponsor’s most recent federal income tax transcripts from the IRS, W-2s, or 1099s.4CitizenPath. Affidavit of Support Questions – Form I-864 If relying on current income, recent pay stubs and an employment verification letter could be required. If using assets, proof of ownership, value, and location (like bank statements or appraisals) is necessary. Evidence of the sponsor’s U.S. status (birth certificate, passport, or green card) is also fundamental.
For employment-based petitions, like the H-1B visa for specialized workers, RFEs often question whether the job meets the criteria for a “specialty occupation”—requiring theoretical and practical application of specialized knowledge and typically a bachelor’s degree or higher in that field.5Imagility. Top 10 Reasons for H-1B RFEs and How to Avoid Them Evidence could include detailed job descriptions or proof that similar industry roles require such a degree. Demonstrating a valid employer-employee relationship, showing the petitioner controls the worker’s tasks (especially for off-site work), may require contracts or work itineraries. Proof of the applicant’s qualifications, like degree evaluations showing U.S. equivalency, might also be requested.
Submission Methods and Deadlines
The Request for Evidence notice provides specific instructions on how and where to submit the response, along with a firm deadline. Following these instructions precisely is essential. The response must be mailed to the address specified in the RFE notice, not other USCIS addresses. Applicants are required to include the original RFE notice (often on colored paper) on top of their submitted evidence package to ensure it is correctly matched to the pending case.6USCIS. Chapter 6 – Evidence
A clear deadline is stated in the RFE notice. Federal regulations allow USCIS to set response times, typically ranging from 30 to 84 days, though the maximum allowed is 12 weeks.7USCIS. Chapter 6 – Evidence This deadline is the date by which USCIS must receive the response, not the postmark date. Mailing the package well before the deadline, using a service with tracking and delivery confirmation, is strongly recommended to document timely receipt.
USCIS policy generally requires submitting all requested evidence in one complete package. Submitting only some items is considered a partial response, and according to regulations (found in Title 8 of the Code of Federal Regulations), this usually prompts USCIS to make a decision based on the record as it stands.8USCIS. Chapter 6 – Evidence The agency typically does not issue follow-up requests if the response is incomplete, nor does it accept evidence mailed separately after the main package is sent, even if before the deadline.
For applications filed online, USCIS may offer the option to respond to an RFE electronically through the applicant’s online account. The RFE notice will appear in the account, and a feature allows uploading scanned documents. Even with online submission, the principle of a single, complete response generally applies. Certain items, like original documents or sealed medical exams (Form I-693), usually cannot be submitted online and must be mailed according to the RFE instructions.
Consequences of Incomplete Evidence
Failing to provide all the information requested in an RFE carries serious risks. An RFE is issued because the initial submission lacked sufficient evidence to prove eligibility. If the response does not include all requested items, USCIS considers it a partial response.
Under federal regulations, a partial response prompts the agency to make a final decision based on the evidence on file at that time – the original submission plus whatever partial evidence was provided. Since the RFE was issued precisely because that record was insufficient, submitting an incomplete response rarely resolves the underlying issues.
The most likely outcome of an incomplete RFE response is the denial of the application or petition.9USCIS. Chapter 6 – Evidence USCIS policy generally states that failure to submit requested evidence is grounds for denial. The agency typically does not issue a second RFE. The adjudicator will make a final decision based on the incomplete file, concluding that the applicant or petitioner did not meet their burden of proof to establish eligibility for the immigration benefit sought. A denial notice will explain the reasons for the adverse decision based on the insufficient evidence.
Options for Requesting More Time
Applicants should generally not expect to receive an extension for responding to a Request for Evidence. USCIS policy and regulations emphasize adherence to the deadline specified in the RFE notice (Form I-797E). This deadline indicates the date by which USCIS must receive the requested materials.
While regulations allow USCIS flexibility in setting response times, up to a maximum of 12 weeks, they also state that additional time beyond this maximum cannot be granted. The deadline provided in the RFE is typically firm.
Although USCIS implemented temporary flexibilities allowing extra response time during the COVID-19 pandemic (from March 2020 to March 23, 2023), these measures have expired.10American Immigration Lawyers Association. Reminder: USCIS Extends Flexibilities for Responding to Agency Requests Until 3/23/23 For any RFE dated after March 23, 2023, the deadline stated in the notice must be met without expectation of an automatic grace period.
Under current standard procedures, there is no formal process to request or obtain an extension for an RFE response. Applicants are expected to gather and submit all required evidence by the specified date. Planning to meet the original deadline is the necessary course of action.