What Is RFE
RFE stands for Request for Evidence. It's a formal notice from USCIS stating that your application or petition is incomplete and requires additional documentation before a decision can be made. USCIS sends an RFE when the evidence in your file doesn't fully support approval under the relevant visa category or green card process.
When USCIS Issues an RFE
USCIS typically issues an RFE for specific reasons tied to visa categories and green card eligibility:
- Employment-based petitions lack proof of job availability or labor certification documentation.
- Family-based cases need evidence of the relationship (birth certificates, marriage licenses, proof of cohabitation).
- Adjustment of status cases require missing medical exams (Form I-693), police clearances, or financial support affidavits (Form I-864).
- Consular processing cases need passport copies, birth certificates, or completed forms like the DS-260.
- Visa overstays or prior immigration violations require explanations and supporting documents.
- Priority date verification for employment-based categories requires Labor Certification or I-140 documentation.
RFE Deadlines and Response
You typically have 12 months from the RFE issue date to respond, though USCIS may specify a shorter deadline in the notice itself. This is significantly different from a NOID (Notice of Intent to Deny), which indicates USCIS is leaning toward denial. An RFE is simply a request for missing pieces. If you don't respond by the deadline, USCIS will deny your application or petition without further notice.
Submit your response directly to USCIS using the address listed in the RFE notice. Include a cover letter that references your case number and explains what documents you're submitting.
What Documents to Gather
- Original documents or certified copies (birth certificates, marriage certificates, divorce decrees).
- Government-issued identification or passport copies.
- Medical examination results if Form I-693 is requested.
- Police certificates from all countries where you've lived for more than 6 months.
- Financial documents (tax returns, pay stubs, bank statements) for Form I-864 sponsorship.
- Employment verification letters on company letterhead with job title, salary, and dates of employment.
- Translated documents if originals are in a language other than English (include translator certification).
Common Questions
- Does an RFE mean my application will be denied? No. An RFE means USCIS needs clarification or missing documents. Many applications approved after RFE responses. Respond thoroughly and on time to maximize approval chances.
- Can I submit additional documents beyond what USCIS requested? Yes. You can submit extra supporting evidence that strengthens your case, such as additional letters of recommendation or employment records, even if not explicitly requested.
- What's the difference between an RFE and a NOID? An RFE requests missing evidence. A NOID indicates USCIS has reviewed everything and is preparing to deny your case unless you provide evidence addressing their concerns.