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So, you are at the stage of your USCIS journey where you have received an RFE (Request of Evidence). Now what?
Many types of evidence can be requested in an RFE USCIS, and it is vital to get started on gathering everything you need as soon as possible. The last thing you want is to delay your case any further.
Here at Kasturi Law LLC, a Naperville IL immigration attorney can help you compile some of the evidence you will be asked to produce and respond to the RFE. Let us look at some of the different kinds of evidence you need and some tips on how to get it.
Proof of Relationship
Suppose you have been asked for evidence of your relationship. In that case, USCIS is essentially asking for proof that you and the person you petition for are actually in a valid connection. This could be in photos, social media messages, emails, or even letters.
If you are in a long-distance relationship, make sure you have plenty of evidence to show you have a genuine connection. This could include plane tickets to visit each other or even photos of your zoom calls or facetime.
If you are in a relationship (e.g, marriage), then USCIS will want to see evidence that you are able to financially support your partner. This could include bank statements, pay stubs, or tax returns.
Generally speaking, you must show that you earn more than 125% of the poverty line to petition for your partner.
If you petition for an employment-based visa, you will need to provide evidence of your job offer or contract. This could include a letter from your employer or a copy of your job offer.
Regarding employment-based visas, it is also essential to show that you have the required skills and experience for the job. This could be in the form of a resume or even letters of recommendation from previous employers.
If you petition for an educational visa, you will need to provide evidence of your enrollment in an accredited institution. This could include a copy of your I-20 form, transcripts from your school, and proof of your educational qualifications. This could consist of diplomas or even letters from your university.
It is also essential to show that you have the required English language skills for an educational visa. This could be in the form of a TOEFL score or even a letter from a language school.
Evidence of Intent To Return
If you petition for a temporary visa, then USCIS will want to see evidence that you have ties to your home country and intend to return after your stay in the United States. This could include property ownership, family ties, or even a job offer from your home country. Purchasing a round-trip ticket can also help demonstrate your ties to your home country.
Evidence of Good Moral Character
If you have a criminal record, you must provide evidence of your rehabilitation and good moral character. This could include court records, certified dispositions, letters from probation officers, police reports, or even letters from community leaders.
Previous Visa Denials
If you have been previously denied a visa, then USCIS will want to see evidence of why your current application should be approved. This could include changes in circumstances, new evidence, or even a letter from an immigration attorney.
Medical Examination Results
If you petition for a family member, you will need to provide evidence of their medical examination results. This could include things like vaccinations, TB test results, or x-rays.
If you petition for a spouse, you must provide evidence of your marriage. This could include a copy of your marriage certificate or even wedding photos.
If you petition for a child, you will need to provide their birth certificate ( birth certificates that the U.S. Department of State accepts for the county where the beneficiary was born9see reciprocity schedule from the Department of State) as evidence. You may also need additional documentation, such as adoption papers or proof of legal guardianship.
These are just some of the different types of evidence that USCIS may require in an RFE. It is important to remember that each case is unique, so you will need to provide whatever evidence is specific to your situation.
Responding completely to the questions raised by the RFE is essential. Failure to adequately respond can result in the denial of the case and second RFE. This stage of the case is very crucial, and responses to RFEs should be taken very seriously.
If you have any questions about what evidence you need to provide, then you should speak to an experienced immigration attorney in Naperville. They can help you gather everything you need and prepare your case for success.