2023 Ultimate RFE Guide: RFE Sample and Response Cover Letter Template

The Ultimate RFE Guide: Navigating the Request for Evidence in [2023]

A Request for Evidence (RFE) General Introduction.

RFE is a Request for Evidence given by USCIS.

You will be required to supply missing documentation to confirm that you are eligible for the immigration benefits you are pursuing.

Get more information on how to respond to an RFE. Includes a cover letter template.

A Request For Evidence, or “RFE” for short, is a documented requirement to supply missing or complementary information or files to USCIS.

In the event you get an RFE, it just implies: 

• That your failure to supply the required documentation at the time of submission of your application, or
• That USCIS requires more evidence to make a decision on your case.  

Getting an RFE is not a cause for panic, nor does it imply that your application has been denied.

Request for Evidence (RFE) General Introduction

The RFE is a request from the USCIS for additional information or documentation related to an individual’s I-485 application for permanent residence. It is important to note that an RFE does not mean that the application has been denied. It simply means that the USCIS needs more information in order to make a decision.

Why does receiving RFE mean a bad sign for your application

Receiving an RFE for an I-485 application for permanent residence can be stressful and may be seen as a bad sign by some individuals. While an RFE does not necessarily mean that the application will be denied, it does indicate that the USCIS needs more information or documentation in order to make a decision. This can cause delays in the processing of the application and may lead to uncertainty and anxiety for the applicant. Additionally, it is important to note that if an applicant fails to respond to the RFE, the application will be denied. 

Getting an RFE may be considered a good indication. 

On the other hand, receiving an RFE does indicate that the USCIS is actively reviewing the application and considering it for approval. An RFE is a request for additional information or documentation that the USCIS needs in order to make a decision rather than a denial of the application. Therefore, if an applicant is able to provide the requested information or documentation in a timely manner, it may increase the chances of the application being approved. 

Thus, the fact that you got an RFE implies that you are qualified for the immigration benefits you requested, yet your documentation is missing something ( normally minor), and USCIS just requires documentation verification of certain areas of your application before granting it. 

It is important for an applicant to closely review the RFE and provide the requested information or documentation as quickly as possible to avoid any further delays or potential denial of the application.

As soon as an RFE is filed, USCIS stops to process your application till the deadline for your answer or response has gone by.

What is in the RFE Letter, and Why am I Get It?

The RFE letter is likely to be messy and ambiguous.

It is normally filled with legalese and cites certain immigration legal provisions.

Nevertheless, read the RFE letter slowly and pose questions at this point; you do not comprehend it. 

Please ensure that you understand the following:

• What is the problem with your application?
• Why does USCIS require more details?
• How do you get the document to fulfill USCIS requirements? and
• How long do you have to handle it?

Keep in mind that you will just have one opportunity to reply to the RFE letter. 

Not responding or presenting the required information or documentation might lead to the denial of your application. 

An I-485 RFE Sample of 2023

An RFE typically includes three main parts: the reason for the RFE, the specific information or documentation that is needed, and the deadline for submitting the requested information. The first part, “Why we are writing you,” explains the reason for the RFE and the specific issues or discrepancies that the USCIS has identified in the application. The second part, “What you need to do,” lists the specific information or documentation that is needed to address the issues or discrepancies identified in the first part. The third part, “When you need to do it,” specifies the deadline for submitting the requested information or documentation.

Why We Are Writing You

In this sample, the first part, “Why We Are Writing you,” USCIS mentioned:

On March 24, 2022, you submitted your Form I-485. We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.

This is mainly explained why USCIS issued you the RFE and what this RFE is about. We can tell from this example the RFE is for I-485 and not for I-130.

What You Need to Do

In this sample, the second part, “What You Need to Do,” USCIS mentioned:

You must provide the following information in order for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response.

You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor. We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must:

• Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
• Provide the petitioning sponsor’s Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size for the petitioning sponsor on Form 1-864.
• Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the I-864 instructions for complete information.

The petitioning sponsor, on Form 1-864, Affidavit of Support, must submit a complete Federal income tax return submitted to the Internal Revenue Service (IRS) for the most recent tax year. If they submit a transcript, it must be a “Tax Return Transcript” from the IRS.

If they were not required to file a Federal income tax return under U.S. tax law, attach a written explanation of why they were not required to file. See “Filing Requirements” in the IRS Form 1040 Filing Instructions to determine whether they were required to file.

The petitioning sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Submit evidence of the petitioning sponsor current income. Such evidence should include:

• Pay stubs or other documentation of pay for the previous 6 months.
• Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)
• Letter of employment containing the following:
• Dates of employment
• Nature of the job
• Yearly salary earned
• Number of hours per week worked
• Prospects for future employment and advancement

Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioning sponsor,must submit all supporting tax documents for the most recent tax year.

You have submitted Form I-864, Affidavit of Support, from the joint sponsor,We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must:

• Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date.
• Provide the joint sponsor’s Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size for the joint sponsor on Form I-864.
• Submit a complete copy of the joint sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year.
• Submit evidence of the joint sponsor’s status as a United States citizen, United States National, or Lawful Permanent Resident

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information.

For this part of RFE, USCIS will explain to you what document they recommend you submit. During the RFE in this example, we need to provide the sponsor and joint sponsor the document to prove their current income on Form I-864 is sufficient and evidence to support such a claim.

When You Need To Do It

You must submit the requested information by December 10, 2022. You must either mail the requested information to the address shown below or scan and upload your response using your USCIS online account (if applicable).

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit. We will not consider any evidence that is submitted after the due date.

If you do not respond to this request by the date shown above, we will deny your case.

If you submit a document in any language other than English, you must provide: (1) a copy of the original document in its foreign language; and (2) a full English translation of the document. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English.

We strongly recommend you keep a copy of all documents that you submit to USCIS in response to this request.

For this part of RFE, USCIS provides the following important tips regarding the RFE response:

• Submit the requested information by the date specified in the RFE, which in this case is December 10, 2022.
• Submit all the requested evidence at one time and make sure to use the correct method of submission, which can be either by mail or by scanning and uploading the response using your USCIS online account (if applicable).
• Do not submit only part of the evidence, as the USCIS will decide based on the evidence you submit and will not consider any evidence submitted after the due date.
• Respond to the RFE by the date specified. Otherwise, the case will be denied.
• If submitting any document in a foreign language, provide both a copy of the original document and a full English translation, with the translator certifying that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English.
• Keep a copy of all the documents submitted to USCIS in response to the RFE for your record.

All RFEs include the same general information:

USCIS Scanning Code

At the upper part of the letter, you are going to discover a scan code. 

This code is utilized by USCIS to track your RFE letter and documents. 

When you return the required RFE files, USCIS also scans the letter, so USCIS requires that you present the RFE letter along with the documents you filed.

Information Regarding Your Application

In general, the initial or second paragraph outlines your application, the forms you are presenting, the persons involved, and the benefits claimed. 

Use this information to check whether USCIS is thinking about the appropriate benefits or forms.

Provisions of the Immigration Law

On most occasions, your RFE will summarize U.S. immigration law in the way it relates to your application and the documents being required. 

Comprehending the law, particularly immigration law, is likely to be difficult. 

In the event you have any problems, you should likely devote time to studying your legal problems or get in touch with an immigration attorney.

Evidence You Presented

Your RFE may lay out the documents that you initially presented with your application. 

You have to carefully check this part to see whether the documents you did present were omitted by USCIS. 

Check this part to determine if you are required to present further documents that may support the petition under consideration.

Request for evidence

The RFE will then list the documents requested by USCIS. 

This letter is likely to cover the purpose of asking for these documents. 

It is likely to provide an explanation of where you are able to get the required documents. 

It is also likely to inform you of what documents should be presented in the event that the required documents are not available or cannot be acquired. 

Application Deadline and Location of RFE Mailing

Your RFE usually provides you with a date by which you have to respond. 

This deadline is generally between 30 and 90 days; however, it has been possible to meet it for as long as 120 days. 

Missing the deadline for an RFE response can have serious consequences for an I-485 application for permanent residence. 

The USCIS will not consider any information or documentation submitted after the deadline, and failure to respond to an RFE can result in the denial of the application. 

It is crucial for an applicant to closely monitor the deadline and ensure that all requested information and documentation is submitted on time.

In case I get an RFE letter, what do I need to do?

In the event you get an RFE letter, the one and only thing you ought to do is. Don’t panic!

Keep in mind that because USCIS has the right to reject your application, not even to send an RFE letter, the fact that you got the letter is useful and positive. 

USCIS is offering you a chance to make up for the shortcomings in your application. 

Three Methods of handling the RFE

You will be able to reply to RFE letters in three manners:

1. You can respond to all questions in the RFE Letter

As you are adhering to your RFE, present all required documents in one envelope. 

Don’t overlook attaching a copy of the initial RFE letter you received. 

You have to also write a cover letter justifying the documents you presented and why. 

This gives USCIS all the information they require to make a beneficial determination.

2. You are able to respond RFE partially

Part of the response implies:

• You presented certain claimed documents but did not present other documents, or 
• The documents you present are not the same as those required. 

This is likely to be problematic since USCIS will not be able to get all the documents to decide in your favor. 

We recommend that you only give a partial reply in the event that you are unable to get the required documents.

In the event that this is the case, a cover letter from USCIS that contains the following:

• Indicates that the requested document is not available;
• Show USCIS what you have done to try to get unobtainable documents;
• Request more time for USCIS to get the requested documents (if appropriate); and
• Let USCIS know what documents you have presented in lieu of unavailable documents and why.

In the event that you present documents in addition to those that were specifically required in the RFE, the examining officer may, at his or her discretion, consider those documents, although he or she is not bound to do so.

USCIS will treat a part of the reply as a requirement to consider your application in light of the evidence submitted. 

3. You are able to Decline to Respond

A denied reply implies that you have not responded to your RFE. 

USCIS will treat this as a request to retract your application. 

If you select Respond, the Steps to Undertake.

In the event you select to respond or partially respond, please make the following:

• Have a copy of the RFE letter made for your record.
• Review your RFE letter carefully to ensure you appreciate the following:
  • What is the problem with your application?
  • Why is USCIS requesting more details?
  • How do you adhere to USCIS requirements? And
  • How long do you need to keep to it?
• Start collecting the required documents right away. (Don’t leave it until your deadline is approaching.) Ensure that all your documents are in English or translated into English.
• As soon as you get all the required documents, write a cover letter informing USCIS of the following:
  • Your explanation of why you received the RFE letter;
  • Your comprehension of the requested documents;
  • What documents do you have access to;
  • If any files are lacking, why are you not able to get all the required files? What files, if available, will you send in their place, and why.
• Keep a copy of your cover letter and all documents for your record;
• In a single (and just one) envelope, place the items in the following sequence:
  • The USCIS RFE letter should be above;
  • Your cover letter should be next; 
  • All documents you present to USCIS should comply with. 
• Send the envelope to the USCIS address supplied in your RFE letter.

What Occurs after I Reply to an RFE Letter?

As soon as USCIS sends an RFE letter, treatment of your petition will halt.

USCIS will keep processing your application when USCIS gets an answer from you or when the deadline in the letter has lapsed. 

Can I Get Multiple RFE Letters?

Although U.S. immigration policy suggests that just one RFE letter be given, in some cases, two or even three letters are given for a single application. 

However, these situations are exceptional ones.

What Happens When I Do Not Respond to an RFE Letter?

In the event that you do not reply to the RFE letter at all, USCIS will view this as a revocation of your application. 

Your application will be refused for one of the following three reasons:

• Deny the application as waiving;
• Deny the application in light of the evidence in the record; or
• Deny the application for both causes.

How Much Time will it Take for USCIS to Handle my RFE?

USCIS does not have a fixed amount of time to finish processing your application and respond to you. 

In this case, USCIS is unwilling to supply a fixed timeline. 

The reasons for this are obvious. 

For example, it is easier for USCIS to examine an RFE letter that requires only a photocopy of a passport page than an RFE letter that requires many documents to demonstrate a genuine family relationship. 

As with all USCIS forms, applications, and petitions, many elements affect the processing time. 

These factors may involve the following:

• The present immigration policy of making first decisions on certain types of applications;
• Whether you presented all required documents with your initial application; or 
• If your application is refused, whether it is being examined by a USCIS supervisor.

However, normally, you should anticipate getting a final determination in 60 days. 

You are able to keep track of the status of your application by using the Case Status Tracking Tool on the USCIS website. 

USCIS’ online case status will indicate whether USCIS has accepted your RFE.

In the event that you do not get a final determination in the 90 days following the response to your RFE letter, you may wish to get in touch with the USCIS Contact Center online or call 1-800-375-5273.

RFE Cover Letter Template

You are able to locate an RFE cover letter template listed below. 

Nevertheless, remember that no two cover letters will be identical. 

Every letter will have its own set of requirements and a set list of documents to supply. 

Let me show you an RFE Cover Letter based on our example RFE above:

Dear USCIS Officer,

I am writing in response to your Request for Evidence dated [insert RFE date] regarding my Form I-485 application for permanent residence. I understand that you need additional information from me in order to make a decision on my case. I have carefully read your RFE letter and have included a copy of all pages of this letter with my response.

You have requested that I provide the following information in order for you to make a final decision on my case:

• A completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
• The petitioning sponsor’s Social Security Number on Form I-864.
• A complete and correctly calculated household size for the petitioning sponsor on Form I-864.
• A complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.
• Evidence of the petitioning sponsor’s current income, such as pay stubs or other documentation of pay for the previous 6 months, evidence of other income, letter of employment, and all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

I am pleased to inform you that I have obtained and am enclosing the following with this response:

• A completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages are present and of the latest edition date.
• The petitioning sponsor’s Social Security Number on Form I-864.
• A complete and correctly calculated household size for the petitioning sponsor on Form I-864.
• A complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.
• Pay stubs or other documentation of pay for the previous 6 months as evidence of the petitioning sponsor’s current income.
• Evidence of other income such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099) as evidence of the petitioning sponsor’s current income.
• Letter of employment containing the following:
  • Dates of employment
  • Nature of the job
  • Yearly salary earned
  • Number of hours per week worked
  • Prospects for future employment and advancement
• All supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

I have also obtained and am enclosing the following with this response in regards to the Joint sponsor:

• A completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date.
• The joint sponsor’s Social Security Number on Form I-864.
• A complete and correctly calculated household size for the joint sponsor on Form I-864.
• A complete copy of the joint sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return for the most recent tax year.
• Evidence of the joint sponsor’s status as a United States citizen, such as a copy of their birth certificate, passport, or naturalization certificate.

I assure you that all the information and documents provided in this response are true and accurate to the best of my knowledge. I understand the importance of this matter and have taken all necessary steps to provide the requested information in a timely manner.

Thank you for your time and consideration. I look forward to your positive response on my case.

Sincerely, 

[Your Name] 

[Your Address] 

[Your Phone Number] 

[Your Email Address]

How can I Prevent Getting an RFE in the Initial Stage?

There are a couple of causes why USCIS may send an RFE letter.

In accordance with USCIS, there are the tips regarding USCIS filing in order to prevent the RFE from the first place:

1. Gather all necessary documentation before submitting the application. This includes forms, proof of eligibility, financial documents, and supporting evidence.
2. Review the application and supporting documents thoroughly before submitting them to ensure that all required information is included and that the information is accurate and up-to-date.
3. Make sure that all forms are filled out completely and accurately and that all required signatures are provided.
4. Include all relevant supporting documents, such as birth certificates, marriage certificates, and proof of employment or income.
5. Follow all instructions provided by the United States Citizenship and Immigration Services (USCIS) on the application form and on the USCIS website.
6. Make sure to submit the application with the correct fee and to pay the fee on time.
7. Be sure to keep copies of all documents and correspondence related to your application for your records.
8. It’s important to be aware of the filing instructions and specific requirements for the form you are submitting.
9. If you are unsure about any part of the application process, consider consulting an immigration lawyer or a qualified immigration professional for help.