Common RFEs in Marriage-Based Petitions

Common RFEs in Marriage-Based Petitions

When you apply for a marriage-based green card (Form I-130 and/or Form I-485), you might receive an RFE, which stands for Request for Evidence. An RFE means that U.S. Citizenship and Immigration Services (USCIS) needs more information before making a decision on your case. Don’t panic—RFEs are common and can usually be handled with the right preparation. Let’s go through the most common RFEs in marriage-based petitions and how you can avoid or fix them.

1. Proof of a Bona Fide Marriage

Why this matters: USCIS needs to confirm that your marriage is real—not just for immigration benefits.

Common RFE reasons:

  • Insufficient joint documents (like bank accounts or leases).
  • Lack of photos together.
  • No evidence of living together.

How to avoid/fix:

  • Submit joint bank statements, shared leases/mortgages, utility bills with both names, insurance policies, and photos showing you together with family and friends at different events.
  • Include letters from family and friends who know you as a real couple (called affidavits).

2. Missing or Unclear Marriage Certificate

Why this matters: USCIS needs a valid legal record of your marriage.

Common RFE reasons:

  • Marriage certificate is missing.
  • Certificate is not in English and no translation is provided.
  • Certificate is unofficial or not properly certified.

How to avoid/fix:

  • Provide a clear, official copy of your marriage certificate.
  • If it’s in a foreign language, include a certified English translation.
  • Make sure the document is readable and includes all seals or stamps.

3. Incomplete Forms or Missing Signatures

Why this matters: USCIS requires properly completed and signed forms.

Common RFE reasons:

  • Missing signatures on Form I-130, Form I-485, or supporting documents.
  • Incomplete sections or blank answers without explanations.

 

How to avoid/ fix

  • Double-check every form before submitting.
  • Write "N/A" (Not Applicable) where a question doesn’t apply.
  • Always sign where required. Missing a signature can lead to delays or rejections.

4. Insufficient Financial Evidence (Form I-864 Affidavit of Support)

Why this matters: You must show that the sponsoring spouse can financially support the immigrant.

Common RFE reasons:

  • Missing or incomplete Form I-864.
  • Not enough income to meet poverty guidelines.
  • Missing tax returns, W-2s, or recent pay stubs.

How to avoid/fix:

  • Submit a complete Form I-864 with:
  • The most recent tax returns.
  • W-2s or 1099s.
  • Recent pay stubs.
  • Employment verification letter, if possible.
  • If the sponsoring spouse doesn’t make enough, include a joint sponsor.
  • Helpful Fact: The sponsor must typically show income at 125% of the Federal Poverty Guidelines for their household size. 


5. Divorce Decrees or Proof of Termination of Prior Marriages

Why this matters: USCIS needs proof that both spouses were free to marry each other.

Common RFE reasons:

  • Missing divorce decrees from previous marriages.
  • Missing death certificates if a previous spouse died.

How to avoid/fix

  • Provide certified copies of all prior divorce judgments or death certificates.
  • Include translations if the documents are in a different language.

6. Medical Examination Issues (Form I-693)

Why this matters: A medical exam is required for green card applicants.

Common RFE reasons:

  • Missing Form I-693.
  • Outdated medical exam (valid for only 2 years).
  • Form not signed properly by the doctor.

How to avoid/fix:

  • Schedule your exam with a USCIS-designated civil surgeon.
  • Submit a sealed envelope of the medical report.
  • Check expiration dates if submitting after a delay.

7. Criminal History or Immigration Violations

Why this matters: USCIS checks for any disqualifying issues.

  • Common RFE reasons:
  • Disclosure of arrests without providing court dispositions.
  • Past immigration violations not explained.

How to avoid/fix:

  • Disclose all arrests or citations, even minor ones.
  • Submit certified court documents showing the final outcome.
  • If charges were dropped, provide proof.
  • Explain immigration violations with supporting documents or legal arguments.

8. Evidence of Legal Entry (for Adjustment of Status Cases)

Why this matters: To adjust status inside the U.S., you must show you entered legally.

Common RFE reasons:

  • Missing I-94 arrival/departure record.
  • No proof of lawful visa entry.

How to avoid/fix:

  • Provide a copy of your I-94 record (available online at https://i94.cbp.dhs.gov).
  • Include copies of your visa and passport entry stamp.

RFEs in Marriage Based Petitions Final Thoughts

RFEs are a common part of the marriage-based green card process and do not mean your case will be denied. They simply mean USCIS needs more information to approve your application. Being prepared, organized, and honest as well as working with an experienced immigration attorney can prevent most RFEs or make it easy to respond quickly.

If you receive an RFE or want help preparing your marriage-based petition the right way from the start, schedule a strategy session with us here: https://sisulegal.com/pages/booking-immigration-law-windsor-troy.

 

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