Request For Evidence in Marriage Green Card Cases

The pursuit of a marriage green card is a common pathway for foreign nationals seeking to establish permanent residence in the United States. This process allows the spouse of a U.S. citizen or lawful permanent resident to live and work anywhere in the U.S. without restrictions. However, the journey towards obtaining this coveted status can be complex and may involve several stages of scrutiny by the U.S. Citizenship and Immigration Services (USCIS), including the issuance of a Request for Evidence (RFE). At Kriezelman Burton & Associates, LLC, our team of talented and experienced immigration attorneys has successfully handled countless marriage green card cases, including those with RFEs. We are dedicated to providing aggressive and professional representation, ensuring that our client’s rights are protected throughout the process.

What is a Request for Evidence (RFE)?

A Request for Evidence (RFE) is a formal notice issued by USCIS when more information is needed to determine the eligibility of a foreign national for immigration benefits. In marriage green card cases, an RFE may be issued if USCIS finds that the initial evidence provided by the applicant is insufficient to establish a bona fide marriage or to prove other eligibility criteria.

Why might an RFE be issued in a marriage green card case?

There are many reasons why USCIS may issue an RFE in a marriage green card case, including:

• Lack of documentation: If the initial application does not include sufficient evidence to prove the validity of the marriage or other eligibility criteria
• Inconsistencies or discrepancies: If there are inconsistencies between the statements of the spouses or if the information provided does not match official records
• Suspected fraud: If USCIS has reason to believe that the marriage is not genuine and was entered into solely for the purpose of obtaining immigration benefits

Responding to An RFE

Receiving an RFE should not be a cause for panic, but it certainly requires immediate attention. The recipient typically has 87 days to respond. It is crucial to review the original application package and provide the requested evidence listed in the RFE. If certain evidence cannot be provided, a clear explanation should be given. All requested evidence should be submitted together in one response package, as failure to respond can result in the denial of the application.

When responding to an RFE, certain best practices can increase the likelihood of success. These include providing enough evidence to address USCIS’s concerns, answering all questions clearly and directly, and addressing any inconsistencies in the initial application. It is advisable to organize the response in a clear and concise manner, provide a cover letter that addresses each request made in the RFE, and seek the assistance of an experienced immigration attorney to ensure a thorough and accurate response.

How can our team help with an RFE?

If you receive an RFE, it is important to respond promptly and thoroughly. Our experienced attorneys at Kriezelman Burton & Associates, LLC can assist in gathering additional evidence and preparing a comprehensive response to the RFE. We will work closely with you to ensure that all necessary documents and information are provided, increasing the chances of a successful outcome.

Get In Touch With Us

An RFE is a critical component of the Marriage Green Card process. It serves as an opportunity for the applicant to supplement their case with additional evidence, thereby increasing the likelihood of approval. While the issuance of an RFE can initially be daunting, understanding its purpose and knowing how to respond effectively can significantly enhance the chances of a positive outcome. For further guidance on this matter, consider seeking the counsel of a seasoned immigration attorney. Contact Kriezelman Burton & Associates, LLC for help.