The Most Frequent RFE Triggers in Family-Based Immigration Cases
When families pursue immigration benefits through sponsorship, the process can feel overwhelming. U.S. Citizenship and Immigration Services (USCIS) carefully reviews every application, and even minor issues can lead to a Request for Evidence (RFE). Receiving an RFE does not mean your case is denied, but it does mean additional information is required before USCIS can move forward.
At Sharma Law Associates, LLC, our New York immigration attorneys help families anticipate common RFE triggers and prepare strong petitions to minimize delays.
What is an RFE?
A Request for Evidence is an official notice from USCIS asking for more documents or clarification to support your immigration petition. RFEs often arise because the initial filing was incomplete, unclear, or did not fully meet USCIS requirements. While an RFE can extend processing time, it also provides an opportunity to strengthen your case with more comprehensive information. Responding thoroughly and within the deadline is critical to avoid denials.
Missing or Insufficient Relationship Evidence
One of the most common RFE triggers in family-based cases is a lack of convincing documentation proving the family relationship. USCIS requires detailed proof to ensure that marriages, parent-child relationships, or sibling connections are legitimate and not fraudulent.
For example:
Marriage-based petitions often require more than a marriage certificate. USCIS may ask for evidence such as joint leases, shared bank accounts, or photographs demonstrating a genuine relationship.
Parent-child petitions may require birth certificates, adoption records, or proof of custody to verify eligibility.
Sibling petitions often need birth certificates showing shared parents.
If USCIS finds that the submitted documents are inconsistent or insufficient, an RFE is likely.
Financial Sponsorship Issues
Every family-based immigration case requires proof that the sponsor has the financial ability to support the immigrant relative and prevent them from becoming a public charge. The Affidavit of Support (Form I-864) is central to this requirement.
Common financial RFE triggers include:
Missing or outdated tax returns.
Failure to provide W-2s, pay stubs, or employment letters.
Income below the federal poverty guidelines.
Sponsors may need to provide joint sponsors or additional financial documents to satisfy USCIS.
Incomplete or Incorrect Forms
Even small mistakes on USCIS forms can result in an RFE. Missing signatures, unchecked boxes, or incomplete answers can raise questions about the accuracy of a petition. Because family-based cases involve multiple forms, such as Form I-130 and Form I-485, there are many opportunities for errors. Careful review before submission helps prevent this problem.
Discrepancies in Applicant History
Inconsistencies between an applicant’s immigration history, prior filings, or personal records can also trigger an RFE. Examples include mismatched dates of entry, prior overstays, or conflicting information about marital status. USCIS may request clarification or additional documents to reconcile the differences.
How to Avoid RFEs in Family-Based Cases
The best way to avoid RFEs is to prepare a complete, well-documented petition from the start. This means gathering thorough evidence of family relationships, providing updated financial documents, and carefully reviewing all forms for accuracy. Working with an experienced immigration attorney ensures these details are handled properly, reducing the chance of delays.
Speak With a New York Immigration Attorney Today
While RFEs are common, they can be stressful and slow down family reunification. At Sharma Law Associates, LLC, we help families avoid the most frequent triggers and respond effectively if an RFE is issued. Contact our office at 646-921-6630, reach out online, or schedule a personalized consultation on our calendar to protect your case and keep your immigration process on track.
