K1 Avoiding RFE
(RFE) Request for Evidence
Depending on if you are planning to apply for the K1 Visa or a Spouse Visa RFE and 221(g) are the same.
Avoiding RFE – Request For Evidence or a 221(g).
This page covers RFE Request for Evidence if it’s not properly handled could lead to a denial.
This covers K1 – CR1 – IR1 – K3 – Adjustment of Status green card 2 years and 10-year green card. RFE Request for Evidence.
Sent to the sponsor:
An RFE Request for Evidence is a letter that is normally sent out to the US Sponsor “IF” USCIS the US Department of State or the US Department of Homeland Security have a reason to believe something is missing or incomplete?
Other reasons could be sending wrong forms, or incorrectly answering questions, forgotten signatures, using expired forms, or any one of a hundred other reasons could get you an RFE.
RFE Allotted time:
Normally you have 60 days to give USCIS or the US Consulate what they are requesting?
If you ignore the RFE Request for Evidence within 60 days your case will be considered abandoned and the case closed with a “DENIAL”.
US Embassy Interview RFE Request for Evidence:
If your spouse of fiance attends their interview, they could receive an RFE which is better than receiving a “DENIAL”.
An RFE is at least giving you a chance to salvage your case in hopes that it will be approved?
Sometimes it’s something simple something right in front of your face and at times it can be something that may take time digging up and if you can’t produce anything, then it may be the end of the road for you?
US Embassy Approved or Denied:
Often times we have had K1 applicants attend their interview, and in the end, they didn’t even know if they were approved or denied?
Though it is rare with our clients, we have had some contact us after their interview saying am I denied or approved?
In years gone past interviewers were not always saying approved, but more so now, they are saying things like congratulations, you’re approved, or welcome to America.
If you finish you’re interview and at least are sent home without your passport in hand, this usually means that the interview went well, because if they don’t give your passport back it means they are keeping it to put your visa inside.
Another indication would be if they hand you a sheet of paper asking you to register your delivery address.
Since 2003 FilAm can honestly tell you that we have never had, not one of our applicants denied their visa during the interview.
We have had some get an RFE Request for Evidence letter at the interview also known as 221(g) explaining to them what is missing and what needs to be sent back into the embassy.
Then we’ve have had some applicants who faced some really tough interviewers with raised voices and a bit of doubt at the time, but still gave an approval.
221(g) – Applications Pending Further Action Section 221(g) – Hold. Refusal under Section 221(g) means
that essential information is missing from an application or that an application has been placed on administrative hold.
And then theirs the scammer applicants who don’t ever go to the interview some even ditch their medical exams, but tell the sponsor and us that they where approved, all this in an effort to keep milking the sponsor for every drop they can.
As a sponsor, always ask for proof of medical receipt, DS-3025 Vaccination Documentation worksheet, Brown sealed envelope and the CD/X-ray.
Interview proof would be a US Embassy Visa packet and the Visa itself.
Embassy Interview Denial:
If your fiance or spouse attend their embassy interview and are questioned multiple times, missing vital information or documents, records anything that’s routinely required at the interview, then oftentimes an RFE may be issued.
If they are questioned multiple times and either caught lying or producing wrong answers or may be unsure of their own answers, then this is a big problem with interviewers and therefore a “DENIAL” is given.
Yes at this point they’ll give your passport back to you and tell you that we’re denying you then send you home and it’s all over.
Adjustment of Status – Removing Condition – Renew or Replacing.
Adjustment of Status RFE and Denials:
RFE Request for Evidence covers getting your first 2 years conditional resident card and getting your 10 permanent resident card known as the “Green Card” if you’re missing documents or something as simple as forgetting a signature.
RFE’s are often times issued out especially to “do-it-yourselfers”. In our opinion adjusting status is a much bigger deal than filing a petition for alien fiancee or spouse!
First of all the amount of paperwork added together with all of the records, documents and supporting proof is just simply huge!
Getting an RFE for this process, it may be safe to say happens more often than during the visa process?
For us, denials on this part haven’t been an issue as much as just getting an RFE Request for Evidence for missing documents mostly pertaining to self-employed sponsor’s tax records.
But when they call you in for a husband-wife interview, the process requires some questioning to see if the couple’s answers match up, and they like to see plenty of proof of a bonafide marriage, cohabiting together, co-mingling bills, joint accounts all of this just to mention a few.
Other Denials can be at your medical exam.
RFE Request for Evidence is not a part of the medical.
This goes for K1, K2. K3, K4 – CR1, CR2, – IR1, IR2 Applicants.
All applicants no matter what your visa class must first attend a medical exam at St. Luke’s Medical Center, if you reside in the Philippines.
Normally a medical at St. Luke’s is taking two days to complete. Day one is lots of questioning and head to toe check-up.
Probably the number one reason to get denied the chance to even attend your interview is confessing to your medical examiner is drug use.
I’m not talking about prescribed medication or over the counter drugs, rather drugs off the street!
The bad stuff! If you used any it better had happened at least 15 years ago or longer! Or else a denial on the spot.
For anyone who hasn’t touched any in 15 years or longer, you will be put through drug testing.
Most likely anyone who has used drugs in their past, been married but annulled, has scars that appear to be suicide attempt scars, will be sent usually for one week to have Psychological Evaluations done.
“IF” you can’t pass, then you will be “DENIED”.
Tuberculosis – Tuberculin skin test:
Everyone regardless of age must undergo a chest x-ray. The medical examiner wants to make sure the patient’s lungs are clear?
If they see anything at all in you’re lungs, they will ask you to cancel your embassy interview appointment and give you a date to come in for sputum testing.
Unfortunately, many applicants have no signs of a cough, nor a history of TB yet they get held back for this and if it happens to you, expect no less than 8 weeks for the results to come back.
More often than none they come back negative, but if it comes back positive, you will have to get treatment by St. Luke’s ever day until your cleared up if you want to continue the visa process?
Or else be “DENIED”.
Below are a number of reasons to receive an RFE Request for Evidence:
Any of the below items that are missing in the I-129F petition could lead to USCIS sending you an RFE in the mail.
Any of the below missing during the K1 Visa interview could send you home with a 221(g).
• Wrong documents
• Expired documents
• Couples photos
• Wedding photos
• Joint co-mingling bills
• Cohabiting proof
• Insufficient income
• Tax records
• W-2 Statements
• Checking account statements
• Savings Account Statements
• Assets supporting proof
• Death certificate
• Annulment certificate
• Civil status certificate
• National police record
• International police record
• Incorrect birth certificate
• Passport biographic page
• Passport visa pages
• Passport style photos
• Certificate of name change
• Documents of other names used
• Missing signature
• Signature on wrong line
• Chat logs
• Social network proof
• Postal letters
• Phone bill records
• Trip receipts
• Financial support receipts
• Parental consent
• Marriage broker disclosure
• Non-IMBRA proof
• Criminal records
• Translation sheet
• Vaccination records
• Check or money order