Request for Evidence

Should the USCIS need more information or additional documents then they will send you a Request for Evidence. This is a formal notice that you will need to file additional documents. This can be for any US visa. This could be the K-1, K-3, IR-1, and CR-1 visa. We have explained all of this below. You will note that we have added the most common issue when it comes to the RFE or request for information.

When you applied for a K1 visa Thailand or Thai fiancée visa, this was to take your Thai fiancée back to the US to get married. You will have 90 days to get married once back in the United States. Now when it comes to the request for information with a K1 visa application. The following would more likely than not be the issues.

Insufficient Proof of a Bona Fide Relationship:

You will need to check your photo file and there appears to be a shortage of photos showing you together. The proof of meeting is not prominent enough. You have to prove that you have met at least once in two years before the application. Most common issues tend to be where you have the same clothing on in all the photos. Even if you have only met once, you will meet each other on other days as well during the course of the meeting.

Secondly you did not provide enough proof that you have communicated with each other enough. You are going to need to provide proof of a genuine relationship which involves showing consistent communication. Likewise, this can be through emails, chat logs, phone records, or social media interactions. Lack of sufficient communication proof can result in an RFE.

Thirdly there are the most common issue being incomplete or inaccurate forms which have been completed. Most errors occur at the start with the filing of the Form I-129F. The most errors or omissions on Form I-129F cause the problems. These are such issues as the incorrect dates or missing information. You will receive an RFE on this alone.

As you will know the K-3 visa from Thailand is designed for your Thai wife as a U.S. Citizen. You would now be waiting on her immigrant visa petition to be approved. Likewise, these are the most common issues with the K3 visa when it comes to the RFE for a K-3 visa.

Incomplete Form I-129F

Much like the K-1 visa from Thailand, there may be errors on the original Form I-129F that you had completed. Any errors or omissions on the form with result in the RFE being received. Always check your application before you submit the document. Note that you cannot leave spaces blank as you have to make it n/a or not applicable on the form.

Proof of Marriage

Did you submit your Thai marriage certificate that has been translated. Likewise, the USCIS requires a valid marriage certificate. This is to prove the marriage is legally recognized in Thailand. If the marriage certificate is missing (you did not add it) or not properly translated and certified, it can trigger an RFE.

Evidence of Relationship

Likewise, the USCIS may request additional evidence to prove the relationship is genuine and ongoing. Much like the K1 visa this may be an issue if there are not enough photos of you together as a couple.

Financial Evidence

Similar to the K-1 visa application. You as the petitioner must provide an Affidavit of Support (Form I-134) to demonstrate financial capability. Inadequate financial proof can result in an RFE.

Likewise, the IR-1 (Immediate Relative) and CR-1 (Conditional Resident) visas are for spouses of U.S. citizens. The IR-1 visa is for couples married for more than two years, granting the spouse permanent resident status. The CR-1 visa is for couples married for less than two years, granting conditional resident status. Common issues leading to an RFE for these visas include:

Firstly, there must be proof of marriage such as a marriage certificate. This must be translated and certified. This is the same issues as the K3 visa as explained above. Additionally, there is also the issue when it comes to the evidence of a relationship. Lastly when it comes to financial support, then you as the U.S. citizen petitioner must submit Form I-864 to demonstrate the ability to financially support your Thai spouse.

You will also note that the Form I-130 may also contain errors or omissions on the Form I-130, Petition for Alien Relative. Likewise, this can lead to an RFE.

Responding to an RFE

Firstly, receiving an RFE can be very stressful for anyone. This however provides an opportunity to submit the necessary documentation to support your case.

Secondly you must understand as to what they require. They will tell you what they want and you will need to provide this to them. Collect all the documents that are needed and ensure that there are no errors. Provide them with these documents. Thirdly you will need to label your documents which you are submitting. Ensure that you have a cover letter with a list of the documents as required. This helps the USCIS to check your documents more efferently.

Lastly the RFE has a time limit so ensure that you complete and submit your documents before 87 days have expired. Failing they will not processed further and you will get a visa denial letter.

Form I-131 (Application for Travel Document)

Should your Thai wife need to travel outside of the United States. She will need to have completed and approved with the Form I-131. Likewise, this form allows them to re-enter the U.S. without jeopardizing their immigration process. Lastly you will note that this is the equivalent to the Thai re-entry permit. Likewise, failure to submit this form or provide adequate documentation can result in an RFE.

Form I-765 (Application for Employment Authorization)

Likewise, should your Thai spouse wish to work in the US. He/she will need to seek permission to work in the U.S. He/she will need to have submitted the Form I-765. Lastly note that the CR1 visa as well as the IR1 visa are different. The one does not need permission to take employment in the United States.

Form I-485 (Application to Register Permanent Residence)

You can also get an RFE if you did not complete the Form I-485. This form as you will know is essential for adjusting the status to permanent residency. Much like other applications, errors or omissions or a lack of documents will also evoke a RFE.

Form I-551 (Permanent Resident Card)

Likewise, if there are errors or omission on your Green Card application or Form I-551. This is the final step in obtaining her permanent residency for the United States. Lastly, they will need to also provide sufficient evidence and accurate information to ensure a smooth transition to permanent resident status.

Best Practices to Avoid RFEs

Firstly, ensure that you have no errors in your applications. Likewise ensure that you cannot leave any boxes blank. You have to add n/a or not applicable to those boxes. Translators need their name and contact details on what they have translated.

Secondly provide comprehensive evidence for your applications. These include but not limited to proof of relationship, financial capability as well as your identity. More evidence can help preemptively address any potential questions USCIS might have.

Thirdly always keep all documents organized and easily accessible. You are going to need all these documents until you have obtained a green card.

Lastly always seek professional assistance. Always consider consulting with an immigration lawyer or professional experienced in the specific visa category. Their expertise can help ensure that your application is comprehensive and meets USCIS requirements, reducing the likelihood of an RFE.