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Other · United States

Request for Evidence — USCIS wants more before deciding

Your case is still open. USCIS has decided the file is missing something it considers necessary and has printed a date by which the missing evidence must arrive. It is not a denial, and it is the one chance to complete the record.

How serious: enforcement closeAlso called: RFE, Request for Additional Evidence, I-797E, Notice of Action

A Request for Evidence lists what USCIS thinks is missing from a pending application or petition and sets a date for it. The notice arrives as Form I-797E and carries the receipt number of the case it belongs to.

USCIS accepts one response, and it has to contain everything asked for. A partial response is treated as asking for a decision on the record as it stands, and no second request follows.

The date on the notice is not negotiable: 8 CFR 103.2(b)(8)(iv) caps the period at twelve weeks and USCIS officers are not permitted to grant more time.

Who sends it

U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security — specifically the service center or field office adjudicating your case.

The heading 'Request for Evidence' with the form number I-797E; a receipt number beginning with three letters; the form being adjudicated (I-130, I-485, I-129, N-400 and so on); a list of evidence under 'What you should do'; a printed response date; and an instruction to return the notice itself with the response.

The deadline

the date printed on the notice — at most 12 weeks, with 3 days added when the notice was served by mail

The date printed on the notice governs. 8 CFR 103.2(b)(8)(iv) caps the maximum response period for an RFE at twelve weeks, and 8 CFR 103.8(b) adds 3 days where the notice was served by mail. Where the date falls on a Saturday, Sunday or federal holiday, a paper response received by the end of the next business day is treated as timely.

If you do nothing

8 CFR 103.2(b)(13): with no response by the required date, the case may be summarily denied as abandoned, denied on the record as it stands, or both. A response that arrives after the date is treated the same as none at all.

How it escalates

  1. 01The pending application or petition may be denied as abandoned, denied on the existing record, or both (8 CFR 103.2(b)(13)).
  2. 02Fees already paid are not returned with a denial, and filing again means paying again.
  3. 03Where a status or a work authorization depended on the pending case, the denial ends that basis.
  4. 04What is left after a denial is an appeal or motion on Form I-290B within 30 days of service of the decision (8 CFR 103.3(a)(2)(i)).

Your options, procedurally

  • Send everything requested in one submission, with the original notice on top, so that it arrives before the printed date.
  • Send what exists and accept a decision on the record — that is how USCIS treats a partial response.
  • Withdraw the application or petition in writing, where it is not to be pursued.
  • Do nothing and accept the denial that 8 CFR 103.2(b)(13) provides for.

How to respond

The mechanics below are what make a response count: one submission, the original notice on top, arriving at the address on the notice before the printed date.

Response types

  • Send the evidence requestedResponse to the Request for Evidence — one complete submission · 8 CFR 103.2(b)(8)
  • Withdraw the applicationWithdrawal of the application or petition

Where and how

  • Your USCIS online account, where the case was filed online — an electronic submission is received the moment it is submitted.
  • Certified mail with return receipt to the exact address on the notice, which proves the date it arrived.
  • A courier with tracking, where the notice gives a street address rather than a post office box.
  • Ordinary mail, which leaves you no proof of the delivery date.

What to attach

  • The original Request for Evidence notice, on top of everything else.
  • A cover letter listing what is enclosed against each item the notice requested.
  • Certified English translations of any document not in English (8 CFR 103.2(b)(3)).
  • A full copy of the response, kept by you.

What makes it count

The response has to be received by USCIS by the date on the notice — posting it by that date is not enough. Where the date falls on a weekend or a federal holiday, a paper response received by the end of the next business day is treated as timely.

Common questions

Can I ask USCIS for more time?

No. The USCIS Policy Manual states that the regulations prohibit officers from granting additional time to respond to an RFE. The date on the notice is the date.

Does the response have to arrive by that date, or just be posted?

It has to be received. For paper responses USCIS goes by the date it physically receives the submission, which is why proof of the delivery date matters.

What if I can only send part of what was asked for?

USCIS treats a partial response as a request for a decision on the record as it stands, and does not issue a second request. Everything intended for the file has to go in the one submission.

Is an RFE a sign the case will be denied?

It is a statement that the record as filed does not yet establish eligibility, and an opportunity to complete it. What it means for the outcome depends on the evidence, which is a question for the person handling your case.

Sources

Facts verified against the sources below on 10 September 2026.