How to Read a USCIS RFE Line by Line (And Avoid Costly Misinterpretations)

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1/7/202618 min read

How to Read a USCIS RFE Line by Line (And Avoid Costly Misinterpretations)

If you are holding a USCIS Request for Evidence (RFE) in your hands right now, your heart is probably racing. The envelope is thin. The paper is cold. And somewhere between the letterhead and the first paragraph, you realize something terrifying:

Your immigration future just entered a danger zone.

An RFE is not a simple request. It is not friendly. It is not casual. It is not a checklist.
It is a legal warning shot — and the way you read it determines whether your case moves forward or quietly dies inside a government inbox.

Most people lose their case not because they lacked evidence, but because they misread the RFE.
They misunderstood one sentence.
They skipped one clause.
They assumed one line was “just informational.”

USCIS writes RFEs in a special legal dialect that is deliberately indirect.
Every word is chosen.
Every omission is intentional.
Every sentence has hidden weight.

This guide teaches you how to decode that language — line by line — so you respond like an immigration officer expects, not like a confused applicant guessing in the dark.

This is not theory.
This is how USCIS actually decides your case.

What an RFE Really Is (And Why It’s So Dangerous)

An RFE is issued when USCIS believes your case is not approvable as filed, but might be if you fix the defects.

That means:

  • They have found a problem

  • They are not required to tell you exactly how to fix it

  • They will deny you if you respond incorrectly

An RFE is the last stop before denial.

It is not neutral.
It is not helpful.
It is not friendly.

It is a legal trap door.

The purpose of an RFE is not to help you.
The purpose is to see if you can prove eligibility under the law using evidence that satisfies the regulation.

If you fail to do that, they will deny your case without asking again.

That is why reading the RFE correctly is more important than the documents you send.

The Biggest Mistake People Make With RFEs

The #1 reason RFE responses fail is simple:

People read RFEs like normal letters.

They read them as:

“USCIS wants more documents.”

That is wrong.

USCIS is not asking for more documents.
They are identifying a legal deficiency and giving you one chance to cure it.

The RFE is not about paperwork.
It is about eligibility under federal law.

Every RFE is structured around:

  • A statute

  • A regulation

  • A policy interpretation

If you don’t understand what law they are applying, you will send the wrong evidence — even if you send a lot of it.

The Structure of Every USCIS RFE

Every RFE follows a predictable legal architecture.

Once you know it, you can read any RFE like an officer does.

Here is the hidden structure:

  1. Case identification

  2. Procedural authority

  3. Eligibility framework

  4. Alleged deficiency

  5. Evidence standard

  6. Requested response

  7. Consequences of failure

Let’s walk through each section line by line.

Part 1 — The Header: What Case Are They Actually Reviewing?

At the top of every RFE you will see something like:

RE: Form I-130, Petition for Alien Relative
Beneficiary: Maria Lopez
Receipt Number: WAC2190XXXX

This looks administrative.
It is not.

This section tells you:

  • Which form

  • Which person

  • Which petition

  • Which legal standard

If USCIS makes a mistake here and you don’t catch it, your evidence may be reviewed under the wrong legal framework.

For example:

If the header lists Form I-129F instead of I-130, your relationship evidence may be evaluated under fiancé visa rules instead of marriage visa rules.

That changes:

  • The burden of proof

  • The evidence required

  • The credibility standard

Never assume the header is correct.
Verify it.

Part 2 — The Authority Paragraph: Why They Are Allowed to Demand This

Next you’ll see something like:

“Pursuant to 8 CFR §103.2(b)(8), USCIS may request additional evidence…”

This is not fluff.

This tells you:

  • What regulation governs your response

  • Whether this is a discretionary or mandatory request

  • Whether USCIS must deny you if you fail

If they cite 8 CFR §103.2(b)(8)(iv), it means:

If you do not respond, USCIS will deny your case.

If they cite 8 CFR §103.2(b)(8)(ii), it means:

USCIS may deny, but not automatically.

This affects strategy.

Part 3 — The Eligibility Framework (The Most Ignored Section)

This is where USCIS quietly tells you what they think the law requires.

Example:

“In order to establish eligibility for the benefit sought, the petitioner must demonstrate that the marriage was entered into in good faith…”

This is not restating the law.
This is USCIS defining how they will judge you.

They are telling you:

  • What elements must be proven

  • What standard of proof applies

  • What the officer is looking for

Everything after this is filtered through that framework.

If you miss this paragraph, you will respond blindly.

Part 4 — The Allegation Paragraph (Where You Are Actually Accused)

Now comes the most important sentence in the entire RFE.

It usually starts with:

“The evidence submitted does not establish…”
or
“USCIS is unable to determine…”

This is not neutral language.

This is a legal finding of insufficiency.

They are telling you exactly what they believe you failed to prove.

Not what you failed to submit —
What you failed to prove.

That is the difference between denial and approval.

Part 5 — The Evidence Standard (What Type of Proof They Will Accept)

This is where USCIS tells you how strong your proof must be.

Watch for phrases like:

  • “Credible and probative”

  • “Objective evidence”

  • “Independent documentation”

  • “Primary evidence”

If they ask for primary evidence, affidavits alone will not work.
If they want objective evidence, your personal statement will not be enough.

Most people ignore this — and get denied even after sending hundreds of pages.

Part 6 — The Request Section (What They Really Want)

Now USCIS lists items like:

  • Lease agreements

  • Photos

  • Bank statements

  • Letters

  • Contracts

This looks like a checklist.

It is not.

This list is only an example of what could prove the legal issue.

It is not what they need.
It is what could satisfy the standard.

Your job is not to send what they list.
Your job is to send what proves the deficiency they identified.

Those are not the same thing.

Part 7 — The Deadline & Consequences

The final paragraph says something like:

“If you fail to submit the requested evidence by the date listed above, your petition will be denied.”

This is not a threat.
It is a legal guarantee.

USCIS does not have to remind you again.
They do not have to request more evidence.
They do not have to call you.

The case dies.

The Most Dangerous Misinterpretation of All

Here is the mistake that destroys more cases than any other:

People respond to what USCIS asked for — instead of what USCIS said was missing.

Those are two completely different things.

USCIS does not list documents because they want documents.
They list documents because they want proof of a specific legal element.

If you send documents that don’t prove that element, you will be denied even if you send 500 pages.

A Real Example (Marriage RFE)

Let’s say USCIS writes:

“The evidence does not establish that the marriage was entered into in good faith.”

Then they ask for:

  • Joint lease

  • Photos

  • Bank statements

  • Affidavits

The legal issue is good faith.
The documents are just tools to prove it.

If you send:

  • Photos from one day

  • A bank statement opened last week

  • A generic affidavit

You have not proven good faith — even if you technically complied with the request.

USCIS will deny you.

How Officers Read Your RFE Response

They do not read it emotionally.
They do not read it sympathetically.
They read it like a checklist against the law.

They ask:

  • Did this prove the missing element?

  • Is the evidence credible?

  • Is it consistent?

  • Is it sufficient under the regulation?

Not:

  • Did they try hard?

  • Did they send a lot?

  • Did they sound sincere?

Your job is to make their decision easy.

The Right Way to Read Every Sentence in an RFE

When you read an RFE, you must ask for every paragraph:

  • What legal element is this referencing?

  • What standard of proof applies?

  • What does USCIS think I failed to prove?

  • What kind of evidence would satisfy an officer?

This is not intuitive.
This is legal interpretation.

And this is why so many people get denied after responding.

Why RFEs Are Getting More Aggressive

Over the past few years, USCIS has changed how RFEs are written.

They now:

  • Use more vague language

  • Cite broader regulations

  • Demand higher evidence standards

  • Give fewer hints

This is intentional.

It allows officers to deny more cases with fewer appeals.

That is why line-by-line reading is no longer optional — it is survival.

If You Want to Win an RFE, You Must Think Like USCIS

You are not writing to convince a human.
You are writing to satisfy a legal framework.

Your response must:

  • Identify the missing legal element

  • Address it directly

  • Use evidence that matches the required standard

  • Remove all ambiguity

That is how approvals happen.

We have only covered the structure.
Next, we will break down actual RFE language sentence by sentence — including the phrases that secretly mean denial risk, fraud suspicion, or eligibility failure — and how to respond to each one so you do not accidentally destroy your own case…

(When this response cuts off, reply CONTINUE and I will resume exactly where it stops.)

continue

…own case…

Part 8 — The Most Dangerous Phrases in Any USCIS RFE (And What They Really Mean)

USCIS does not write RFEs in plain English.
They write them in legal camouflage.

Certain phrases look harmless but are actually red flags that your case is one step from denial.

If you do not understand these phrases, you will not understand your RFE — even if you read it ten times.

Let’s decode them.

Phrase #1: “USCIS is unable to determine…”

This is one of the most misunderstood lines in immigration.

It sounds neutral.

It is not.

It means:

“Based on what you submitted, we do not believe you have proven this legal requirement.”

They are not saying they lack information.
They are saying the information you gave did not satisfy the law.

If you respond by sending more of the same type of evidence, you will be denied.

You must send different evidence that proves the legal element they were not convinced by.

Phrase #2: “The evidence submitted does not establish…”

This is even stronger.

This means:

“We have already evaluated your evidence and found it legally insufficient.”

This is not a request for clarification.
This is a formal finding of deficiency.

Your RFE response must overcome this finding.

That requires:

  • Better quality evidence

  • More probative evidence

  • Evidence that directly addresses the element they rejected

Phrase #3: “You have not demonstrated…”

This is USCIS shifting the burden back to you.

It means:

“You failed to carry your burden of proof.”

USCIS is not obligated to help you fix that.
They are giving you one last chance.

Your response must be legally persuasive, not just complete.

Phrase #4: “The record does not show…”

This means:

“We are deciding your case based only on what is in the file — and it is not enough.”

They are not inviting storytelling.
They are inviting evidence that changes the record.

Phrase #5: “Submit evidence to establish…”

This is a legal command.

It means:

“Your case is deficient unless this legal element is proven.”

If you fail to establish it, denial is automatic.

Why USCIS Lists Documents You Don’t Actually Need

This is where most applicants self-destruct.

USCIS often writes something like:

“You may submit evidence such as:

  • Photographs

  • Correspondence

  • Financial records

  • Affidavits”

People think this is a shopping list.

It is not.

This is called illustrative evidence.

USCIS is not telling you what to send.
They are telling you what type of proof could, in theory, prove the missing element.

If your evidence does not prove the legal element, even if it’s on their list, it is worthless.

Example: Good Faith Marriage RFE

Let’s take a real-world example.

USCIS writes:

“The evidence submitted does not establish that the marriage was entered into in good faith and not for the purpose of evading immigration laws.”

Then they list:

  • Joint bank accounts

  • Lease agreements

  • Photos

  • Affidavits

Most people send:

  • One joint account opened last month

  • A few selfies

  • Letters from friends

And then get denied.

Why?

Because those documents do not prove intent at the time of marriage.

Good faith is about:

  • How you met

  • Why you married

  • Your shared life

  • Your future plans

Not just whether you took pictures.

The RFE was about intent.
The response was about paper.

USCIS denies those cases every day.

The Timeline Trap

Another RFE trick USCIS uses is temporal framing.

They may ask for:

“Evidence of your relationship”

But the legal requirement is:

“The marriage was entered into in good faith at the time of the marriage.”

If you send evidence only from last month, you did not prove good faith at the time of marriage.

You failed — even if your relationship is real.

How to Identify the True Legal Issue in Any RFE

To respond correctly, you must extract three things from the RFE:

  1. The legal element

  2. The evidence standard

  3. The officer’s concern

These are not always stated directly.
They are implied.

Let’s see how.

Step 1 — Find the Legal Element

Look for phrases like:

  • “To establish eligibility…”

  • “The petitioner must demonstrate…”

  • “In order to qualify…”

Whatever follows is the legal element.

That is what your evidence must prove.

Step 2 — Find the Evidence Standard

Look for words like:

  • “Credible”

  • “Probative”

  • “Primary”

  • “Objective”

  • “Independent”

These tell you how strong your proof must be.

Affidavits are weak.
Official records are strong.
Third-party documents are stronger than personal statements.

Step 3 — Find the Officer’s Doubt

Look for:

  • “Does not establish”

  • “Unable to determine”

  • “Not sufficient”

  • “Fails to show”

This is where the officer is not convinced.

That is the battlefield.

If You Miss This, You Lose

Most people read RFEs like this:

“They want these documents.”

They should read them like this:

“They do not believe I proved X, and they will deny me unless I prove X under Y standard using Z type of evidence.”

That is the only way to win.

The Psychological Trick USCIS Uses

USCIS RFEs are designed to overwhelm you.

Long paragraphs.
Legal citations.
Lists of documents.
Strict deadlines.

This makes people panic — and panic makes people comply instead of analyze.

When you panic, you send everything you can think of.

That feels safe.
It is not.

USCIS wants targeted proof, not volume.

Volume Is Not Evidence

Sending 300 pages of irrelevant documents is worse than sending 10 pages of powerful evidence.

Why?

Because it makes it harder for the officer to see the proof.

Officers are trained to deny cases that are disorganized, unfocused, or legally unsupported.

Your response must be:

  • Structured

  • Focused

  • Legally aligned

How to Build a Winning RFE Response Package

You should not just send documents.

You should send:

  1. A legal cover letter

  2. A table of contents

  3. Evidence organized by legal element

  4. Explanations connecting evidence to law

USCIS is not obligated to figure out why your evidence proves your case.
You must explain it.

The Cover Letter Is Not Optional

Your cover letter should:

  • Identify the RFE

  • State the legal element

  • Explain how you are proving it

  • Guide the officer to the evidence

This is where you control the narrative.

Without it, USCIS will interpret your evidence however they want.

Why So Many “Complete” Responses Get Denied

People think:

“I sent everything they asked for. How could they deny me?”

Because USCIS did not ask for documents.

They asked for proof.

And proof must satisfy:

  • The law

  • The regulation

  • The officer’s concern

Most responses satisfy none of the above.

Real Example: Employment-Based RFE

USCIS writes:

“The evidence does not establish that the offered position qualifies as a specialty occupation.”

They ask for:

  • Job description

  • Degree requirements

  • Organizational chart

The legal issue is specialty occupation.

If you send a generic job description, you will be denied.

You must prove:

  • The job normally requires a bachelor’s degree

  • The degree is related

  • The duties are specialized

The documents are just tools.

If You Respond Like a Clerk, You Will Be Treated Like One

You are not filling out a form.

You are making a legal argument.

If you do not frame it that way, USCIS will not either.

Next: The Sentence-by-Sentence Breakdown of a Real RFE

Now that you understand the structure, we are going to do something most people never see:

We will take real USCIS RFE language and dissect it word by word so you can see exactly what officers mean — and how applicants misread it into denial.

We will cover:

  • Marriage RFEs

  • Adjustment of status RFEs

  • Employment RFEs

  • Financial RFEs

  • Fraud suspicion language

And how to respond to each one so your case survives.

When this cuts off, reply CONTINUE and I will resume exactly where it stops.

continue

…and how to respond to each one so your case survives.

Part 9 — How to Read a Real USCIS RFE Sentence by Sentence

Now we go into the heart of the system.

Below is a realistic composite of actual USCIS RFE language. This wording is used every day in marriage, adjustment of status, and family petitions.

We will break it down line by line.

“The evidence submitted with Form I-130 does not establish that the marriage between the petitioner and beneficiary was entered into in good faith and not for the purpose of evading immigration laws.”

Most applicants read this as:

“They want more proof that our marriage is real.”

That is dangerously wrong.

What USCIS is actually saying is:

“We believe there is a legal possibility this marriage is fraudulent.”

This sentence invokes INA §204(c) — the fraud statute.

That means your case is not just missing documents.
It is under credibility scrutiny.

You must now prove:

  • Intent at the time of marriage

  • A shared life

  • Non-immigration motives

Not just cohabitation.

“The documents submitted, including photographs and affidavits, are insufficient to overcome this concern.”

This is devastating if you don’t understand it.

USCIS has already:

  • Looked at your photos

  • Read your affidavits

  • Found them not credible or not strong enough

Sending more of the same will fail.

You must now send objective, third-party, time-based evidence.

“USCIS requires additional documentation demonstrating the bona fide nature of the marital relationship.”

This does NOT mean:

“Send more relationship proof.”

It means:

“Send proof that would convince a skeptical officer that this was not a sham.”

That usually requires:

  • Joint finances over time

  • Insurance records

  • Tax filings

  • Children

  • Travel history

  • Housing contracts

Not selfies.

“Submit evidence such as joint leases, utility bills, or other documentation showing shared residence.”

This is where most people fail.

USCIS is not asking for proof you live together now.

They are asking for proof that you have lived together as a married couple in an ongoing life.

A lease from last month does not prove a good-faith marriage.

A lease from before or right after the wedding does.

Timeline matters.

“Affidavits from friends and family may be submitted.”

“May” is legal language.

It means:

“We will accept them, but they are weak evidence.”

Affidavits alone never win an RFE.

“If the requested evidence is not submitted by the due date, your petition may be denied.”

Because this RFE invoked fraud-related language, “may” effectively means “will.”

What This RFE Was Really About

This RFE was not about documents.

It was about:

“We think this marriage might be fake.”

Everything you send must attack that doubt.

If you send random paperwork, you lose.

Now Let’s Do an Employment RFE

Here is another real-world style RFE.

“The evidence submitted does not establish that the proffered position qualifies as a specialty occupation as defined in 8 CFR §214.2(h)(4)(iii).”

This is not about job descriptions.

This is about whether the job legally qualifies.

If you don’t address the regulation, you lose.

“The record does not demonstrate that a bachelor’s degree in a specific specialty is normally required for the position.”

USCIS is saying:

“We believe this job could be done without a degree.”

Your task is now to prove:

  • Industry standards

  • Employer requirements

  • Complexity of duties

Not to describe the job.

“Submit evidence such as job postings, expert opinions, or industry data.”

These are examples.

The legal issue is industry degree norms.

If you send:

  • Your company’s internal job description

You will be denied.

If you send:

  • 10 job postings from major companies requiring degrees

You might win.

The Hidden Rule of RFEs

USCIS does not care about your story.

They care about:

  • Legal elements

  • Objective proof

  • Regulatory standards

That is why so many sincere people are denied.

How to Read Financial RFEs

Let’s look at a sponsor income RFE.

“The evidence submitted does not establish that the petitioner meets the minimum income requirements under INA §213A.”

This is not about pay stubs.

This is about poverty guidelines and household size.

“The tax returns provided are insufficient to demonstrate ongoing income.”

This means:

“Your past income does not prove your current ability to support.”

Sending more old tax returns will fail.

You need:

  • Employment letters

  • Pay stubs

  • Contracts

Showing current income.

How USCIS Denies People Who “Complied”

People send what USCIS asked for.

But they don’t send what the law requires.

USCIS denies them — legally.

The One Thing USCIS Never Explains

USCIS never tells you:

“This is the legal theory under which we will deny you.”

They imply it.

You must find it.

Why RFEs Are More Dangerous Than Denials

A denial can be appealed.

A bad RFE response locks in a denial.

You cannot fix it later.

The Most Important Skill You Can Learn

The ability to read:

  • What USCIS says

  • What USCIS means

  • What USCIS doubts

  • What USCIS requires

This is what separates approvals from disasters.

The USCIS Mindset

Officers are trained to:

  • Look for inconsistency

  • Look for weak evidence

  • Look for shortcuts

  • Look for fraud

Your response must remove doubt.

Next: How to Structure a Response That Forces Approval

We will now move into the exact format and strategy used by immigration attorneys to turn RFEs into approvals — including:

  • How to organize evidence

  • How to write a legal cover letter

  • How to neutralize officer suspicion

  • How to prevent denial even when USCIS is skeptical

When this cuts off, reply CONTINUE and I will resume exactly where it stops.

continue

…even when USCIS is skeptical.

Part 10 — The Architecture of a Winning RFE Response

This is where cases are won or buried.

Most applicants send USCIS a pile of documents.

Lawyers send USCIS a legal argument with evidence.

That difference alone can decide your future.

A winning RFE response has four structural layers:

  1. Legal framing

  2. Issue targeting

  3. Evidence engineering

  4. Officer psychology

If you skip any one of these, your response becomes vulnerable to denial.

Let’s go through each one in detail.

Layer 1 — Legal Framing (Why Your Cover Letter Is More Important Than Your Documents)

USCIS officers are not investigators.
They are file reviewers.

They are trained to look for:

  • Legal elements

  • Evidence tied to those elements

  • Clear reasoning

If you don’t give them that framework, they will create their own — and you will not like it.

Your cover letter must do three things:

  1. Identify the exact legal issue raised in the RFE

  2. State what must be proven under the law

  3. Explain how your evidence proves it

Example (marriage RFE):

“USCIS has questioned whether the marriage was entered into in good faith. Under INA §204(a), the petitioner must demonstrate intent to establish a life together at the time of marriage. The enclosed evidence establishes this through joint financial, residential, and social documentation spanning the period before and after the wedding.”

That single paragraph frames the entire review.

Without it, USCIS will hunt for weaknesses.

Layer 2 — Issue Targeting (You Must Kill the Doubt, Not Drown It)

Every RFE contains a doubt.

Your job is not to send everything.

Your job is to kill the doubt.

If USCIS doubts:

  • Your relationship → prove intent

  • Your job → prove degree requirement

  • Your income → prove ongoing earnings

  • Your identity → prove continuity

Anything else is noise.

Noise kills cases.

Layer 3 — Evidence Engineering (How to Make Proof That USCIS Can’t Ignore)

Not all evidence is equal.

USCIS ranks evidence like this:

  1. Government records

  2. Third-party institutional records

  3. Financial records

  4. Professional documents

  5. Personal statements

  6. Affidavits

The lower it is, the less weight it has.

If you respond with:

  • Just affidavits

You will be denied.

If you respond with:

  • IRS transcripts

  • Leases

  • Employer letters

  • Bank statements

  • Insurance records

You are now playing at USCIS level.

Layer 4 — Officer Psychology (Yes, This Matters)

USCIS officers are human.

They:

  • Have quotas

  • Have time pressure

  • Are trained to avoid risk

If your case looks risky, they deny it.

If your case looks clear, they approve it.

Your response must make approval feel safe.

That means:

  • Organized

  • Labeled

  • Explained

  • Professional

Chaos looks like fraud.

The Single Most Powerful Tool: The Evidence Index

Every winning RFE response includes:

A table of contents mapping evidence to legal elements.

Example:

Legal ElementEvidenceIntent at marriageJoint lease (Exhibit A), bank account (Exhibit B), travel history (Exhibit C)Ongoing relationshipInsurance, taxes, photos, correspondence

This forces USCIS to see the proof.

Without it, they may miss it.

Why People Lose Even With Strong Evidence

Because USCIS didn’t see it.

Officers do not read every page.
They skim.

If your proof is buried, it is invisible.

How USCIS Evaluates Credibility

USCIS looks for:

  • Consistency

  • Timeline logic

  • Third-party corroboration

  • Objective data

One inconsistency can trigger denial.

Your response must:

  • Explain gaps

  • Clarify dates

  • Resolve contradictions

Never assume USCIS will “figure it out.”

Example: Fixing a Timeline Problem

If USCIS doubts when you moved in together, do not just send a lease.

Send:

  • Lease

  • Utility bills

  • Mail

  • Driver’s licenses

From the same time period.

This creates a timeline web USCIS can’t poke holes in.

The Silence Trap

If you do not address a USCIS concern directly, they assume it still exists.

Never ignore a doubt.

Attack it.

The Wrong Way to Write a Response

“Please find attached the documents you requested.”

This is how people get denied.

The Right Way

“USCIS questioned whether the marriage was entered into in good faith. The enclosed evidence establishes the couple’s intent to build a life together at the time of marriage through…”

This tells the officer how to think.

Why RFEs Are Often Better Than Approvals

An RFE means:

“You are one step away from approval.”

If you respond correctly.

Why RFEs Destroy Unprepared Applicants

Because USCIS has already found weakness.

If you don’t neutralize it, denial is guaranteed.

Next: The Deadliest RFE Scenarios (Fraud, Inadmissibility, and Intent)

We will now cover the most dangerous RFEs — the ones that end cases even when people respond — including:

  • Fraud suspicion

  • Prior marriage issues

  • Immigration intent

  • Inadmissibility

And how to read the language that signals them.

When this cuts off, reply CONTINUE and I will resume exactly where it stops.

continue

…and how to read the language that signals them.

Part 11 — The Most Dangerous RFEs USCIS Issues (And How to Survive Them)

Not all RFEs are equal.

Some RFEs are routine.
Others are case killers.

You must know which one you received.

There are four RFE categories that carry extreme denial risk:

  1. Fraud suspicion

  2. Prior immigration violations

  3. Intent at entry

  4. Inadmissibility

These RFEs use very specific language.

If you know how to spot it, you know how to respond.

Category 1 — Fraud Suspicion RFEs

These are the most dangerous.

They often include phrases like:

  • “Not for the purpose of evading immigration laws”

  • “Bona fide”

  • “Credibility”

  • “Discrepancies”

Example:

“The evidence does not establish that the marriage was not entered into for the purpose of evading immigration laws.”

This is code for:

“We think this might be a fake marriage.”

Your response must now overcome INA §204(c) — the fraud bar.

If you fail, you are permanently blocked from future petitions.

You must send:

  • Evidence of intent at the time of marriage

  • Evidence of shared life

  • Evidence from before, during, and after the wedding

Not just current cohabitation.

Category 2 — Prior Immigration Violations

Language to watch:

  • “Record indicates”

  • “Previously filed”

  • “Prior petition”

  • “Inconsistency”

Example:

“The record indicates the beneficiary previously sought immigration benefits through a different petitioner.”

This is dangerous.

USCIS is questioning whether:

  • You have a pattern

  • You misrepresented facts

  • You attempted fraud

You must now explain:

  • Who

  • When

  • Why

  • What changed

Silence = denial.

Category 3 — Intent at Entry RFEs

These destroy adjustment of status cases.

Language:

  • “Intent”

  • “At the time of entry”

  • “Nonimmigrant status”

Example:

“The record does not establish that the beneficiary did not have immigrant intent at the time of admission.”

This means USCIS suspects you entered the U.S. planning to stay.

You must prove:

  • Your plans at entry

  • Your return ties

  • Your timeline

Not your current relationship.

Category 4 — Inadmissibility RFEs

These involve:

  • Criminal history

  • Misrepresentation

  • Health

  • Public charge

Language:

  • “May be inadmissible”

  • “Section 212(a)”

These require legal waivers.

Sending documents alone will not fix them.

How USCIS Hides Denial Triggers

USCIS rarely writes:

“We think you committed fraud.”

They write:

“The evidence does not establish…”

The effect is the same.

The One Thing That Makes RFEs Fatal

When USCIS invokes a statutory bar — like fraud or misrepresentation — evidence alone may not be enough.

You may need:

  • Legal arguments

  • Waivers

  • Explanations

Ignoring that kills cases.

Why Many RFEs Are Actually Pre-Denials

Some RFEs are written to justify denial.

If you respond poorly, USCIS can say:

“The applicant failed to overcome the concerns raised.”

That is legally bulletproof.

How to Spot a Pre-Denial RFE

Look for:

  • Long legal citations

  • Harsh language

  • Fraud-related terms

  • High evidence standards

These require surgical responses.

The RFE Response Is Your Trial

There is no judge.
There is no hearing.
There is no second chance.

Your paper response is your defense.

Why People Lose Even With Lawyers

Because some lawyers:

  • Treat RFEs as clerical

  • Send generic packets

  • Don’t analyze the legal threat

You must know what you are fighting.

The Ultimate Truth About RFEs

USCIS is not neutral.

They are skeptical by design.

Your job is not to comply.

Your job is to convince.

Next: How to Write the RFE Response Letter That Forces USCIS to Approve

We will now go step-by-step through:

  • The opening paragraph

  • The legal framing

  • The evidence mapping

  • The conclusion

So your response reads like an approval decision.

https://uscissrfehelpusa.com/uscis-rfe-guide