Primary vs Secondary Evidence in USCIS RFEs: What Really Wins Approval

When USCIS issues a Request for Evidence (RFE), one distinction quietly determines whether your response succeeds or fails:

Primary evidence vs secondary evidence.

Most applicants do not understand this difference. They assume that if they submit something, USCIS will consider it. In reality, USCIS applies a clear hierarchy to evidence — even when it does not explicitly say so.

This article explains what primary and secondary evidence really are, how USCIS evaluates them in RFEs, and how to use each correctly to avoid denial.

Why Evidence Hierarchy Matters in RFEs

An RFE is issued because USCIS believes the current evidence is insufficient. At this stage, officers are not neutral — they are cautious.

They are asking:

“Is there reliable, objective proof that clearly meets the legal requirement?”

Understanding evidence hierarchy allows you to answer that question correctly.

What USCIS Considers Primary Evidence

Primary evidence is the strongest possible proof. It comes directly from the original source responsible for the record.

USCIS trusts primary evidence because:

• It is official

• It is difficult to manipulate

• It exists independently of the applicant

Examples of primary evidence include:

• Certified government records

• Official tax transcripts

• Civil registry documents

• Original employer records

Primary evidence speaks for itself. It requires little explanation.

Why USCIS Strongly Prefers Primary Evidence

USCIS officers are trained to rely on documentation that:

• Was created at the time of the event

• Comes from authoritative sources

• Can be independently verified

Primary evidence reduces doubt.
When doubt disappears, approval becomes possible.

What USCIS Considers Secondary Evidence

Secondary evidence is used when primary evidence is unavailable.

It includes:

• Affidavits

• Letters from individuals

• Supporting documents

• Alternative records

Secondary evidence is not weak by default — but it requires context.

USCIS treats secondary evidence as acceptable only when properly justified.

The Biggest Mistake With Secondary Evidence

The most common mistake applicants make is submitting secondary evidence without explaining why primary evidence is missing.

To USCIS, this looks like:

• Avoidance

• Incompleteness

• Weak credibility

Secondary evidence without explanation is often ignored.

When Secondary Evidence Works Well

Secondary evidence can be effective when:

• Primary evidence does not exist

• Records were destroyed

• Authorities refuse to issue duplicates

• Circumstances are outside your control

In these cases, USCIS expects:

• A clear explanation

• Proof of attempts to obtain primary evidence

• Consistent, detailed secondary documentation

Affidavits: The Most Misused Evidence Type

Affidavits are widely misunderstood.

USCIS values affidavits when they:

• Come from individuals with direct knowledge

• Explain how the person knows the facts

• Include specific details

• Are signed and dated

USCIS discounts affidavits when they:

• Repeat your claims

• Lack detail

• Replace required documents

• Appear scripted

Affidavits support evidence — they do not replace it.

Why Replacing Primary Evidence With Affidavits Backfires

Applicants sometimes think:

“I’ll explain it instead.”

USCIS does not accept explanations as substitutes for required records unless the law explicitly allows it.

If primary evidence exists and you fail to submit it, secondary evidence rarely saves the case.

The Role of “Unavailability” Explanations

When primary evidence is missing, USCIS expects you to explain:

• Why it is unavailable

• What steps you took to obtain it

• Why those steps failed

This explanation must be:

• Factual

• Specific

• Supported by documentation if possible

Vague explanations are treated as noncompliance.

How USCIS Evaluates Competing Evidence

When USCIS sees:

• One piece of primary evidence

• Versus multiple pieces of secondary evidence

The primary evidence usually wins.

Quality beats quantity.

Mixing Primary and Secondary Evidence Correctly

The strongest RFE responses often combine:

• Primary evidence (where available)

• Secondary evidence (to reinforce or clarify)

This layered approach:

• Builds credibility

• Resolves doubt

• Strengthens weak areas

Financial RFEs: Primary vs Secondary Proof

Primary financial evidence:

• IRS transcripts

• Official payroll records

Secondary financial evidence:

• Employer letters

• Bank statements

USCIS expects primary proof first. Secondary proof supports — not replaces — it.

Relationship RFEs: Evidence Hierarchy in Practice

Primary relationship evidence:

• Marriage certificates

• Joint legal documents

Secondary relationship evidence:

• Photos

• Messages

• Statements

Photos without primary documentation rarely succeed.

Employment-Based RFEs: What USCIS Trusts

Primary employment evidence:

• Employer-issued records

• Contracts

• Government filings

Secondary employment evidence:

• Personal statements

• Informal emails

USCIS heavily favors employer and government documentation.

Why “More Evidence” Doesn’t Fix Weak Evidence

Applicants often flood USCIS with:

• Screenshots

• Informal letters

• Self-written statements

This does not elevate secondary evidence to primary status.

More weak evidence does not become strong evidence.

How Officers Decide Evidence Sufficiency

USCIS officers ask:

“Is the strongest available evidence present?”

If primary evidence exists and is missing, denial is likely.

If primary evidence does not exist and secondary evidence is credible and well explained, approval is possible.

The Danger of Pretending Primary Evidence Doesn’t Exist

If USCIS believes:

• Primary evidence should exist

• But was not provided

They may question credibility.

Honesty about availability matters.

How Successful Applicants Use Evidence Hierarchy

Approved applicants:

• Identify what primary evidence exists

• Submit it clearly

• Explain unavailability honestly

• Use secondary evidence strategically

They do not hope secondary evidence will “carry” the case alone.

Turning Evidence Hierarchy Into a Strategy

Once you understand hierarchy:

• Decisions become easier

• Responses become focused

• Risk decreases

You stop guessing and start aligning with USCIS expectations.

The Smart Next Step

If you’re unsure whether your RFE response relies too heavily on secondary evidence, do not guess.

👉 The USCIS RFE Response Guide shows you how to choose the right evidence, explain unavailability properly, and build responses USCIS actually approves — in over 60 pages of practical, step-by-step guidance.

Evidence hierarchy is not optional. It is decisive.

Final Thought

USCIS does not deny cases because applicants submit secondary evidence.
They deny cases because applicants submit secondary evidence without justification.

Understand the hierarchy. Use it correctly. Protect your case.https://uscissrfehelpusa.com/uscis-rfe-guide