Usually, USCIS sends out a request for evidence (RFE) asking for proof of a valid marriage in cases where it is relevant, such as a marriage-based green card, for example. Recently, however, immigration has begun asking for marriage validity in I-140 applications, which is an employment-based petition for alien workers.

This is quite surprising, but there is a way to respond to the RFE and navigate the process effectively.

Responding to the Request for Evidence

Probably the reason behind the immigration service asking for proof of marriage validity in an I-140 application is to give the applicant a chance to be approved without an interview. There are indications that they want to speed up the process, requesting the documents they need to approve the case.

Hence, it’s important to take the RFE seriously. If done poorly, then immigration may call the applicant in for an interview. But if it is done correctly, the case could fast-track to approval. So responding in a strong manner and attaching all the requested documents is crucial.

Documents to Submit in a Request for Evidence to Prove a Valid Marriage

The correct documents to attach to an RFE would depend on what immigration is specifically asking for. But usually, the following are needed to prove a valid marriage:

  • Tax returns
  • Joint bank accounts
  • Rental agreements that show where the couple lives
  • Beneficiary information in retirement accounts
  • Health insurance information
  • Bills
  • Photographs of the couple
  • Even evidence of a pet jointly owned by the couple

An applicant who receives an RFE from immigration should provide exactly what it’s asking for. Working with a lawyer can help clarify what documents should be submitted to fast-track the approval for an I-140 petition.