What is the Request for Evidence? It is not a wise idea to apply for a fiancée visa or a US marriage visa when you are not certain about the process or the documents needed. These will cause delays as well as a US visa denial if you have provided incorrect information. The Request for Evidence comes early in the process when you have either forgotten documents or where the translation is not certified or incorrect. Always seek proper legal assistance when it comes to immigration matters as delays can be costly.
Request for Evidence
When the Form I-130 has been filed for your visa application with the USCIS they might send you a request for evidence if there is a problem. As stated most times it’s an error wherein documents are incomplete. If you do not respond then they might very well deny you your visa application. This is a bad sign at the start of the visa process. The process comes to a stop until your provide the needed information.
Request for Evidence and the Notice of Intent to Deny
These are two different issues. Take proper legal advice as this is only a very brief overview and everyone problems are different. The Notice of Intent to Deny shows that your visa is more likely than not going to be denied. They will send you a list of what is needed and you will need to provide this evidence. They will also give you a timeline on this. Best to seek legal advice at this stage as a visa denial is going to be costly.
Many times the translated documents are not certified or incorrect and they might then send you a Request for Clarification. Again take a look at your documents and see if you have had a bad translation or that the documents you sent are incorrect. This very seldom happens when you have used a law firm for the process.
- Do you have any inconsistencies with your documents?
- Is all the documents needed there and been submitted?
- Are the documents deemed original from a government body instead of from a lawyer?
- Is there a translation problem or certification problem with the documents?
If the errors are fixed and submitted then there should not be a big delay. This delay might be 15 days from the immigration services but comes down to how long you take to respond. The longer you take the bigger the delay and the possibility that they will simply deny you your application.
Immigration is a very complex issue and there will be delays and a visa denied if you do not correct any errors. Visa denials are common and they will require an expert lawyer when it comes to fixing them. They also become very costly as the lawyer would need to explain and provide proof as to why documents are incorrect or why there was the misunderstanding and not fraud at play.
Speak to an immigration lawyer today for more advice and assistance.
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