1. What is an Initial Evidence Request for Form I-864?

An Initial Evidence Request for Form I-864 is a notice sent by the U.S. Citizenship and Immigration Services (USCIS) to an individual who has submitted Form I-864, Affidavit of Support, as part of a family-based immigration application. This request typically asks for additional evidence to support the financial sponsor’s ability to financially support the intending immigrant. The requested evidence may include tax documents, recent paystubs, employment verification letters, and other relevant financial information. Failure to provide the requested evidence may result in denial of the immigration application.

2. Why did I receive a USCIS Case Status update that says “Initial Evidence Requested” for my Form I-864?

Receiving an “Initial Evidence Requested” status update on your Form I-864 typically means that the USCIS officer reviewing your case has identified missing or incomplete information or supporting documentation in your initial submission. This could delay the processing of your application if you do not provide the requested evidence within the designated time frame. It is important to carefully review the request and submit all necessary evidence as soon as possible to avoid any further delays.

3. How long do I have to respond to the Initial Evidence Request?

The amount of time you have to respond to an Initial Evidence Request will vary depending on the specific request and the immigration application or petition being processed. Generally, you should respond as soon as possible and within the timeframe outlined in the request. It is important to carefully review the request and gather all necessary documents before submitting a response. If you need additional time or have any questions about the request, you can contact the U.S. Citizenship and Immigration Services (USCIS) office handling your case for guidance. Failure to respond in a timely manner could result in delays or denial of your application or petition.

4. What documents do I need to provide as part of the Initial Evidence Request?

You will need to provide documents that prove your eligibility for the benefit or immigration application. This can include identification documents, proof of income or financial support, marriage or birth certificates, academic transcripts, and any other relevant documents specified in the request. It is important to carefully review the instructions in the Initial Evidence Request and include all necessary documents to avoid delays or potential denial of your application.

5. Can I submit copies of documents or do they need to be originals?

It depends on the specific document and the requirements of the entity receiving them. In general, original documents are preferred as they are considered more reliable and authentic. However, some entities may accept copies if they are certified or notarized. It is best to check with the appropriate entity for their specific requirements.

6. Where do I send the requested evidence?

The requested evidence should be sent to the address specified in the request or to the agency responsible for processing your application or case. If you are unsure of where to send it, you can contact the agency for clarification or check their website for instructions.

7. Will my case be denied if I don’t submit the requested evidence?

It is possible that your case could be denied if you do not submit the requested evidence. The requested evidence is typically necessary for the adjudicator to make a decision on your case, and without it, they may not have enough information to approve or deny your petition. It is important to carefully review the request and make sure you understand what evidence is being requested and why it is relevant to your case. If you are unable to provide certain evidence, you should communicate this to the adjudicator and explain any extenuating circumstances that may prevent you from obtaining it. They may be willing to consider alternative forms of evidence or make a decision based on the information they already have. However, in some cases, not submitting the requested evidence could result in a denial of your case. It is best to consult with an immigration attorney for specific guidance on your individual case.

8. Can I request an extension to submit the evidence?

Yes, you can request an extension to submit the evidence. In order to do so, you will need to provide a valid reason for the delay and submit a written request to the relevant authority or organization responsible for processing your application. The decision to grant an extension will ultimately be at their discretion. It’s important to note that some authorities may have specific policies in place for granting extensions, so it’s best to check with them beforehand.

9. What happens if my sponsor does not meet the financial requirements on Form I-864?

If your sponsor does not meet the financial requirements on Form I-864, you may need to find an alternative sponsor. The U.S. Citizenship and Immigration Services (USCIS) will evaluate the income and assets of your sponsor to determine if they can financially support you.

If it is determined that your sponsor does not have sufficient income or assets, you may also be required to provide additional evidence, such as a joint sponsor or proof of your own financial means, to demonstrate that you will not become a public charge (dependent on government assistance).

In some cases, if there is substantial evidence that the petitioner cannot meet the financial requirements and there are no household members who can serve as a joint sponsor, then the petition may be denied.

It is important for sponsors to carefully assess their financial ability before committing to sponsoring someone on Form I-864. If they are unable to meet the requirements, it is best for them to decline sponsorship in order to avoid potential issues with the immigration process.

10. How will USCIS notify me once they receive my submitted evidence?

Once USCIS receives your submitted evidence, they will send you a receipt notice by mail. This receipt notice will contain a receipt number that you can use to track the status of your case on the USCIS website. Additionally, USCIS may also send updates and requests for further information or evidence by mail or email. It is important to keep your contact information up-to-date with USCIS to ensure that you receive all notifications regarding your case.

11. Can I track the status of my initial evidence submission online?

Yes, you may be able to track the status of your initial evidence submission online depending on the specific agency or organization you submitted it to. Some agencies have online portals where you can check the status of your application or submission, while others may provide updates through email or mail. If you are unsure about how to track the status of your submission, you can contact the agency or organization directly for more information.

12. Can someone else submit the requested evidence on my behalf?

In most cases, yes. However, it is important to confirm with the specific agency or institution requesting the evidence to ensure they accept submissions from a third party. Additionally, you will likely need to provide written consent for the other person to act on your behalf and submit the evidence.

13. Is there a deadline for submitting my response to the Initial Evidence Request?

Yes, there is usually a deadline for submitting your response to the Initial Evidence Request. This deadline will be specified in the request itself and may vary depending on the specific case or situation. It is important to submit your response within the given deadline to avoid delays or further complications with your case. If you are unable to meet the deadline, you may request an extension from the requesting authority and provide a valid reason for the delay.

14. What happens if USCIS does not receive my response by the deadline given?

If USCIS does not receive your response by the given deadline, your case may be denied or closed. It is important to submit your response before the deadline to ensure that your case can be processed in a timely manner. If you are unable to submit your response by the deadline, you may request an extension or provide a valid reason for the delay. It is ultimately up to USCIS discretion whether they will accept a late response.

15. How can I make sure all my required documents are included in my response to the Initial Evidence Request?

The best way to ensure all required documents are included in your response is to carefully review the Initial Evidence Request and make a list of all the documents that are being requested. Then, gather the documents together and double check that you have all of them before submitting your response. It may also be helpful to have someone else review your response before sending it to make sure nothing was missed.

16. Are there any filing fees associated with submitting the requested evidence?

It depends on the specific type of evidence being requested and the agency or organization requesting it. In some cases, there may be filing fees associated with submitting evidence, while in others there may not be any fees. It is important to carefully review the request and any accompanying instructions to determine if there are any fees that need to be paid. If you have questions about filing fees, it is best to contact the agency or organization directly for clarification.

17. What if some of the documents requested are not applicable to my situation?

If some of the requested documents are not applicable to your situation, you should note this in your response and provide an explanation as to why the document is not relevant or available. Depending on the specific request, you may also be able to provide alternative documentation that serves a similar purpose. It’s important to be honest and thorough in your explanation so that the requesting entity can fully understand your circumstances.

18. Can I submit additional documents to support my case even though they were not specifically requested in the Initial Evidence Request?

Yes, you can submit additional documents to support your case even if they were not specifically requested in the Initial Evidence Request. However, it is important to only submit relevant and necessary documents that directly relate to your case. Unnecessary or irrelevant documents may slow down the processing of your case. It is best to consult with an immigration attorney before submitting any additional documents.

19.Can a lawyer help me with my response to the Initial Evidence Request?

Yes, a lawyer can definitely help you with your response to an Initial Evidence Request. They can review the request and help determine the best way to gather and present the necessary evidence. They can also assist with drafting a strong and persuasive response that meets all the requirements set by USCIS. Having a lawyer by your side can greatly increase your chances of success in responding to the Initial Evidence Request.

20.Can I appeal or request a waiver if USCIS denies my case based on lack of sufficient evidence from the initial request?

Yes, you can file an appeal or a motion to reopen/reconsider if USCIS denies your case due to lack of sufficient evidence from the initial request. You can also request a waiver for certain types of denials, depending on the specific circumstances of your case. It is important to consult with an immigration attorney for guidance on the best course of action in your particular situation.