Be proactive!

After mailing in your petition, can you still submit additional evidence even without receiving a Request For Evidence?

This is a question presented to me by a client who came to me worried that her initial submission of a spousal petition could be denied for insufficient evidence of bona fide marriage. When I reviewed the copy of her submission, I noticed that there were several inconsistencies in the form and most importantly, the documentary proofs of the good faith marriage, in my opinion, were not strong enough for a favorable decision.

However, the petition was already submitted. The question now becomes whether we could submit more evidence after the petition was filed without being issued an RFE. My take on this issue is that we could as long as USCIS has not acted upon the initial petition and there is a change of circumstances that are favorable to the petition. For example, I had a client before who while the petition was pending, became pregnant and ultimately gave birth. Without being asked to do so by USCIS, we sent in the child's birth certificate, photos, health records, medical certificate and other evidence showing the child's birth. We then got approved.

The lesson here is: Be proactive! Do not wait for an RFE. Remember the recent memo that USCIS can easily deny the petition without asking for RFE. And waiting, preparing to respond and replying to USCIS takes a lot of time which will just further delay your petition. Submit any additional evidence if you have one and make sure you instruct USCIS that your latest submission forms part of the initial submission.