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B-2 RFEs: Common reasons and how to respond?

By March 16, 2023Immigration
A man wondering how to deal with an RFE

If you came to the U.S. as a B-2 tourist and you later filed one (or multiple) extension of status petitions, USCIS may issue a Request for evidence (“RFE”) and ask for additional documentation.

It is imperative that you submit extensive documentation as to why you need to stay in the U.S. longer, when you plan to leave, and how you plan to support yourself with your initial extension of status petition, to try to avoid an RFE.

Common B-2 RFE reasons & What documents to submit

B-2 financial resources

USCIS wants to see that you have necessary funds to support yourself during your extended visit, so you will not work without authorization in the U.S. If you received an RFE on financial resources evidence, you should submit at least 3 most recent bank statements from one (or multiple)bank accounts showing sufficient funds, investment/retirement account statements, or other evidence showing that you have cash assets and you are able to support yourself.

Intent to depart

Another common reason for an RFE is if USCIS wants to see evidence that you plan to leave the U.S. upon completion of your temporary stay – you have intent to depart. You could submit evidence such as a flight ticket, train ticket or other evidence showing that you plan to leave the U.S. in time.

Residence abroad

USCIS may also request to see evidence that you are maintaining your residence abroad. If you are in the US as a B2 visitor, you should still maintain a residence abroad and you should have no intention to abandon the foreign residence. This can include evidence such as your driver’s license, voting card, recent phone bills, letters from government authorities addressed to your local foreign address, mortgage statements or your current lease agreement, or a letter from your foreign employer explaining that your position is being held for you while you are away. You could also submit any additional evidence (e.g. statement explaining what family members are still in your home country), or any other evidence showing that you are maintaining your residence abroad.

Maintenance of status

Another reason why USCIS can issue a Request for Evidence is if they want to see that you were in a valid status when you filed the extension of status petition. They could ask you for a detailed statement explaining what activities you have been engaging in during your stay and for evidence that supports that.

For example, if you indicate that you have been travelling in California for 2 months, it would be good to submit things such as car rental/transportation receipts, hotel/accommodation receipts, bank statements showing you made local transactions, etc.

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