Can you send Unsolicited Evidence to a USCIS Immigration Filing, like the I-130, I-129F, I-485, and I-751?

Immigration can be confusing, and many people realize that they may have forgotten to send something or many things to USCIS with their filing.

Now, the question for this post can also be titled:

  • Do I need to wait for an RFE to send in documents?
  • Can I send additional documents to USCIS without an RFE?
  • Can I Upload evidence to my USCIS Online Account after I paid the Filing Fee?
  • Can I mail more documents to my file?

In short, Yes, you can try to send more evidence, but that doesn’t mean USCIS will accept it. Everything depends on your situation.

Difference between Paper Filing and Online Filing:

Paper filings require you to MAIL the evidence to the address on either (whichever is most recent):

  1. the Receipt Notice
  2. the Transfer Notice
  3. the Interview Notice

Online filings can permit you to upload the evidence immediately, which can be beneficial since you immediately know the document is in your file.

Marriage-based filing compared to other types of filings:

Marriage-based filings require a lot of documents. Generally, the more evidence the better. After all, proving that you love someone usually needs a lot of documentation/evidence. However, most other filing types, like an employment-based filing or a multistep filing may not permit new evidence until the documents already submitted have been reviewed.

If you have one of the following forms pending, sending more evidence may be possible:

  • I-130
  • I-129F
  • I-485 / I-944 / I-864
  • I-751
  • N-400

General Scenarios:

  1. In the I-130 Filing, marital evidence (aka evidence to prove both spouses know each other, love each other, and plan to be with one another) should be uploaded with the filing. Even though the i-130 can be submitted by paper, almost all I-130 filings are either converted to electronic or started in the USCIS electronic system. So, a spouse could upload photos of a recent vacation, a pregnancy test, an ultrasound, a new lease, a new deed, or a few new bank statements from a joint account.
  2. In the I-485 Filing, a spouse should add as much marital evidence as possible, if more evidence can be acquired, then it should be mailed to USCIS. But, not to repeat the above scenario, let us focus on the I-944. If the foreign spouse now has their school records, diplomas, proof of health insurance, and a statement from the credit reporting agency, all of those items should be mailed to USCIS.
  3. In the I-751 Filing, the processing time of such a filing can take many years. Every 6ish months, it is good practice to update USCIS with new bank statements from joint accounts, any new photos from vacations, new joint bills, and anything else that can show a loving marriage.

What if I check the USCIS Online Case Status and it stated a Request for More Evidence is Request, what should I do?

WAIT! You should wait for the Notice to arrive. Mailing new evidence may “respond” to the RFE Notice. Which, if you fail to properly respond, USCIS could deny the filing. Plus, waiting a handful of days will not hurt. Patience is important.

If you have any worries, please speak with an Immigration Attorney. Our office offers consultations, which may be helpful. Our Website also provides a couple of good resources to help people in marriage-based immigration filings:




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