Yes, Unsolicited Evidence is Read and Used by USCIS

[chancecody 125]

Hello VJ Community,

 

I am just posting this for anyone who may be wondering whether USCIS reads or considers unsolicited evidence you upload to your USCIS online account when no RFE is requested. Based on our case, I would say yes after receiving my A-file via FOIA. My AOS was approved last month after waiting for over 1.5 years. Along the way, we accumulated more evidence to make our case stronger. My husband uploaded a new I-864 when I finally got a US job with evidence as the first one submitted at initial filing was very weak. We also uploaded new evidence of bona fide marriage that we accumulated since filing.

 

Being a "curious George", I elected to see what USCIS has about me so I requested my A-file via FOIA online. I received the ~1000 pages that USCIS has about me 10 days after FOIA request. The file showed that they used the unsolicited evidence to approve our case and waive our interview. We meant to give them an updated I-864 in our interview but I am glad we uploaded online instead. Our case was approved without interview. I always wondered whether USCIS uses unsolicited evidence that you upload and based on my FOIA A-file, they did. All unsolicited evidence that I thought made my case stronger were used. I just wanted to share.

[Jaydenx 6]

On 1/30/2023 at 7:26 PM, chancecody said:

Hello VJ Community,

 

I am just posting this for anyone who may be wondering whether USCIS reads or considers unsolicited evidence you upload to your USCIS online account when no RFE is requested. Based on our case, I would say yes after receiving my A-file via FOIA. My AOS was approved last month after waiting for over 1.5 years. Along the way, we accumulated more evidence to make our case stronger. My husband uploaded a new I-864 when I finally got a US job with evidence as the first one submitted at initial filing was very weak. We also uploaded new evidence of bona fide marriage that we accumulated since filing.

 

Being a "curious George", I elected to see what USCIS has about me so I requested my A-file via FOIA online. I received the ~1000 pages that USCIS has about me 10 days after FOIA request. The file showed that they used the unsolicited evidence to approve our case and waive our interview. We meant to give them an updated I-864 in our interview but I am glad we uploaded online instead. Our case was approved without interview. I always wondered whether USCIS uses unsolicited evidence that you upload and based on my FOIA A-file, they did. All unsolicited evidence that I thought made my case stronger were used. I just wanted to share.

Did they state directly they used unsolicited evidence you uploaded in the FOIA response letter? I'm still skeptical because a tons of people in this forum claim that USCIS don't even bother to look at those evidence and suggest us to bring them to the interview instead.

[chancecody 125]

6 hours ago, Jaydenx said:

Did they state directly they used unsolicited evidence you uploaded in the FOIA response letter? I'm still skeptical because a tons of people in this forum claim that USCIS don't even bother to look at those evidence and suggest us to bring them to the interview instead.

First of all, the FOIA letter would never say "yes, we approved you because you submitted unsolicited evidence!" as that is not the purpose of FOIA 🤣.

 

Yes, it is on the "Case Flags" generated by the system. One of the transactions under "Adjudication" says "No I-864 appears to qualify". The transactions shows when I uploaded the file. The unsolicited evidence is part of my A-file under FOIA. Per USCIS in your portal "You may upload additional evidence that you believe may assist USCIS in adjudicating your application, even if the evidence was not specifically requested. USCIS will consider the timeliness and relevance of unrequested evidence when making a decision about your case." In my case, it was considered. I wonder if those people you are referencing have tangible evidence about what you stated. For me, this is a PSA out of the goodness of my heart just to share to people based on one real-live case. You can choose to ignore it. The main message is it does not hurt to upload it if you think it will improve your chances. I thought the same way but my thinking was, worst-case scenario they ignore it and I bring to interview. I never had an interview as they used it.

[powerpuff 6,744]

I think you’re right. I used to think it doesn’t get looked at but it does most of the time.

 

There was a Reddit post shared here, the Reddit post was (allegedly) written by a former USCIS IO and in one of the comments he shared that most of the time they do indeed look at unsolicited evidence.

 

The thread:

The specific comment:

 

Edited February 1, 2023 by powerpuff

[roughlyworried 5]

Little late to the party, but this makes me wonder if I should add unsolicited evidence from our time together after the original petition, or to just wait till interview. 

[OldUser 6,980]

2 minutes ago, roughlyworried said:

Little late to the party, but this makes me wonder if I should add unsolicited evidence from our time together after the original petition, or to just wait till interview. 

Up to you. The original post talks about the positive experience of adding the unsolicited evidence. Whatever you prefer.

[roughlyworried 5]

26 minutes ago, OldUser said:

Up to you. The original post talks about the positive experience of adding the unsolicited evidence. Whatever you prefer.

the idea of adding the unsolicited evidence seems nice, since, if approved, when it moves on to DHS and consulate the information is already there for them. Although I know you can do that at NVC as well. There’s also the consideration that, even if I add unsolicited evidence, and I still get an RFE do I just submit the unsolicited evidence again. 

[JohnnyForeigner 35]

I have been regularly uploading pics of us together and bone fides such as joint financial stuff over the past 12 months.

 

Up to about 120 items now. 

[JohnnyForeigner 35]

Regarding the "response" from crazy cat.......

 

It cannot hurt to upload too much evidence !

 

Also, I am seeing SOME lucky couples getting fast interviews and some getting interviews waived.

 

I am sure evidence is a factor in those decisions. And it literally takes a few seconds and is free of charge.

 

But anyway, thanks for your "helpful" response.

Edited March 16, 2023 by JohnnyForeigner

[Coconutmelon 2]

May I ask, do A-files also store service requests, ombudsman reports, call logs/or transcripts with the USCIS contact center? Or chat logs with EMMA?

Edited April 15, 2023 by Coconutmelon

[JohnnyForeigner 35]

On 3/16/2023 at 10:08 AM, JohnnyForeigner said:

Regarding the "response" from crazy cat.......

 

It cannot hurt to upload too much evidence !

 

Also, I am seeing SOME lucky couples getting fast interviews and some getting interviews waived.

 

I am sure evidence is a factor in those decisions. And it literally takes a few seconds and is free of charge.

 

But anyway, thanks for your "helpful" response.

My case ( receipt date April 2022 - current processing times 80% in 38.5 months ) has had an interview scheduled.

 

This is after I requested expediting my I-485.  As I understand it, few I-485s are expedited ?

 

Did my uploading lots of pics and evidence help ? Who knows ?

 

I like to think it did not hurt and actually helped. I intend to ask if it was a factor at the end of the interview and will update you guys with the answer.

[platinum-android 4]

On 5/17/2023 at 11:14 AM, JohnnyForeigner said:

I intend to ask if it was a factor at the end of the interview and will update you guys with the answer.

 

Any update on this answer? Thank you!