[fooker]

There's a list of qualifying criteria on the USCIS website. You have to satisfy at least three out of the eight or so.

The issue is it's a bit subjective, a lawyer writes down how you qualify and some random government employee has to believe what the lawyer wrote.

If you receive a RFE or rejection, all your dealings with USCIS will face extra scrutiny in future. So it's a bit of a gamble.

[sjtgraham]

The evidentiary standard is preponderance of evidence, i.e. there is a greater than 50% chance what is claimed clears the statutory bar.

RFE's and rejections don't cause problems by themselves. A denial can cause problems if the reason for denial is fraud or misrepresentation.