USCIS announces updated guidance for adjudicating spousal petitions involving minors

Original Date Announced
February 15, 2019
USCIS is updating the Adjudicator's Field Manual to highlight the factors officers should consider when adjudicating a Form I-130 spousal petition that involves a minor at the time the marriage was celebrated. The new guidances states that: "a marriage that is valid in the place of celebration might not be recognized for immigration purposes if it offends the strong public policy of the United States or the state of residence." [ID #746]
USCIS Policy Alert (AFM PA-2019-01): Marriage Involving Minor(s)
Effective Date
February 15, 2019
Subsequent Trump-Era and Court Action(s)
- April 12, 2019
  USCIS Policy Alert (AFM-PA-2019-02): Marriage Involving Minor(s)
  
  USCIS updates guidance on adjudicating an I-130 where marriage to a minor is involved to provide more specifics, primarily that an interview on the I-130 should be held where either party is less than 16 years old, or where one party is at least 16 or 17 and there is 10 years or more difference between the ages of the spouses.
  View Document

Fully in Effect

Status: Final/Actual

Trump Administration Action: Agency Directive

Subject Matter: Immigrant Visas: Family-Based

Agencies Affected: USCIS

Pre Trump-Era Policies

August 27, 2018
The AFM Chapter 21.3 section on petitions for a spouse previously did not contain a subsection specifically addressing marriage involving minors and the INA does not set any minimum age requirements for the petitioner or beneficiary of a Form I-130 spousal petition. The legality of a marriage was generally governed by the law of the jurisdiction where the marriage was celebrated.
AFM Chapter 21.3, Petition for a Spouse (August 2018)