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USCIS announces updated guidance for adjudicating spousal petitions involving minors

  1. 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)
  2. Effective Date

    February 15, 2019

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
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)


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