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2.0

USCIS issues guidance on spousal relationships for family-based immigrant visas

  1. Original Date Announced

    October 17, 2025

    USCIS issued a policy alert (PA-2025-23) updating guidance in the USCIS Policy Manual on qualifying spousal relationships for purposes of family-based immigrant visa petitions. It also provides guidance on certain marriages, including marriages involving minors, marriages that violate public policy, proxy marriages, and virtual marriages.

    Among other changes, the language in the Policy Manual removes the content in AFM Chapter 21.3(K) regarding "transgender issues and marriage," which was last revised August 10, 2012, and provided guidance on USCIS's recognition of changes in gender status for the purpose of marriage recognition and set out applicants' burdens of proof. Changes are also made to guidance regarding determining the bona fides of a marriage, standards for virtual and prosy marriages, and more. Further discussion of changes can be found here and here.

    Trump 2.0 [ID #2068]

    2025.10.17 USCIS Policy Alert 2025-22 - Family-Based Immigration Spousal Petitions 2025.11.03 USCIS - Policy Manual Vol. 6 Pt. B Ch. 6 - Spouses
  2. Effective Date

    October 17, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Change in Practice
Agencies Affected: USCIS

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