USCIS Updates Guidance on Spousal Petitions in Family-Based Immigration

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Remzi G. Kulen
11 Jan 2023
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The guidance updates the USCIS Policy Manual and elaborates on how officers should evaluate marriages, including those celebrated virtually, involving minors, or in jurisdictions with differing rules.  

Under this update, spouses must still show the marriage was entered into in good faith (not just for immigration), and USCIS outlines when interviews may be required—for example, if one party was under 16 at the time of marriage or there’s a large age difference between spouses. Petitioners should also note that merely filing a Form I-130 doesn’t protect a beneficiary from removal proceedings if the individual is otherwise removable. 

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