Spouse/Minor Petitions Update

USCIS has released guidance

The guidance, published as an update to the USCIS Adjudicator’s Field Manual (AFM), instructs officers to conduct an additional interview for certain I-130 spousal petitions involving a minor. Generally, the bona fides of the spousal relationship are assessed in person by USCIS when the alien spouse applies to adjust status, or by the Department of State when the alien spouse applies for an immigrant visa. However, I-130 spousal petitions involving a minor party warrant special consideration due to the vulnerabilities associated with marriage involving a minor. As such, USCIS is modifying its policy to require in-person interviews at this earlier stage for certain I-130 petitions involving minor spouses.

Interviewing earlier at the I-130 petition stage provides USCIS with an additional opportunity to verify information contained in the petition and assess the bona fides of the claimed spousal relationship. USCIS officers will now conduct interviews for the following I-130 spousal petitions as part of the adjudication of any I-130 spousal petition where:

The petitioner or the beneficiary is less than 16 years old; or The petitioner or the beneficiary is 16 or 17 years old and there are 10 years or more difference between the ages of the spouses.

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