USCIS Guidance on Minors

USCIS is publishing guidance for its officers to consider when adjudicating spousal petitions involving minors.

The guidance, published as an update (PDF, 210 KB)to the USCIS Adjudicator’s Field Manual (AFM), clarifies age requirements for a petitioner filing an Affidavit of Support for a spouse in conjunction with a concurrently filed I-485, and identifies factors officers should consider when adjudicating a Form I-130 spousal petition involving a minor.

The updated guidance stresses to adjudicators that marriages involving a minor warrant special attention. When considering a petition, USCIS officers should ensure that: The marriage was lawful in the place it was celebrated; If the couple resides outside the place of celebration, the marriage is recognized as valid in the U.S. state where the couple currently resides or will presumably reside and does not violate the state of residence’s public policy, and; The marriage is bona fide, and the minor(s) provided full, free, and informed consent to enter into the marriage.

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