U.S. Citizenship and Immigration Services (USCIS) has issued a new policy alert published on October 17, 2025, revising the USCIS Policy Manual to provide updated guidance on qualifying spousal relationships for purposes of family-based Form I-130 immigrant visa petitions (green card status or legal permanent residency) under the Immigration and Nationality Act (INA). The policy is effective immediately and applies to petitions pending or filed on or after October 17, 2025.
The following key updates summarize the main changes and clarifications to the green card immigrant visa petition for spouses introduced by this policy alert:
- Definition of Spouse and Recognized Marriages for Form I-130 Green Card Petitions
The update defines which marriages are legally recognized for the Form I-130 immigrant visa petition green card (legal permanent residency) case. It specifies that only marriages that are legally valid where they were celebrated and not contrary to U.S. public policy qualify.
USCIS now explicitly addresses:
- Marriages involving minors, emphasizing that these may raise public policy concerns depending on state or foreign laws.
- Proxy marriages, which are recognized only if they are later consummated and valid under the law of the place of celebration.
- Marriages violating public policy, such as those entered into under coercion or in violation of state criminal laws, will not be recognized.
- Virtual Marriages
USCIS clarifies that marriages performed through virtual or online ceremonies, for example, via videoconference platforms, must comply with the same legal standards as in-person ceremonies.
The determining factor is the place-of-celebration rule, meaning that the marriage must be valid under the laws of the jurisdiction where it was performed, even if the couple resides elsewhere.
USCIS emphasizes that a state’s refusal to recognize virtual marriages does not affect validity if the marriage was lawfully celebrated in a jurisdiction that allows such ceremonies.
- Same-Sex Marriages
The policy reaffirms that same-sex marriages are treated equally to opposite-sex marriages for immigration purposes. The same evidentiary and adjudicatory standards for processing the Form I-130 immigrant visa petition apply.
A marriage between individuals of the same sex will be recognized if it is legally valid in the place of celebration, regardless of the couple’s current residence or the state’s recognition laws.
This ensures continued consistency with post, Windsor and Obergefell v. Hodges US Supreme Court case precedents affirming marriage equality under federal law.
- Eligibility and Adjudication Guidance
USCIS consolidates existing instructions on eligibility requirements for spousal petitions, including necessary evidence to prove the validity of the marriage and the bona fides of the relationship. The new policy provides additional direction on interviews, noting that officers have discretion to require one if further verification is needed. It also clarifies how adjudicators should handle discrepancies in evidence and evaluate intent at the time of marriage formation.
- Bona Fide Marriage Requirement
The update reinforces that a petitioner must establish the marriage was entered into in good faith, with the intent to build a life together, and not solely to obtain an immigration benefit.
Evidence such as joint financial records, cohabitation, shared assets, correspondence, and affidavits from family or friends remains central to demonstrating good faith.
USCIS will continue to assess each case based on the totality of the circumstances and requires a bona fide marriage determination before petition approval.
- Statutory Bar for Fraudulent Marriages
The guidance reiterates that individuals who have attempted or conspired to enter into a fraudulent marriage to evade immigration laws are permanently barred from receiving any future immigration benefits based on marriage. Adjudicators must review any evidence of prior fraudulent conduct, including findings from earlier USCIS or consular adjudications, when evaluating new spousal petitions.
- Frivolous Asylum Filings
USCIS also confirms that individuals who have filed a frivolous asylum application are permanently ineligible for immigration benefits, including family-based petitions.