USCIS Updates Guidance on Spousal Petitions: What Families Need to Know

On October 17, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2025-23, revising the USCIS Policy Manual to clarify how the agency defines and evaluates qualifying spousal relationships for family-based immigrant visa petitions.

This update—now in Volume 6, Part B, Chapter 6 of the Policy Manual—affects U.S. citizens, lawful permanent residents (LPRs), and certain U.S. nationals filing Form I-130, Petition for Alien Relative on behalf of a foreign spouse. The new guidance is effective immediately and applies to all petitions pending or filed on or after October 17, 2025.

In this article, I explain the key changes, including USCIS’s approach to virtual marriages, same-sex marriages, and bona fide relationship evidence, and what couples should do to prepare stronger filings under the updated policy.

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What the New Policy Alert Covers

The purpose of PA-2025-23 is to ensure that marriages used as the basis for immigration benefits are legally valid, bona fide, and consistent with U.S. law and public policy. The policy also strengthens USCIS’s ability to detect and prevent marriage-based fraud early in the process.

Key highlights of the new guidance

• Defines “spouse” and clarifies which types of marriages qualify under immigration law.

• Addresses special situations, including marriages involving minors, proxy marriages, and marriages that may violate public policy.

• Confirms that virtual marriages must meet the same standards—including the place-of-celebration rule—as all other marriages.

• Affirms that same-sex marriages are fully recognized if valid where celebrated, applying the same legal standards as opposite-sex marriages.

• Emphasizes bona fide marriage evidence—petitioners must demonstrate the authenticity of the relationship before petition approval.

• Clarifies fraud bars: petitions are prohibited if the foreign spouse previously entered or attempted a sham marriage to evade immigration laws.

• Notes asylum fraud consequences: those who filed frivolous asylum applications are permanently ineligible for immigration benefits.

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Virtual Marriages: Same Rules, New Clarification

USCIS now explicitly states that virtual marriages—where the ceremony is conducted online or remotely—are subject to the same requirements as traditional or proxy marriages.

That means:

• The place of celebration rule applies. The marriage must be valid under the laws of the jurisdiction where it was performed, even if conducted virtually.

• Couples must show proof of legal authorization (such as a marriage certificate issued by a recognized authority).

• As with all spousal cases, USCIS will require evidence that the couple has a real, ongoing marital relationship, not merely a digital ceremony.

This is especially relevant for couples separated by international borders or logistical challenges who relied on remote ceremonies during or after the pandemic.

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Same-Sex Marriages: Equal Treatment Under U.S. Immigration Law

The updated policy reiterates that same-sex marriages are treated exactly the same as opposite-sex marriages. USCIS applies the place-of-celebration rule—if the marriage was valid where performed, it will be recognized for immigration purposes.

This includes marriages celebrated abroad in jurisdictions that legally recognize same-sex unions. Petitioners must provide:

• A valid marriage certificate, and

• Evidence of a bona fide relationship, such as shared residence, financial commingling, or joint activities.

By reaffirming this principle in the Policy Manual, USCIS reinforces that same-sex couples enjoy full and equal access to family-based immigration benefits.

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The Bona Fide Marriage Requirement

USCIS emphasizes that a marriage must be bona fide—entered into in good faith and not solely for immigration purposes. The agency will examine the authenticity of the relationship both when:

1. The Form I-130 spousal petition is adjudicated, and

2. The adjustment of status (Form I-485) or consular processing stage occurs.

Couples should prepare to document:

• Shared residence (leases, utility bills, joint correspondence)

• Financial ties (joint accounts, insurance policies, tax filings)

• Personal evidence (photos, travel history, communications, affidavits from friends and family)

Demonstrating authenticity early in the process can help avoid delays, Requests for Evidence (RFEs), or denials.

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Marriages Involving Minors or Public-Policy Concerns

The policy makes clear that USCIS will not recognize marriages that:

• Violate U.S. public policy, such as those involving coercion, polygamy, or child exploitation; or

• Conflict with state law, even if considered valid elsewhere.

For marriages involving a minor, adjudicators are instructed to review age, consent, and state-specific marriage laws carefully before approval. This ensures that immigration benefits are granted only for marriages recognized as lawful and legitimate under U.S. standards.

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Strengthened Fraud Detection

The updated guidance enhances USCIS’s ability to identify potential marriage fraud earlier in the petition process. The agency will review:

• Prior marriage histories,

• Discrepancies in documentation or testimony, and

• Any indication that a prior marriage was entered into solely to obtain immigration benefits.

Under the Immigration and Nationality Act (INA), anyone who previously attempted or conspired to enter into a fraudulent marriage faces a statutory bar—meaning future petitions will be denied regardless of current marital legitimacy.

This policy also integrates cross-references to asylum fraud: individuals who filed frivolous asylum applications are permanently barred from receiving immigration benefits, including marriage-based petitions.

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What This Means for Couples Filing Now

Because PA-2025-23 took effect immediately, all new and pending spousal petitions are subject to these rules. Couples should ensure that:

• The marriage is legally valid under the laws of the place where it was celebrated.

• They can present strong, consistent documentation proving a genuine relationship.

• Any virtual or non-traditional marriage is properly documented and legally recognized.

• They are prepared for potential interviews or RFEs focused on verifying bona fide intent.

At SG Legal Group, I often advise couples to treat the initial filing as the foundation for success. A complete, well-documented I-130 package significantly reduces scrutiny later in the process.

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Key Takeaways

• Effective date: October 17, 2025; applies to all pending and new spousal petitions.

• Virtual and same-sex marriages are recognized if valid where celebrated.

• Bona fide marriage evidence is essential to approval.

• Fraud-related bars may permanently prevent future petitions.

• Marriages violating public policy will not be recognized for immigration purposes.

If you are preparing to file a spousal petition, my team at SG Legal Group can help you assemble persuasive evidence and ensure your filing meets the latest USCIS standards. We advise clients on I-130 petitions, adjustment of status, and consular processing, with personalized strategies for each couple’s situation.

Consultations are available in English, Russian, or Romanian. Call 410-344-7100 or visit our contact page to schedule a consultation.