I-130 spousal petitions: USCIS's five rules every attorney should run on intake

What changed

USCIS issued a Policy Alert on October 17, 2025, consolidating guidance on qualifying spousal relationships for family-based immigrant visa petitions into Volume 6, Part B, Chapter 6 of the Policy Manual.

The underlying rules are longstanding. What the update does is state them in one place with the current citations: place-of-celebration validity, bona fide intent, legal freedom to marry, and consistency with US public policy are the four foundational requirements for every I-130 spousal filing.

Who it affects

Every attorney filing an I-130 spousal petition — IR-1 and CR-1 immediate relative cases and F2A derivatives.

By extension, every downstream filing in the matter: the I-485 adjustment, the I-864/I-864A support package, and (where applicable) an I-130A spouse supplement.

What to do

Confirm the marriage is legally valid where it was celebrated and that both parties were legally free to marry. A prior marriage not terminated by divorce, death, or annulment under that jurisdiction's law voids the current one for I-130 purposes.

Flag any case where a party was under 16 at the time of the marriage, or where one party was 16–17 and the age gap exceeded 10 years. USCIS treats interviews as non-discretionary in those matters.

For proxy or virtual ceremonies where the parties were not physically present together, assemble consummation evidence — joint travel after the ceremony, cohabitation records, or a child's birth certificate — before filing.

If the petitioner is a lawful permanent resident who obtained status through a prior marriage within the past five years, prepare the file to the clear-and-convincing standard. Preponderance is not enough in that posture.