On June 24, 2025, USCIS published a new guidance clarifying what counts as a valid marriage for refugees and asylees seeking green cards. The policy took effect on March 3, 2025, and applies to any pending requests filed on or after that date.
Here’s what it means, those affected, and what you can do.
Significance of The Change
For years, visa officers usually asked whether the marriage was valid where it took place. But in practice, officers sometimes accepted religious or customary unions when civil documentation wasn’t available, especially for people fleeing conflict. The new guidance tightens that. So, officers are now less likely to recognize marriages without civil proof.
Its Impact on Immigrants
- There have been delays. Cases that used to move in months now sit for many more. Interviews take longer to schedule, and extra background checks stretch the time.
- More RFEs and denials. Your case will likely be denied if you can’t show a civil marriage certificate.
- Family separation risk. Spouses left behind may not be recognized as derivatives, keeping families apart.
- Higher costs. People have to pay for lawyers, translators, affidavits, and travel for interviews.
Why Refugees Are Especially Vulnerable
Refugees and asylees often come from places where civil systems have collapsed. Or they fled before registering marriages. Many marriages were religious or customary. Those are real marriages. But now, they’re no longer enough for USCIS.
So, if those fleeing conflict can’t prove their marriages as valid under the law in the countries where they held, USCIS may not accept the spouse as a derivative, even if they’ve lived as a married couple for years.
Steps to Take if You’re Affected
Here’s what you can do.
- Gather everything you have that counts as evidence: photos, invitations, religious certificates, community leader letters, hospital or birth records, school or NGO documents, travel records, and text threads.
- Get affidavits. Ask witnesses, like family members, neighbors, community leaders, or clergy, to write sworn statements about the marriage.
- Explain why there’s no civil record. If you fled during conflict, say so. If the registry didn’t exist, document the context.
- Prep for interviews by practicing answers. Translate documents ahead of time. Plan logistics, such as childcare, travel, and interpretation.
- Ask for legal help. Speak to a licensed immigration attorney on the ImmigrationQuestion.com attorney network. They can help prepare affidavits and respond to RFEs.
Moving Forward
Advocates and policymakers should push for fairer guidance. USCIS must adopt workable exceptions when civil registration was impossible through no fault of the applicants. Also, data showing how many refugee/asylee family cases were denied or delayed because of this rule should be published.
Get Help at ImmigrationQuestion.com
Act fast if you’re a refugee or asylee, or know someone who is. Start by gathering evidence, getting affidavits, and preparing for interviews. You can meet with licensed attorneys on the ImmigrationQuestion.com network for professional help.
ImmigrationQuestion.com was built for immigration applicants like you. Here, you can track policy updates, ask questions, and get legal help.
Frequently Asked Questions
What’s the new USCIS marriage rule?
It’s a policy saying your marriage must be legally valid in the place where it happened. It means you need a civil marriage certificate. Religious or traditional weddings alone may not count anymore.
When did this rule start?
USCIS released it on June 24, 2025, but it officially applies to all cases pending or filed on or after March 3, 2025.
How does the rule affect refugees and asylees applying for green cards?
If you’re a refugee or asylee filing for yourself or your spouse, USCIS must now confirm your marriage as valid. Otherwise, your spouse will not be recognized as a derivative even if you’ve been living as a couple for years.
What if my marriage isn’t registered with the government?
You may need to show another form of recognition under local law. This could mean getting affidavits, photos, religious certificates, or letters confirming your marriage. Still, there’s no guarantee that USCIS will accept this as valid proof.
What is USCIS’s reason for the new rule?
It’s part of the new administration’s immigration crackdown efforts. It is to reduce marriage fraud, but many people, especially refugees, are hurt by this because they couldn’t register marriages in war zones or refugee camps.
How long is USCIS taking now for refugee green cards?
There is no set timeline, but it’s taking longer than before. The pause and extra vetting early in 2025 created delays that are still being felt.
What should I do right now?
Start gathering evidence and legal affidavits. Anything that shows your marriage is real and recognized by the law of the country. Talk to a licensed immigration attorney on the ImmigrationQuestion.com network for professional advice.
