On 14 February 2022, USCIS issued a new policy on informal marriages of refugees and asylees. This guide explains the new policy and how it may affect you.
The content of this guide is written by the International Refugee Assistance Project (IRAP) and is also available on IRAP's legal information website here. This website provides general information about legal processes available to some refugees. It is not meant as legal advice for individual applications. This information was revised in April 2022. Requirements may change. Always check for current requirements from the government or agency deciding your request.
"Beporsed" is privileged to publish this information with the explicit permission of IRAP, ensuring that Afghans seeking accurate and reliable guidance can access it conveniently.
Summary
On 14 February 2022, USCIS issued a new policy on informal marriages of refugees and asylees. This guide explains the new policy and how it may affect you.
Overview of the update
What is an “informal marriage”?
An informal marriage is a marriage that is not legal in the place where it happened. For example, you and your spouse were married in Sudan but the Sudanese government does not recognize your marriage, then you are informally married. Some refugees are informally married because they live in countries where refugees are not allowed to access government services. In some countries, the government will not recognize marriages between two people of the same sex, or two people from different religions. In these situations, refugees may be informally married.
When does USCIS recognize a refugee or asylee’s “informal marriage”?
In February 2022, USCIS changed its policies to recognize some informal marriages. USCIS will now recognize informal marriages in two situations:
- When spouses cannot have their marriage legally recognized because they were fleeing persecution and faced circumstances beyond their control. An example of this is if you could not marry in your home country and a country of asylum because it was not safe.
- When spouses cannot have their marriage legally recognized because of restrictive laws or practices in the spouses’ country of origin or country of first asylum. An example of a restrictive law or practice is if a country does not allow refugees to receive marriage licenses.
Does USCIS recognize informal marriages in all immigration cases?
No. USCIS only recognizes refugee and asylee marriages for three kinds of immigration benefits:
- Asylum applications (I-589)
- Refugee applications (I-590)
- Refugee or Asylee Follow-to-Join petitions (I-730)
Does USCIS recognize an “informal divorce”?
USCIS may recognize the informal divorce of an informal marriage. However, USCIS does not recognize an informal divorce of a legally valid marriage.
How can I prove that I have an informal marriage?
Spouses must show signs of marriage. This could include living together for a long time or having children together. Here are some things you could provide to USCIS to help show an informal marriage:
- Documents that show you lived together for a long time, such as a lease showing both of your names.
- Evidence that you presented yourselves as a married couple (e.g.: Using a common surname, joint bank/credit card statements, or joint health, auto, or other insurance).
- Photos or video of a marriage ceremony.
- Birth certificates of any children born to you and your partner.
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Letters from people who know you or your partner and your relationship well. They do not need to be U.S. citizens.
- They should write their full name, address, and date and place of birth.
- They should describe how they know about your relationship, such as attending your wedding or spending time with you as a couple.
- If possible, these people should have a notary sign and stamp this letter before they send it to you.
What does this mean for my case?
Refugee/Asylee Follow-to-join Petitioners (I-730 petition)
I am a refugee or asylee follow-to-join petitioner (I-730), and my case was denied because of my informal marriage. What can I do?
In some cases, you can request your follow-to-join petition to be reopened. First, USCIS allows for reopening if you were denied only because you did not have a legal marriage. Second, USCIS must have denied your petition between 14 February 2019 and 14 February 2022.
How do I request my refugee application to be opened again?
You must file an I-290B form to reopen your I-730 application.
This form may be filed past the typical 30-day filing window due to the recent USCIS update.
In the request, it may be helpful to explain how your situation meets the requirements explained in this guide above. You can also include evidence proving you have an informal marriage. We explain what evidence may be helpful in a section above in this guide.
How much does an I-290B cost?
An I-290B costs $675. Fee waivers are possible.
Asylum applicants (I-589 application)
I am an asylum applicant (I-589). How does this affect my case?
USCIS may be able to recognize your marriage under this new guidance. We recommend using the links below to find a free immigration legal service provider or private attorney to advise you on the best way to communicate with USCIS about your spouse’s eligibility.
Refugee applicants (I-590 application)
My I-590 petition was denied.
I am a refugee applicant (I-590), and my case was denied because of my informal marriage. What can I do?
In some cases, you can request your follow-to-join petition to be reopened. First, USCIS allows for reopening if you were denied only because you did not have a legal marriage. Second, USCIS must have denied your application between 29 January 2018 and 14 February 2022.
If you are unsure of the reason for your denial, look at the “Notice of Ineligibility for Resettlement” you should have received. The reason for denial will likely be category 1, “Special Humanitarian Concern” if you were denied because your informal marriage was insufficient.
How do I request my refugee application to be opened again?
To request your application to be opened again, you can file a “Request for Review” (RFR). RFRs are written submissions explaining an error in your refugee case or providing new information.
Some helpful resources on submitting an RFR:
- IRAP’s guides on how to file a RFR is here.
- USCIS’s useful tips on filing a RFR, including where you should file, is here.
In the request, it may be helpful to explain how your situation meets the requirements explained in this guide above. You can also include evidence proving you have an informal marriage. We explain what evidence may be helpful in a section above in this guide.
How much does an RFR cost?
There is no filing fee.
My I-590 was not denied.
I am a refugee applicant (I-590), and my case is on hold because USCIS asked me for marriage documentation. What can I do?
USCIS placed some informal marriage cases on hold. USCIS placed cases on hold if it thought an applicant could get documents for a legally recognized marriage.
If your case is on hold and USCIS asked you for marriage documentation, your marriage may now be recognized sooner as an informal marriage, which may help speed up your refugee application.
We recommend you contact your Resettlement Support Center (RSC) and request that USCIS recognize your informal marriage. In the request, it may be helpful to explain how your situation meets the requirements explained in this guide above. You can also include evidence proving you have an informal marriage. We explain what evidence may be helpful in a section above in this guide.
I am a refugee applicant (I-590 or I-730), and my case was split from my spouse’s case. What can I do?
USCIS may have split your case from your spouses and given you different case numbers because it did not recognize your informal marriage. If this happened to you, we recommend emailing your Resettlement Support Center (RSC) to request that your cases be consolidated (brought back together) according to the new guidelines. In the request, it may be helpful to explain how your situation meets the requirements explained in this guide above. You can also include evidence proving you have an informal marriage. We explain what evidence may be helpful in a section above in this guide.
Asking for help
You or your relative may want to ask an immigration attorney for help with this process. Here are a few resources:
- Information about asking for help from IRAP is here.
- If you are in Jordan, you can ask for IRAP Jordan’s help using this form. If the form is closed, you can check back at a later date.
- A list of free immigration legal service providers in the United States is available here.
- A list of private immigration attorneys in the United States is available here.
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