Too Young to Marry?

Does love conquer all, including age differences?  Can a person be too young to get married?  USCIS is grappling with this issue in its new guidance regarding marriage petitions that involve minors.

A major problem with the marriage visa system is forced marriage and fraudulent petitions. Typically, a young underage citizen is forced into marriage with a foreign national, who can then attain a visa through a I-130 petition. An I-130 petition is used to sponsor family members for immigration.  If the parties are both present in the U.S., the I-130 is typically filed with the I-485 Adjustment of Status (green card application). There is currently no statutory limit on the couple's ages and no limit on the number of available marriage visas. The immigration officials are always concerned that minors and the marriage petition system are exploited for visas.

What mechanisms are currently in place to combat this? USCIS uses an electronic flagging system to detect minor spouses and fiancés in marriage petitions. Once flagged, the petition is sent to another unit to verify the age and relationship on the petition before processing can proceed. 

The new guidance adds more concrete rules for officers to reference in the Adjudicator's Field Manual (AFM). The marriage must be (1) valid where it is celebrated, (2) valid in the state where the couple resides or will reside, (3) in accordance with the state of residence's public policy, (4) bona fide, and (5) done with the minor's full and informed consent. Officers have also been instructed to pay special attention to marriage petitions involving underage people.  

Other factors USCIS will take into consideration are if the marriage took place in a state or foreign country that allows underage marriage under certain circumstances. These circumstances can include  a judicial order, emancipated minors, pregnancy of the minor, and having parental consent.

Some underage marriages are legitimate, but it is difficult to tell through forms alone. Minors can be groomed or coerced into consenting to marriage, something not always reflected on applications. Immigration officers will use personal interviews and in-depth questioning to determine whether the marriage is legitimate and informed consent is present. Sometimes, officers may even visit the marital address to investigate the couple's habits and lifestyle.  But the addition of stricter guidelines should not otherwise affect truthful and genuine marriages.