USCIS's RAIO Updates Guidance on Informal Marriages for Derivative Refugee and Asylee Status

Ted H. Kim, Acting Associate Director of USCIS's Refugee, Asylum, and International Operations Directorate (RAIO), issued a memorandum, effective immediately, directing RAIO to return to its prior interpretation of the place-ofcelebration rule and recognize that, in certain circumstances described in the memo, a spousal relationship may be evidenced by an informal marriage for the purposes of adjudicating derivative refugee and/or asylee claims for pending and newly filed Forms I-589, I-590, and I-730. The guidance does not apply to any other form types, including Form I-130. As of February 14, 2022, RAIO is rescinding marriage guidance previously issued by RAIO divisions: "Guidance for the treatment of refugee cases that include an informal marriage to an RE-2 derivative spouse (2018)" and "Form I-730 Informal Marriage Guidance (2019)."