U.S. Department of Homeland Security 

U.S. Citizenship and Immigration Services 

Refugee, Asylum and International Operations Directorate 

Camp Springs, MD 20588 

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0 U.S. Citizenship

: ; and Immigration ~ ' s . ~( ~o S~C.,~.,_ ernces 

Memorandum 

TO: All Refugee, Asylum and International Operations (RAIO) Employees 

Digitally signed by TED H 

TED H KIM ~~'!: 20220214 FROM: Ted H K·m • I 13:52:20 -05'00' 

Acting Associate Director 

Refugee, Asylum and International Operations 

SUBJECT: Revised Guidance on Informal ("Camp") Marriages 

PURPOSE 

As of the date ofthis memorandum, RAIO is rescinding marriage guidance previously issued by 

RAIO divisions: "Guidance forthe treatment ofrefugee cases that include an informal marriage 

to an RE-2 derivative spouse {2018}1" and "Form 1-730 Informal Marriage Guidance (2019}.2 " 

RAIO officers shall no longer apply this previous guidance . RAIO will instead return to the prior 

interpretation of the place-of-celebration rule, recognizing that, in certain circumstances, a 

spousal relationship may existfor the purpose of obtaining derivative refugee and/ or asylee 

status if there is evidence of an informal marriage for adjudications of Form 1-589, Application 

for Asylum and for Withholding ofRemoval, Form 1-590, Registration for Classification as 

Refugee, and Form 1-730, Refugee/ Asylee Relative Petition . 

DISCUSSION 

Historically, informal ("camp" ) marriages have been recognized in certain circumstances for the 

purpose ofrefugee adjudications due to the unique and humanitarian nature of refugee 

status.3 The legacy Immigration and Naturalization Service (INS) Refugee Program had a long1 See memorandum by theformer RAIORefugeeAffairs Division, entitled"Guida nceforthe treatment of refugee 

casesthat include an informal marriage to an RE-~derivativespouse" (dated May 3, 2018) "(RAD 2018 Marriage 

Guidance"). 2 See memorandum by theformer RAIO International Operations Division, entitled " Form l-i30 Informal 

Marriage Guidance" (dated Feb.14.2019) ("10D 2019 Marriage Guidance"). 

3 The term "informal marriage" includes marriages that are not legally recognized in tr e place of celebration for 

the reasonsdescribed in this memo. While the term"camp" marriage was historically used to describe 

recognition ofcertain marriages for the purpose of refugee classification, the term "informal marriage" includes 

marriages that may have occurred outside of a camp, and marriages a refugee is unable to perfect in their 

www.uscis.gov 
standing practice of interpreting the meaning of derivative spouse 4 to permit the recognition of 

informal marriages in certain circumstances because a country of first asylum may not permit, 

or may deny individuals access to, marriage under its jurisdiction. Until 2018, USCIS maintained 

this INS-initiated approach for refugees and recognized this as a narrow exception to the placeof-celebration5 rule for refugee informal marriages. 6 

RAIO divisions issued revised marriage guidance pertaining to the place-of-celebration rule on 

January 29, 20187 for accompanying refugee applicants and February 14, 20198 for followingto-join refugee and asylee beneficiaries. Under this revised framework, a marriage was 

recognized for immigration purposes only if the marriage was valid under the law of the 

jurisdiction in which it was performed. Upon the issuance of the 2018 and 2019 guidance, RAIO 

no longer applied the narrow exception to the place-of-celebration rule w hich had previously 

been in effect. 

Neither the federal courts nor the Board of Immigration Appeals (BIA) have addressed the 

unique circumstances of refugees who are unable to return to their country of citizenship or 

origin to marry, and w ho are also not afforded the same rights or access to institutions as 

citizens and other residents to marry or have their marriages recognized by the government of 

countryoforigin orcountryoffirst asylum. liherefore, RAIO will use the term "informal marriage". The term 

"informal marriage,"for purposes of thismemorandum,does not include marriages thatare legally valid in the 

placeof celebration even if they lack formality, such ascertain common law marriages. 4 An accompanyingorfollowing-~o-)::>in spouse as expressed in Immigration and NationalityAct (INA) section 

207(c)(2)(A). 5 USCIS is generally bound by the "place-pf-~elebration" rule that requires the legal validity of a marriage be 

determined by the law of the place wherethe marriagewas celebrated for immigration purposes. See, e.g., 

lJSCIS Palicy ManualVal 12, Pa rt G, Chapter 2 (citing toMatter ofLovo-~ara, 23 l&N Dec. 746 (BIA 2005); Matterof 

Do Silva,15 l&N Dec. 778 (BIA 1976); Matter ofH-j ~ l&N Dec 640 (BIA 1962)). 6 The legacy INS Refugee Program had alongstanding policyto interpret INA 207(c)(2)(A) (providing for 

derivative refugee status for the spouse of an individual admitted asa refugee) as allowing t~e recognition of 

"camp marriages" in certain circumstances. When LSCIS was established it maintained this approach.and 

continued to do so for refugees who were prevented from complying with formalmarriageregistration 

requirements based on circumstancesthat are beyond their control and result directly or indirectly from their 

flight from persecution. In 2006,RAIO formalized the de facto recognition of a narrow exception to the place-pfcelebration rule for refugee informal marriages. The exception was applicable to the marriagesofrefugeeswho 

were unable to lawfully marry orhavetheir marriages recognized by the authorities of the host country on the 

basis that the restriction(s) resulted from their flight from persecution. On May28,2015, RAIO issued internal 

guidance memorializing this interpretation. 7 See RAD 2018 Marriage Guidance. The guidance rescinded the previous RAD marriage guidancethat 

recognized the narrow exception, and stated instead that the place-pf-~elebration rule should now apply in 

determining eligibility for refugee derivative spouses. Note, theJanuary29, 2018 guidance was superseded by 

the RAD May 3, 2018 guidance. Seeolso Response to Query from Refugee Affairs Division, Policy Branch 

regarding Guidance forthetreatment of refugee cases thatinclude an RE-~ derivative spouse, dated Feb. 14, 

2019. 

8 See I·) D 2019 Marriage Guidance. The gu idanee stated,"... there a re no exceptions to the generaI place-pfcelebration rule that we mayapply to maintain bona fide family unitswhose unionsare not valid under 

applicable foreign laws." 
the country to which they have fled. Further, the BIA has neverexplicitly prohibited the longstanding narrow exception RAIO previously recognized . 

On February 4, 2021, the President issued Executive Order (E.O.) 14013 on Rebuilding and 

Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on 

Migration, which provided an opportunity for RAIO to review its current informal marriage 

policy.9 As a result of this review, RAIO has determined that renewing t he legally permissible 

narrow except ion to t he place-of-celebrat ion rule for derivative refugee and/or asylee spouses 

furthers OHS directives in E.O. 14013, is consistent with long-standing RAIO policy and practice, 

and promotes family unity. Without t his narrow exception, individuals in committed 

relat ionships with ref ugees and asylees who are unable to formally perfect their marriage could 

remain separated from their families and may need to independently establish access to the 

U.S. Refugee Admissions Program and eligibility as a refugee. 

Therefore, RAIO will return to its prior interpretat ion of the place-of-celebration rule, which 

recognizes t hat in certain circumstances a spousal relationship may exist for t he purposes of 

obtaining derivative refugee and/or asylee status if t here is evidence of an informal marriage . 

IMPLEMENTATION GUIDANCE 

Effective immediately, RAIO is rescinding the marriage guidance previously issued in 2018 and 

2019: "Guidance for the treatment ofrefugee cases that include an informal marriage to an RE2 derivative spouse,"and "Form /-730 Informal Marriage Guidance"and all associated 

materials, or portions thereof, developed in reliance on these guidance documents. RA IO will 

instead return to its prior interpretation of the place-of-celebration rule and will recognize that, 

in certain circumstances described below, a spousal relationship may be evidenced by an 

informal marriage for the purposes of adjudicating derivative refugee and/orasylee claims for 

pending and newly filed Forms 1-589, 1-590, and 1-730.10 

9 The E.O. directs the Depa rtmentof Homeland Security (OHS) to consider appropriate actions to recognize 

"spouses" for purposes of derivative status in the U.S. RefugeeAdmissions Program, includingsame-~ex, 

interfaith orcamp-pased marriages. The E.O. also directs OHS to administer U.S. humanitarian programs to 

reflect the principle that family reunification is in the nationa Iinterest. See Sections l(f) and 4U) of Executjye 

order 14013, Rebuilding aad Eobaociog Programs to Resettle Refugees and Plaaoiag foctbe Impact ofClimate 

ChaaQeaa Mi"rntioa,36 Fed. Reg. 8,839 (Feb. 9, 2021). This memorandum addresses guidance concerning 

informal marriages only for certain RAIO adjudications. 10 RAIO has weighed alternatives to thismemo and considered ifthe change in policy to revert to the 2015 policy 

implicates any relia nee interests, if reliance interests were significant, and weighed any relia nee interests 

against competing policy concerns. RAIOcannotthinkof any party that would have taken actions or incurred 

economic costs based on RAIO continuing to not recognize marriages unrecognized in the place of celebration 

(informal marriages). Therefore, RAIO has concluded thatthereare no seriousrelianceintereststhat would be 

negatively affected by rescinding the cu rrent marriage guidance and recognizing that a spousal relationship 

may exist ifthere is evidence of an inform a Imarriage. RAIO will reconsider previously denied Forms 1-590 or 1-

730 in accordance withthisguidancesubjectto further instructions (note the previous guidancedid notapplyto 

the Form l-~89). 
This guidance outlines an exception to the general place-of-celebration rule for certain RAIO 

adjudications where the spouses demonstrate that they are unable to have their marriage 

legally recognized in the place of celebration as a result of their fl ight from persecution and 

circumstances beyond their control

11 or due to restrictive laws or practices in their country of 

origin or country of first asylum. For the exception to apply, spouses who have been prevented 

from obtaining a valid marriage or formal perfection of the marriage must also show indicia of a 

marriage.12 

Thus, for Forms 1-589, 1-590, and 1-730, RAIO officers may be able to recognize the following: 

• Informal marriage 

• Informal divorce of an informal marriage 

• Informal marriage following the informal divorce of an informal marriage 

However, RAIO officers are not able to recognize the following: 

• Informal divorce of a legally valid marriage recognized in the place of celebration 

• Subsequent marriage (informal or legal) following the informal divorce of a legally valid 

marriage recognized in the place of celebration. 

During the adjudication of a Form 1-589, 1-590, or 1-730, RAIO officers shall not apply or consider 

any guidance or materials that are inconsistent with this memorandum. RAIO w ill update any 

internal resources as needed to align with this guidance. RAIO officers may direct questions 

regarding this guidance to t he appropriate HQ mailbox. 

I 

I 

USE 

This Policy Memorandum is int ended solely for t he guidance of RAIO officers in t he 

performance of their official duties, but it does not remove their discretion in making 

adjudicatory decisions. It may not be relied upon to create any right or benefit, substantive 

or procedural, enforceable under law or by any individual or other party in removal 

proceedings, in litigation wit h the United States, or in any other form or manner. 

11 Failureto perfect amarriage may include, for exampie, inability to comply with for maIregistration 

requirements in thatjurisdict on. Additional Examples of circumstances beyond the couple's control and 

relating to the flight from persecution wouId include but are not limited to an inability to accesshost country 

institutions due to refugee policiesor conditions, discriminatory governmentpolicies or practices, or other 

consequ~nces ofthe flight from persecution. 12 Anon-~xhaustive list of indicia of a marriageincludesthe color of a marriageceremony, cohabitation over a 

period of time, holdingthemselves outto bespouses over aperiodoftime and children born to theunion.