On October 17, 2025, U.S. Citizenship and Immigration Services (USCIS) released a new Policy Alert on Family-Based Immigration: Spousal Petitions. This update immediately changed how officers evaluate the validity of marriage-based petitions and the evidence required to prove a qualifying relationship. For families with pending marriage-based or other family-based petitions, these changes may affect processing times, Requests for Evidence (RFEs), interview expectations, and overall case strategy.
Here’s what the new 2025 memo means for immigrants in Texas and across the country.
What the October 2025 USCIS Memo Changed
The 2025 Policy Alert updates several sections of the USCIS Policy Manual related to:
- How officers determine whether a marriage is bona fide.
- What types of evidence carry the most weight?
- When interviews may be waived.
- How prior immigration history or marriage inconsistencies are evaluated.
- Additional scrutiny is applied to specific high-fraud categories.
While USCIS did not change the legal standard (marriages must still be entered in “good faith”), the memo clarified evidence requirements and tightened review procedures that officers must follow.
Key Highlights: What Applicants Should Expect
- More Detailed Review of Financial Integration
The memo emphasizes joint financial responsibility as a key factor.
Officers may now give more weight to:
- Joint taxes.
- Shared bank accounts.
- Combined insurance policies.
- Co-owned property or leases.
Couples with limited joint finances may need stronger supporting evidence.
- Greater Weight on Consistency Across Records
The memo directs officers to compare:
- Statements made in previous visa applications.
- Adjustment interviews.
- Prior filings.
- Employment or travel history.
Any inconsistencies—even small ones—may trigger an RFE or interview.
- Updated Guidance on Culturally Traditional Marriages
For marriages that do not follow Western customs, like no shared household before marriage, no photos, no commingled finances, the memo provides new guidance on evaluating:
- Religious or cultural ceremonies.
- Family affidavits.
- Community recognition of the relationship.
This is a significant improvement for many immigrant families in Texas whose marriages may not fit typical USCIS expectations.
- Expanded List of “Fraud Risk Indicators”
USCIS now instructs officers to look closely at:
- Large age differences.
- Minimal shared language.
- Short relationship timelines.
- Online-only relationships.
- Marriages following prior immigration violations.
These do not automatically lead to a denial, but they may trigger interview requirements and deeper scrutiny.
- New Interview-Waiver Criteria
The memo expands situations where officers may waive interviews for I-485 applicants, including when:
- The petition contains strong, consistent evidence.
- There are no prior fraud findings.
- Both spouses have stable immigration histories.
This could reduce processing times for strong cases.
How This Memo Affects Pending Petitions
If your family-based petition is already pending, here’s what you can expect:
- More RFEs in borderline cases.
USCIS officers now issue RFEs more often when evidence of a bona fide marriage is thin or inconsistent.
- Interview requests for cases that previously may have been waived.
Even if your attorney expected no interview, the new criteria might change that.
- Re-review of evidence previously submitted.
Officers may now revisit or reweigh evidence already in the file.
- Longer processing times in high-fraud categories.
This includes cases involving prior visa overstays, marriage history abroad, or limited shared finances.
How Peek Law Group Helps Texas Families Navigate the 2025 Changes
The 2025 memo makes it harder for families to navigate the process on their own — especially those with older evidence, cultural differences in marriage, or prior immigration complications.
Peek Law Group helps by:
- Reviewing your entire file under the new 2025 criteria.
- Identifying risk factors before USCIS does.
- Strengthening your evidence package.
- Preparing you and your spouse for your interview.
- Responding to RFEs with targeted legal arguments.
- Helping reduce delays and avoid unnecessary denials.
Whether your petition is pending in San Antonio, Austin, or elsewhere in Texas, our team ensures your case meets the updated expectations.
What This Means for Your Immigration Journey
The October 2025 DHS/USCIS memo does not change who qualifies for marriage-based immigration. However, it does change how cases are evaluated and how easily minor issues can derail a petition. Pending cases are the most vulnerable because officers will now apply the new standards to files prepared before the memo existed.
If your family-based petition is pending, now is the right time to review your documentation and strategy with an experienced immigration attorney. Call 512-746-7336 or fill out our online form to contact Peek Law Group in San Antonio for a confidential consultation.
