Forced Marriage
Note: This material is intended to help you understand the general dynamics of a forced marriage and does not provide definitions or legal advice.
Forced marriage is a marriage that occurs with one or more elements of force, fraud, or coercion, and where one or both parties do not or cannot give their consent to the marriage. Consent means that you have fully, freely, and informedly agreed to marry your future spouse and the timing of the marriage. Forced marriage can occur when family members or others use physical or emotional abuse, threats, or deception to force you into marriage without your consent.
Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault, or stalking.
Forced marriage can happen to people of any race, ethnic group, religion, gender, sex, age, immigration status, or national origin. It can happen to people of any economic and educational background.
Difference between Forced Marriage and Arranged Marriage
Arranged marriage is a common tradition in many cultures and is not the same as forced marriage. In arranged marriages, families may have a role in choosing the marriage partner, but both people are free to choose whether and when to marry. A forced marriage occurs when families or other individuals arrange for marriage and deny people the right to choose whether, when, and with whom they marry.
Difference Between Forced Marriage and Human Trafficking
Under federal law, human trafficking includes abusing or exploiting a person to force them into a commercial sex act or forced labor. Generally, this exploitation must involve force, fraud, or coercion to be considered human trafficking. (However, when the person induced to perform a commercial sex act is under 18 years of age, it is considered human trafficking even if it does not involve force, fraud, or coercion.) Forced marriage and human trafficking are distinct forms of abuse. Although both are forms of abuse that exploit the victim, not all forced marriages involve human trafficking.
U.S. Government Perception of Forced Marriage
The U.S. government opposes forced marriage and considers it a serious human rights abuse. If the victim of a forced marriage is a minor, this is also considered a form of child abuse.
The U.S. government is working here and abroad to end this practice and help people who have been forced into marriage or are at risk of forced marriage.
In some U.S. states, forced marriage is a crime, and in every U.S. state, people who force someone into marriage can be charged with violating state laws, including domestic violence, child abuse, sexual abuse, assault, kidnapping, threats of violence, stalking, or coercion. People who force someone into marriage may also face significant immigration consequences, such as being found inadmissible or removed from the U.S.
If you have been or are currently being forced into marriage, it is not your fault, and you did not violate any U.S. laws by entering into the marriage.
Forced Marriage and U.S. Immigration Benefits
If you are a U.S. citizen being forced to sponsor your spouse or fiancé(e), or a lawful permanent resident being forced to sponsor your spouse for an immigration benefit, you may withdraw your petition at any time before USCIS issues a decision, or if the petition has already been approved, before that person is admitted or has been granted adjustment of status.
Withdrawing your petition may trigger certain automatic notifications that USCIS will send to the address on file. This means that your spouse or fiancé(e) may receive a notice from USCIS indicating that you have withdrawn your petition. In that case, before withdrawing your petition, you may want to speak with an immigration organization, attorney, or accredited representative familiar with forced marriage situations to discuss your options and plan for your safety. To find an authorized immigration services provider, visit our Find Legal Services page.
If you are a foreign national who has been forced into marriage or who fears that you might be forced into marriage, you may also be eligible for immigration relief in the United States, such as:
Asylum;
Special Immigrant Juvenile (SIJ) classification;
Self-petition under the Violence Against Women Act (VAWA);
A waiver of the joint filing requirement based on abuse or extreme cruelty for family-based conditional permanent residents;
T nonimmigrant status (also known as a T visa) for victims of human trafficking; or
U nonimmigrant status (also known as a U visa) for certain eligible victims of crimes.
To find an authorized immigration services provider, visit our Find Legal Services page.
Additional Resources and Information
Information about forced marriage: U.S. Department of State and Agency for International Development
Information about human trafficking: U.S. Department of Homeland Security’s Blue Campaign
Resources for Victims of Human Trafficking and Other Crimes
Questions and Answers: Victims of Human Trafficking, T Nonimmigrant Status
Questions and Answers: Abused Spouses, Children, and Parents under the Violence Against Women Act (VAWA)
U.S. Immigration and Customs Enforcement (ICE) Hotline