Can I remarry while my VAWA petition is pending?

Can I remarry while my VAWA petition is pending?

Getting divorced from your abuser will not affect your VAWA application. However, if you get married before your VAWA application is approved, USCIS will deny your VAWA application. Even if USCIS does not discover your new marriage until after USCIS approves your VAWA application, USCIS will revoke the approval of your application.

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I am preparing to apply for a green card through VAWA, do I have to get divorced before I can file?

I am preparing to apply for a green card through VAWA, do I have to get divorced before I can file?

You can apply for a green card through VAWA even if you have not divorced from your abusive spouse. Often, the non-immigrant spouse cannot leave or divorce the abuser because of limited financial resources and threats to their safety from the abuser. USCIS does not penalize an abused spouse for remaining in the household with their abuser. When you submit your VAWA petition, you should write a personal statement that explains the abuse you suffered and why you have not divorced from your abusive spouse. 

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Can I apply for VAWA if I get a divorce?

Can I apply for VAWA if I get a divorce?

Yes. You can file a Form I-360 VAWA petition if the marriage was terminated within two years prior to the date you filed Form I-360. You must also demonstrate a connection between the termination of the marriage and the battery or extreme cruelty you suffered.

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