Modern Tools

Can I remarry after filing VAWA?

Can I remarry after filing VAWA?

What if I remarry? If you remarry before the approval of a VAWA petition, it will be denied. Remarriage after approval will not invalidate the petition or grant.

Is there a fee to file a VAWA case?

There is no filing fee for self-petitioning a VAWA case. Note: Form I-360 can be used for many different purposes so you will not need to fill out the entire form.

Can a spouse of an immigrant file for VAWA?

Investigators have to treat the American spouse as a “prohibited source of information” if the immigrant spouse claims abuse. To protect the immigrant’s safety, investigators are not even allowed to tell the American their spouse filed for protection under VAWA.

Can a child be included in a VAWA petition?

Unmarried children under 21 can be included on a battered spouse’s (or ex-spouse’s) VAWA self-petition. For ex-spouses, if marriage ends in divorce because of abuse or cruelty, you can still file a VAWA petition within two years of the end of the marriage. Similarly, if the abuser dies, you can file a VAWA petition within two years of the death.

Can you work while your VAWA case is being reviewed?

Sadly, you are not authorized to work while your VAWA case is being reviewed. You can, however, apply for the work permit Form I-765 with your I-360 to avoid the fee that is tacked on when you apply for the work permit alone. Ultimately, it is up to USCIS to approve your work permit.

What happens if you remarry after filing a VAWA petition?

If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. However, if you remarry prior to the approval of the VAWA petition, the petition will be denied.

Unmarried children under 21 can be included on a battered spouse’s (or ex-spouse’s) VAWA self-petition. For ex-spouses, if marriage ends in divorce because of abuse or cruelty, you can still file a VAWA petition within two years of the end of the marriage. Similarly, if the abuser dies, you can file a VAWA petition within two years of the death.

Can you file a VAWA petition if the abuser dies?

Similarly, if the abuser dies, you can file a VAWA petition within two years of the death. If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. However, if you remarry prior to the approval of the VAWA petition, the petition will be denied.

Do you have to live in the US to file a VAWA complaint?

You Must Reside in the U.S. (With Few Exceptions) In most cases, you must reside in the U.S. in order to file a petition under VAWA. However, you can file if you are living abroad if the abuser is an employee of the U.S. government or armed services, or the abuse occurred in the United States.