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EVERYTHING YOU NEED TO KNOW ABOUT VAWA

John Usher Nov. 14, 2021

You can file for VAWA if you are currently married to a U.S. citizen or green card holder.


If your marriage was terminated within 2 years of the date for filing for VAWA (I-360), you can self-petition for a green card, but you will need to show a connection between the acts of abuse and the ending of the marriage.


You can get divorced while the I-360 is pending.


Florida does not recognize a common law marriage therefore the marriage must be licensed to qualify for VAWA.


It is important to understand an I-360 will be denied if you re-marry before it is approved. The recommendation for most people would be to not get married with a pending I-360.


To prevail with a VAWA request, the petitioner is required to prove (1) a good faith marriage, (2) that they are a person of good moral character, (3) the abuser is a U.S. citizen or legal permanent resident, and (4) they were physically or mentally abused. As this is a discretionary matter, evidence is extremely critical.