Does VAWA Require Marriage? Overview
“Does VAWA require marriage?” is an excellent question and one that you should consider carefully before applying for VAWA. My name is Cheryl Fletcher and I am an immigration attorney. In this article, we will fully answer this question so that you will have a basic understanding of the VAWA marriage requirements.
Who is Eligible for VAWA?
VAWA means Violence Against Women Act and both men and women are eligible for immigration benefits under this law. It allows spouses and children who are abused by a U.S. citizen or U.S. permanent resident to apply for a VAWA green card. Abused parents of U.S. citizens are also eligible.
Vawa Marriage Requirements for an Abused Spouse
To be eligible for VAWA, an abused spouse must: 1) have resided with his or her U.S. citizen or U.S. permanent resident spouse; 2) was battered or subject to extreme cruelty during the marriage; 3) have entered into the marriage in good faith; 4) be eligible for immediate relative or preference status; and 5) be a person of good moral character.
It is important to note that your marriage must be bona fide. This means that you and your spouse intended to build a life together when you decided to marry. Evidence such as wedding photographs, joint residence, shared bank accounts, affidavits from friends and relatives, and joint utility bills can prove that you had a good faith marriage. A marriage entered solely for immigration benefits is a sham and does not qualify as a good faith marriage.
You must file the I-360 Petition for Amerasian, Widow(er), or Special Immigrant while married to the abusive spouse or within two years of the divorce, the abuser’s death or the abuser’s loss of U.S. citizenship or U.S. permanent resident status. A battered ex-spouse may remarry after, but not before the I-360 is approved, otherwise the case will be denied.
Three Types of Marriages That May Qualify for VAWA
a. Civil marriage: This type of marriage is the most common and is easy to recognize. In most cases, the state or province where you are getting married will issue a marriage license. An official or authorized person must perform the ceremony. Afterward, you apply to have the marriage recorded in the official government records. You will receive an original certificate with the marriage details. A certified copy of this document is valid for a VAWA application.
b. Common-law marriage: A common law marriage is a legally recognized marriage between two people who do not have a marriage license or ceremony. In this arrangement, two people capable of marrying live together as husband and wife and present themselves as a married couple. If your U.S. state or foreign country legally recognizes common law marriage, this is sufficient for a VAWA application. Evidence of cohabitation with your common-law spouse and a copy of the relevant law can help you prove your case.
c. Religious marriage: A wedding that meets all the statutory requirements and is performed by a religious official, rather than a civil official, qualifies as a legal marriage. This type of marriage is also recognized for VAWA purposes, as long as it is legal in the state or country where it took place.
Any of the types of marriages mentioned above are eligible for VAWA. Issues such as bigamy, consanguinity, and public policy can complicate a marriage’s validity. However, VAWA recognizes bigamous marriages if the abused spouse believes they were in a valid marriage. These issues are highly complex and it is best to speak with a qualified immigration attorney.
VAWA Marriage Requirements for a Child Beneficiary
An abused spouse’s child is automatically included as a derivative beneficiary without needing a separate petition. This includes the abuser’s stepchildren and adopted children. The marriage must have occurred before the child turned 18 years old. The child does not need to have suffered abuse or lived with the abuser. For the child to be eligible for VAWA, the marriage between the VAWA spouse and the abusive U.S. citizen or U.S. resident must have been legally recognized. The marriage does not need to be bona fide, and the abuse does not have to have occurred during the marriage. The child must be unmarried and under 21 when the I-360 is filed, but they will not “age out” even if the petition is not approved until after their 21st birthday.
Aged out Children: An abused child of a U.S. citizen or lawful permanent resident may file a VAWA petition until age 25 if he or she can demonstrate that the abuse was at least one central reason for the filing delay. To be eligible to file until age 25: 1) the child must have qualified to file before age 21; 2) there must be a strong connection between the abuse and the filing delay; 3) the I-360 must be filed before the child reaches 25; and 4) the child must be unmarried.
VAWA Marriage Requirements for an Abused Parent
Natural, adoptive, or stepparents are eligible for VAWA if the abusive U.S. child is 21 or older at the time the parent files. For stepparents, the marriage must have existed before the abusive child turned 18.
How an Immigration Attorney can Help?
After reading this article, you should have learned that the answer to the question, “does VAWA require marriage” is yes.
I have been practicing immigration law since 2015. I have helped hundreds of VAWA applicants through the application process. At my law firm, we review the facts of your case thoroughly to determine the best strategy to achieve your goals.
We have received approvals for cases that other attorneys thought were not possible.
Please fee free to reach out to us for a case evaluation.
Watch Attorney Fletcher explain the 8 eligibility requirements for a successful VAWA petition. WATCH NOW.