Applying for VAWA? Do Not Get Married
If you are applying for VAWA or have a pending VAWA self-petition, do not get married to someone while your case is pending. M arrying before your VAWA self-petition is approved can affect your eligibility and may put your immigration case at risk. If you have questions about getting married while applying for VAWA, speak with an experienced immigration attorney before taking any action.
VAWA allows certain individuals who have experienced battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child to seek immigration protection without relying on their abuser. A VAWA self-petition is generally filed using Form I-360.
Why Can Marriage Affect a VAWA Case?
One of the most important rules for VAWA self-petitioners is that remarrying before the VAWA self-petition is approved can affect eligibility.
USCIS guidance specifically provides that a VAWA self-petitioning spouse may remarry after USCIS approves the self-petition without affecting the approved VAWA petition or the person’s eligibility to become a lawful permanent resident.
However, remarrying while the Form I-360 is still pending can result in the VAWA self-petition being denied. USCIS’s regulations and policy recognize remarriage before adjudication as a basis for denial of a VAWA self-petition.
This is why someone with a pending VAWA case should not assume that getting married to a new partner is harmless simply because the new marriage is genuine.
“But I’m No Longer With My Abuser”
Leaving an abusive relationship does not mean you lose your VAWA protections.
In fact, VAWA is specifically designed to allow qualifying victims to pursue immigration benefits independently from their abuser. USCIS explains that VAWA self-petitioners may seek lawful permanent residence after their self-petition is approved.
The important distinction is between ending the relationship with the abuser and entering into a new marriage.
A divorce or legal termination of the marriage to the abuser generally does not automatically destroy a properly filed VAWA case. USCIS states that, after a VAWA petition has been filed, legal termination of the marriage will not usually affect the status of the petition.
Remarrying someone else, however, is a different situation.
What Happens If You Get Married Before Your VAWA Is Approved?
If you are a VAWA self-petitioning spouse and you marry another person before USCIS approves your Form I-360, you could lose eligibility for the pending self-petition.
That can potentially affect not only the I-360 itself, but also immigration benefits that depend on the VAWA petition.
This is particularly important for individuals who also have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, or an employment authorization application connected to the VAWA case.
Because every immigration case is different, you should not assume that getting married will simply change the basis of your case or that you can later switch your case to your new spouse.
What If I Really Want to Get Married?
If you have a serious relationship and are considering marriage while your VAWA case is pending, talk to your immigration attorney before setting a wedding date or obtaining a marriage license.
Your attorney can review:
• Whether your VAWA self-petition has already been approved
• Whether your Form I-485 is pending
• Whether you have another possible immigration pathway
• Your current immigration status
• Your relationship with your new partner
• Whether marriage could affect your eligibility for the pending VAWA case
• What options may be available if you want to marry before your immigration case is completed
There may be circumstances in which a different immigration strategy is available, but you should understand the consequences before taking action.
VAWA Approved? Talk to an Attorney Before Getting Married
Even if your VAWA self-petition has been approved, do not assume that you can immediately get married without affecting your immigration case. The impact of marriage can depend on your individual circumstances and the stage of your immigration process.
If your VAWA case has been approved and you are considering getting married, talk to an experienced immigration attorney first. An attorney can review your case, explain how marriage may affect your VAWA-based immigration benefits, and clarify what steps you should take before getting married.
Do not make a major immigration decision based on general information alone. Contact an attorney and get advice specific to your case before you get married.
Do Not Risk Your Immigration Case Without Legal Advice
VAWA cases are designed to provide protection and independence to individuals who have experienced abuse. But immigration laws contain specific eligibility requirements, and certain life events can affect a pending case.
Getting married is a major life decision—but when you have a pending VAWA case, it can also be an important immigration decision.
Before getting married, speak with an experienced immigration attorney who can review your individual circumstances and explain how marriage could affect your VAWA self-petition and any related immigration applications.
If you have a pending VAWA case and are considering marriage, contact Delgado Law Firm, PLLC before making any changes to your situation. Protect your immigration case by understanding your options first.
This blog is for general informational purposes only and does not constitute legal advice. Immigration cases are highly fact-specific, and you should consult with a qualified immigration attorney about your individual circumstances.