I am Supriya Gill, a licensed lawyer and in this article, I will be providing insights on does VAWA require marriage, the situations of invalid marriage or live-in couples without marriage and how they can apply for VAWA.
VAWA stands for the Violence Against Women Act which is an immigration benefit that allows individuals both men and women to self-petition for a green card on their own based on being the victim of abuse or domestic violence from either a US citizen or resident spouse. Other eligible people who can apply for VAWA are children and parents of abusive US citizens or LPR.
To be eligible for VAWA it is necessary to show that the applicant is married to a US citizen or LPR. If there was divorce in terms of marriage to a US citizen or green card holder, you have to apply for VAWA within two (2) years of divorce. After two years, you will no longer be qualified to apply for VAWA self-petition. The same applies if your US citizen spouse has lost or renounced their citizenship status or green card status.
Does VAWA explicitly require marriage for self-petition?
Being married to the abusive US citizen or LPR is a requirement to apply for VAWA self-petition. But if you are divorced, then also you can apply for VAWA within two years of divorce.
If you ended up not being married to this abuser but thought that you were legally married that could potentially still work if you believed in good faith that you had a legal marriage. For instance, if the abuser is married to multiple people and that made your marriage invalid, there could be several circumstances where you might believe you are legally married but you are not, potentially you could still qualify for VAWA.
When you are self-petitioning for your green card through VAWA, you still need to prove to USCIS that you are in a bona fide marriage. It is necessary to prove that you are married to a US citizen or a LPR.
You also need to provide evidence that your marriage was genuine such as a marriage license, pictures together at the wedding, joint lease agreement, joint bank statements, and any evidence you have to show that you are or were in a true relationship.
If you are divorced or separated from your spouse because of the abuse and you’re finding that it’s difficult for you to provide some of this evidence because you don’t have access to these pictures that you once had when you were in that relationship. Pictures are not a requirement although they are really strong evidence to show that you were in a bona fide marriage.
How to Get a Green Card Through VAWA When Your Marriage Isn’t Valid?
If you are living with a US citizen or LPR and in apprehension that they will refuse to get married but you are living together or you have a child together, whatever the case may be, do you still qualify for VAWA?
Whenever you have a VAWA case, one of the requirements in a VAWA case is that you must have a qualifying relationship. A qualifying relationship means that all previous marriages that you had have been legally terminated and you are married to your spouse.
1. Living together without legally marrying
There is a great area in cases, where people are living together and not married or have a child together, are you eligible to file for VAWA in a case like this? It depends, if you are living in a common-law marriage state then you may be eligible for a VAWA case based on the fact that USCIS recognises common-law marriages as long as it is valid in your state of residence.
Generally, you need to have the regular marriage certificate as proof of bonafide marriage but if you do not have a marriage certificate then the question is do you live in a common law marriage state if the answer is affirmative then USCIS is required to recognise that marital union as a valid qualifying relationship for a VAWA case. States such as Colorado, Montana, etc.
One thing for you is to recognise common law marriage and the other for you is to able to prove that you have got common law marriage. States such as Texas have legal documents to be provided to you as proof of your common-law marriage. That makes it very straightforward in a State like that.
Alternatively, you can submit an affidavit to show and narrate why your relationship qualifies as common law marriage and as long as it is recognised in your state of residency as a valid common law marriage then USCIS will regard it and acknowledge it as a legal and qualifying relationship for VAWA cases.
Some states will not give you anything, for instance, Alabama used to be a common-law marriage state but common-law marriage was abolished in Alabama as of January 2017. However, in s state like Alabama if you were in common law marriage with that partner prior to January 2017, then that marriage will still be a valid marriage marriage in Alabama. The requirement to prove common law marriage is state-specific.
2. Invalid marriage but the applicant thought it to be valid
One of the things that you need to show to get a VAWA green card is that your marriage was valid but what happens if you find out that it was not valid? For instance, if you are currently married to someone and they were previously married to someone else but they did not finalise that divorce for whatever reason maybe they never filed or maybe the divorce just was not handled properly.
You can’t be married to more than one person at the same time, that means your current marriage is not valid. There is an exception for people applying for VAWA. So, if you are married to a US citizen and you thought you were getting into a valid marriage and you at some point suffered abuse at the hands of this US citizen, they will count your marriage as valid for getting VAWA.
Conclusion
The Violence Against Women Act (VAWA) serves as a crucial immigration benefit for individuals who have been victims of abuse or domestic violence perpetrated by a U.S. citizen or resident spouse. While VAWA does require a qualifying relationship, often manifested through marriage, this article has shed light on various scenarios where marriage may not follow conventional norms, yet individuals can still seek protection under VAWA.
The intricacies of VAWA eligibility extend beyond conventional marital norms, encompassing cases of divorce, common-law marriages, and instances where individuals genuinely believed they were legally married. Despite the complexities, the fundamental requirement remains to establish a bona fide relationship and provide evidence of the abuse suffered.
For those who have experienced abuse in a marriage that is later deemed invalid due to unforeseen circumstances, VAWA provides an exception, acknowledging the unique challenges victims may face. Moreover, the article emphasizes the importance of proving the validity of a relationship through documentation such as marriage licenses, joint agreements, and other tangible evidence.
Notably, the article explores situations where individuals may be living together without a legal marriage but still qualify for VAWA, particularly in common-law marriage states. The nuances of state-specific requirements are highlighted, providing insight into the varying legal landscapes across the United States.
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