Can I remarry if VAWA is denied?
Asked by: Natalia Upton | Last update: March 28, 2026Score: 4.1/5 (49 votes)
Yes, you can remarry after your VAWA petition is denied and pursue a green card through your new marriage, but your denied VAWA case is closed, and you must ensure the new marriage is genuine; remarrying while a VAWA case is pending typically leads to its denial, as your eligibility for VAWA ends with a new marriage, so it's crucial to either wait for VAWA approval or formally withdraw and switch paths, ideally with an immigration lawyer's help.
Can I remarry after VAWA denied?
Can you get remarried if your VAWA case is pending? 🤔 The answer is. NO! ❌ If you get remarried before your case is approved, you would have been deemed to have abandoned your VAWA petition! 😭 For more information on this, contact us here at Odunlami Law, we're happy to help. ⚡ ☎️973-993-1900 📩support@odunlamilaw.
What happens if your VAWA case is denied?
If you have not been deported before, USCIS might issue you an NTA and send you to immigration court if it denies your VAWA application. USCIS might give you the NTA at the same time as the I-360 VAWA denial, or perhaps later.
What is the 2 year rule for VAWA?
The VAWA 2-year rule for self-petitioning allows abused spouses, parents, and children of U.S. citizens or Lawful Permanent Residents (LPRs) to apply for immigration relief even after the relationship ends, provided they file within two years of the divorce, the U.S. citizen/LPR abuser's death, or the abuser's loss of status due to domestic violence, showing the termination was connected to the abuse. This deadline is strict and cannot be extended, requiring proof that the marriage was genuine and the abuse occurred.
Can I divorce while VAWA is pending?
What happens if I get divorced during the VAWA process? Divorce does not necessarily disqualify you from VAWA eligibility, especially if filed within two years of the divorce, based on a connection to the abuse.
What to Do If Your USCIS Case Is Rejected: Forms, Fixes, and Next Steps
Can I get deported if my VAWA case is pending?
Protection from Deportation While Pending
While your VAWA petition is pending, USCIS generally does not deport you. Many applicants also apply for work authorization, which gives temporary protection.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
Will my spouse get in trouble for VAWA?
It will not affect the abuser because VAWA is under humanitarian case law and was created to help the victim. Immigration law is not responsible for filing charges against the abuser. VAWA is an entirely confidential and protected immigration case.
Does USCIS check divorce records?
In short: Yes, USCIS does check divorces, especially to verify the legitimacy of marriages for conditional green cards, waivers, and naturalization. Filing accurate documents and evidence is essential to maintain your status.
How long is VAWA taking in 2025?
According to USCIS reports from January 2025, 80% of VAWA petitions are processed in approximately 41.5 months. However, the timeline for receiving a green card after approval varies depending on how your case was filed, processing backlogs, and the workload of your local field office.
What makes a strong VAWA case?
Your highly-detailed written testimony or declaration is the first evidence that is recommended to submit in a VAWA case. When you are preparing a VAWA case, it's important to include details on declarations, to mention the difficulties, to explain the problems and how they affect you emotionally.
Can I be deported if my case was denied?
If you are still denied asylum by federal court, or if you do not file an appeal when the immigration judge denies your case, you could be deported if the immigration authorities decide to enforce your removal order.
How is VAWA investigated?
While personal affidavits are powerful, they are most effective when supported by other forms of evidence, such as medical records and police reports. USCIS investigates VAWA cases by reviewing these affidavits alongside all submitted documentation to assess the credibility and consistency of the claims.
What is the 5 year remarry rule?
Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.
How quickly after a divorce can you remarry?
Once you have received your Decree Absolute confirming your divorce, you can remarry immediately.
Can USCIS track your phone?
Yes, USCIS can screen your social media and online activity.
However, the reason for reviewing an applicant's digital footprint when considering immigration requests varies from petitioner to petitioner.
How does USCIS investigate marriages?
Usually, the USCIS officers may visit the suspect couple at their residence, or visit their neighbors to investigate whether they reside together, share a household, or own property jointly, etc. The USCIS officers may also arrange interviews with the couple at their residence or at USCIS offices.
Can I remarry while VAWA is pending?
The Core Question: Can You Remarry During a VAWA Case? No, not until your I-360 is approved. A new marriage while your petition is pending breaks the qualifying relationship that your case is built on. USCIS treats that change as disqualifying and issues a denial of the self-petition.
What is the 3 year rule for VAWA?
Eligible survivors of domestic violence who obtained their Green Card as the spouse or child of a lawful permanent resident who subjected them to battery or extreme cruelty may apply for naturalization after residing in the U.S. for 3 years as a lawful permanent resident (as a Green Card holder).
Does divorce affect VAWA?
You can file for the VAWA provision without going through a divorce. However, your VAWA application will not be affected if you choose to divorce. It is essential to provide substantial evidence of abuse, such as police reports, photographs, medical records, or witness statements.
What is the 10 10 10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
Who usually regrets divorce?
As the emotional dust settles, regret often takes hold, especially after that pivotal first year. Many people feel regret after divorce, with about 27% of women and 32% of men regretting the choice.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.