Proving the Validity of Marriages for VAWA Self-Petitioning Spouses

The Violence Against Women Act (VAWA) offers critical protections to non-citizen victims of battery or extreme cruelty. Among the qualifying relationships for VAWA benefits is the spousal relationship between the self-petitioner and an abusive U.S. citizen or lawful permanent resident. Establishing the validity of this marriage is a fundamental requirement for a successful VAWA self-petition.

This guide explains the evidence required to prove a marital relationship under VAWA, addresses potential issues with prior marriages, and provides practical tips for ensuring compliance with immigration regulations.

To successfully petition under VAWA as a spouse, you must establish:

1. Legal Validity of the Marriage:
   • The marriage must have been legally valid at the time the self-petition was filed.
   • The marriage’s legality is determined based on the laws of the location where it was celebrated.
   • Marriages valid in a foreign country but contrary to U.S. public policy (e.g., polygamous marriages) will not be recognized for immigration purposes.
2. Termination of Previous Marriages:
   • If either party had a prior marriage, you must show that the previous marriage was legally terminated before entering the current marital relationship.

The following types of evidence can help establish a valid marital relationship:

• Marriage Certificate: Issued by a civil authority.
• Common-Law Marriage Proof: If applicable, evidence of recognition of common-law marriage in the relevant jurisdiction.
• Affidavits: Statements from family or friends affirming the marital relationship.
• Wedding Photos or Announcements: Documentation of the marriage ceremony.
• Joint Documentation: Evidence demonstrating that the couple lived together and shared financial responsibilities, such as:
  • Utility bills.
  • Lease agreements or mortgage documents.
  • Joint bank statements or credit accounts.

If the self-petitioner or abusive spouse was previously married, proof of the termination of the prior marriage is essential. Acceptable evidence includes:

• Divorce Decree: Finalized by a civil authority.
• Annulment Decree: Recognized by the appropriate jurisdiction.
• Death Certificate: If a prior spouse is deceased.
• Other Credible Evidence: Documentation showing the legal dissolution of the prior marriage.

The determination of a marriage’s validity or the termination of a previous marriage can be legally complex. For instance:

• Laws governing marriage and divorce vary widely between jurisdictions.
• Issues such as incomplete documentation or conflicting evidence can complicate a petition.

Consulting with an experienced immigration attorney is critical to navigating these complexities. An attorney can help you determine the legality of your marriage and the most compelling evidence to support your case.

Proving the validity of your marriage is a cornerstone of a successful VAWA petition. By providing the necessary documentation and addressing any complications with prior marriages, you can build a strong case.

Contact us to schedule a consultation or explore our free resources, including immigration guides and webinars, to support your journey.