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VAWA Protection for Intended Spouses

A hand protecting a group of card board cut out individuals

We have previously discussed protection under the Violence Against Women Act, “VAWA here. VAWA is a protection offered by the United States Citizenship and Immigration Service to certain noncitizen victims of battery or extreme cruelty.

Spouses of a U.S. Citizen or a legal permanent resident, “LPR” qualify for VAWA protection. However, there are some noncitizens who have been married to a U.S. citizen or LPR that as part of the abuse they suffered, suffered living in a relationship under the false belief created by the abusive U.S. citizen or LPR that they were living as a married couple when they actually were never considered married by law

These marriages technically would not qualify under VAWA protection since the marriage was never valid. However, USCIS does provide an exception for this rule.

VAWA will protect “intended spouses” who believed that they entered into a valid marriage, but when the marriage was invalid solely due to the abuse U.S. citizen or LPR’s practice of bigamy or polygamy.

To be eligible intended spouses must demonstrate that they believed that they entered into a legally valid marriage. Evidence to demonstrate this belief must demonstrate:

  • That the noncitizen believed a legal marriage was created with the U.S. citizen or LPR spouse who was not already married and therefore free to enter into a valid marriage.
  • That a marriage ceremony was actually performed.
  • That the requirements for the establishment of a bona fide marriage were otherwise met.
  • That the apparent marriage between the noncitizen and the U.S. citizen or LPR spouse is not legitimate solely because of the U.S. citizen’s or LPR’s other preexisting marriage, but also because of the existence of a bigamous marriage or polygamous marriages.

The key is to provide evidence of circumstances that would lead any person to reasonably believe that a marital relationship was legally established. A marriage ceremony where vows were exchanged and a marriage certificate was obtained and where the couple lived at a common address  could potentially demonstrate that the marital relationship was real.

Finally, intended spouses from common law marriages can also qualify as long as they can demonstrate the same requirements including the performance of a marriage ceremony.

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