Leaving a marriage is challenging enough. Leaving because of physical, emotional, or otherwise can leave you feeling isolated and anxious about your future. If you find yourself asking, “Can I file VAWA after divorce?”, you’re not alone. The Violence Against Women Act (VAWA) offers a legal safety net for those who were abused by a U.S. citizen or lawful permanent resident spouse, even after the union ends. Filing a self-petition (Form I-360) can help you pursue lawful status without involvement from your abuser.
Abuse is tragically widespread. In the U.S., about 1 in 3 women (35.6 %) and 1 in 4 men (28.5 %) have experienced physical violence, stalking, or rape by an intimate partner in their lifetime. This shows why protections like VAWA are so critical.
In this article, we’ll explain how VAWA after divorce may still be possible, explore VAWA eligibility after divorce, define the VAWA 2-year deadline, and guide you on building a strong petition with evidence like a divorce decree, proof of abuse, and affidavits. You’ll also learn why legal guidance is essential in navigating this complex process. Our goal: to help you understand your rights and make empowered decisions, not overwhelm you with legal jargon.
Understand the VAWA Self-Petitions
The Violence Against Women Act (VAWA) was created to protect immigrants who have endured abuse from a U.S. citizen (USC) or Lawful Permanent Resident (LPR) spouse. It recognizes that victims often fear leaving an abusive marriage because their immigration status is tied to their partner. Through VAWA, survivors can pursue safety and stability without relying on the very person who harmed them.
Every year, thousands use this protection. In FY 2022, USCIS approved 7,699 VAWA self-petitions, showing how many survivors successfully secure legal status without their abuser’s help.
At the heart of this relief is the VAWA self-petition. Instead of your spouse sponsoring you, you can submit your own application, known as a self-petition on Form I-360, directly to U.S. Citizenship and Immigration Services (USCIS). This process is designed to keep you safe: USCIS never notifies your abuser about your filing, so you can move forward confidentially.
To qualify, you must meet several VAWA eligibility requirements after divorce and marriage:
- Bona fide marriage: You entered the marriage in good faith, not solely for immigration benefits.
- Battery or extreme cruelty: Physical violence, severe threats, isolation, or other abusive control.
- Shared residence: Proof that you lived with your spouse at some point.
- Good moral character: Generally, no serious recent criminal history.
If you’re wondering, “Can I apply for VAWA if I am divorced?”, knowing these standards is the first step. The law exists so that battered immigrant spouses can seek lawful status even when leaving an abusive partner, opening a path toward healing and independence.
Filing VAWA After Divorce: The Two-Year Rule
Many survivors ask, “Can I file VAWA after divorce?” The answer is yes, but only if you act within two years of the legal end of your marriage. USCIS allows a VAWA self-petition after divorce when the separation is connected to battery or extreme cruelty by a U.S. citizen (USC) or Lawful Permanent Resident (LPR) spouse. If you miss this window, there are no extensions or exceptions. USCIS is clear that petitions filed more than two years after a divorce will be denied.
Importantly, the divorce decree does not have to list abuse as the official reason for ending the marriage. What matters is proving that abuse led to the breakup. For example:
- You filed for divorce because you needed safety after years of threats or violence.
- Your spouse threatened divorce or made life unbearable until you left.
When filing Form I-360 after a divorce, include:
- Your divorce decree shows the date the marriage legally ended.
- A personal declaration explaining how the abuse caused or contributed to the separation.
- Affidavits from friends, family, or professionals who knew the circumstances.
One practical warning: remarrying before USCIS approves your VAWA petition will cause a denial. If you marry again after approval, it will not invalidate the self-petition.
Timing truly matters in FY 2022; USCIS denied 2,400 VAWA spouse petitions, many for eligibility or timing issues. Acting before the VAWA 2-year deadline can be the difference between safety and losing this important relief.
Eligibility Requirements in Detail
To build a strong VAWA self-petition after divorce, you’ll need to show that your marriage was real, that abuse occurred, that you lived with your spouse at some point, and that you meet good moral character standards. These aren’t just boxes to tick—they’re the evidentiary requirements that help USCIS see the truth of your experience. For context, USCIS received 21,820 VAWA spouse self-petitions in FY 2022, reflecting both the volume of cases and the need for clear, organized evidence.
Bona Fide Marriage
You must prove the relationship was genuine, not entered into for immigration status. Useful evidence includes:
- Joint bank/credit accounts or insurance policies
- Photos from family events and milestones
- Children’s birth certificates listing both parents
- Joint leases, mortgages, or tax returns
These documents help show intent to share a life, which is central to VAWA eligibility after divorce for a battered immigrant spouse.
Proof of Abuse
VAWA covers battery or extreme cruelty, which can be physical violence or severe non-physical abuse threats, coercive control, isolation, or financial abuse. USCIS follows an “any credible evidence” standard, so you can submit:
- Your personal statement detailing what happened
- Police or medical reports; counseling/therapy notes
- Photos, texts, emails, or other records
- Affidavits from friends, neighbors, clergy, or professionals who witnessed the abuse or its effects
Shared Residence
Show that you lived with your U.S. Citizen (USC) or Lawful Permanent Resident (LPR) spouse at some point (in the U.S. or abroad). Examples:
- Lease/mortgage in both names, utility bills, or joint mail
- School or medical records listing the same household
- Sworn statements from landlords or roommates
This helps connect your qualifying relationship to a real, shared home life.
Good Moral Character
USCIS reviews the background to confirm good moral character, generally, with no serious recent criminal history. If there are old or minor issues, include court dispositions, police clearances, or explanations that show rehabilitation and context.
Meeting these four elements, bona fide marriage, proof of abuse, shared residence, and good moral character, creates a solid foundation for your I-360 after divorce. Clear documentation strengthens your case and supports your goal of stability and safety under the Violence Against Women Act (VAWA).
Filing Process and Required Documentation
Once you’ve confirmed you meet the VAWA eligibility after divorce requirements, the next step is preparing your self-petition. This is done through Form I-360, officially titled Petition for Amerasian, Widow(er), or Special Immigrant. For survivors filing under the Violence Against Women Act (VAWA), there is no filing fee an important relief for many who have faced financial control or abuse.
Your petition package should include:
- Proof of your spouse’s status as a U.S. Citizen (USC) or Lawful Permanent Resident (LPR) copy of passport, naturalization certificate, or green card.
- Your marriage certificate and divorce decree for VAWA petition purposes, showing when the marriage legally ended.
- A personal declaration, your own written, detailed account of the relationship, the abuse you experienced, and how it led to divorce.
- Supporting evidentiary requirements: police or medical reports, counseling records, photographs of injuries or damaged property, and affidavits from friends, family, neighbors, or professionals who witnessed the abuse.
For many, this filing is also the first step toward a green card. If your abusive spouse is a U.S. citizen, you can file Form I-485 (Adjustment of Status) at the same time as your I-360. If your spouse was an LPR, you usually need to wait until your I-360 is approved and a visa number becomes available before submitting the I-485.
While your case is pending, you may request work authorization (Form I-765) and advance parole (travel permit), giving you the ability to work and, in certain situations, travel outside the U.S. safely.
In FY 2022, USCIS approved over 7,699 VAWA self-petitions for spouses, reflecting how many survivors successfully navigate this process each year. Acting with a clear, complete packet of evidence can make approval smoother and less stressful.
Challenges to Watch Out For
Even when you clearly qualify, filing a VAWA self-petition after divorce can feel overwhelming. Understanding the most common pitfalls helps you prepare and avoid delays or denials and reminds you that success is possible with the right support.
The Strict Two-Year Deadline
The most frequent issue survivors face is missing the VAWA 2-year deadline. USCIS does not grant extensions: petitions filed more than two years after divorce are automatically denied. Acting quickly protects your right to relief.
Insufficient Evidence of Abuse or Divorce Connection
Your divorce decree for VAWA petition purposes doesn’t have to list abuse as the cause, but you must connect the separation to battery or extreme cruelty. Missing affidavits, police or medical records, or a detailed personal declaration can leave USCIS unsure about your case.
Cultural or Personal Barriers to Disclosing Abuse
Many survivors hesitate to document abuse due to stigma, fear, or cultural pressure. Yet USCIS accepts “any credible evidence,” including counseling notes, text messages, or letters from trusted friends.
Risks of Self-Filing Without Legal Help
Self-petitioning alone can lead to mistakes, inconsistent timelines, untranslated documents, or overlooked evidence. While the process is survivor-focused, VAWA approval rates show about 70% of self-petitions by abused spouses succeed, meaning nearly one-third are denied due to eligibility or documentation issues.
Why You Need an Immigration Attorney for VAWA Divorce Cases
While U.S. Citizenship and Immigration Services (USCIS) allows survivors to file a VAWA self-petition after divorce without a lawyer, the process is complex and highly evidence-driven. Submitting Form I-360 after divorce means gathering proof of a bona fide marriage, battery or extreme cruelty, shared residence, and good moral character, each with its own documentation standards. Missing details, filing past the VAWA 2-year deadline, or presenting inconsistent evidence can lead to delays or denial.
An experienced immigration attorney helps you:
- Organize evidence clearly: from your divorce decree and affidavits to medical or counseling records.
- Spot weak points early, such as insufficient proof linking the divorce to abuse.
- Translate and certify documents properly for USCIS review.
- Avoid timing mistakes, including the risk of remarrying before your I-360 is approved.
Legal guidance is especially valuable because many self-filed petitions struggle. According to USCIS data, the median processing time for a VAWA spouse petition is about 28 months, and complex or incomplete cases can take even longer. When every month matters, avoiding avoidable delays is critical.
For survivors, working with a trusted firm means more than paperwork. It provides privacy, strategy, and emotional reassurance during an already difficult journey. At The Chidolue Law Firm, our team understands how divorce and abuse intersect with immigration status. We help you present a well-documented case, stay on top of deadlines, and move toward safety and stability with confidence.
Take the Next Step Toward Safety and Legal Security
Life after an abusive marriage can feel uncertain, but your future in the U.S. does not have to be. If you’re wondering whether you can file VAWA after divorce, remember: acting within the law’s deadlines and presenting strong proof can open a path to stability and permanent status.
At The Chidolue Law Firm, we help survivors build complete VAWA self-petitions after divorce, from collecting the right divorce decree and evidence to preparing you for USCIS requirements. Our attorneys track every policy change and know how to keep your case on solid ground. Whether you’re concerned about interviews, travel on advance parole, or staying safe at borders, we guide you through each step with clarity and care.
📞 Call The Chidolue Law Firm today at:
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Your safety and immigration status matter. Reach out today so we can help you move forward with confidence and peace of mind.
