Many individuals who file under the Violence Against Women Act (VAWA) ask whether they can remarry after their VAWA petition is approved. Understanding how remarriage may affect a VAWA case is important for those planning their future after receiving approval.

If your VAWA petition has already been approved, remarrying will generally not invalidate the approved petition. Once U.S. Citizenship and Immigration Services (USCIS) approves a VAWA self-petition, the approval remains valid even if the applicant later decides to remarry. This means that the approval itself is not automatically cancelled simply because the applicant enters into a new marriage after the decision.

However, the situation is very different while the VAWA petition is still pending. If a VAWA self-petitioner remarries before USCIS approves the petition, the case will typically be denied. Immigration law requires that a VAWA applicant remain unmarried while the petition is under review because the case is based on the prior qualifying relationship with the abusive U.S. citizen or lawful permanent resident spouse.

For this reason, individuals with a pending VAWA petition should speak with an experienced immigration attorney before making major life decisions such as remarriage. Proper guidance can help avoid mistakes that could negatively affect an immigration case.

If you have questions about your VAWA petition or would like to start the process, the team at Agarwal Law Group has extensive experience handling VAWA cases and assisting individuals seeking immigration relief. To learn more about your options, please contact our office at 703-348-1663.

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