The two-year divorce window
A divorce does not close the VAWA door right away. A former spouse may self-petition within 2 years after the marriage ended, if there is a connection between the end of the marriage and the battery or extreme cruelty. After you file, a divorce does not affect the petition.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
This post is dated October 26, 2026. It is for anyone who is divorced from the abuser, in the middle of a divorce, or thinking about one. The rules below come from INA 204(a)(1) and 8 C.F.R. 204.2(c)(1)(ii). The deadline in them is real and does not move, so it is in bold: 2 years after the marriage ended.
This post does not tell you whether to divorce. That choice belongs to you and, for the family-court side, a family lawyer. It tells you what each choice does to the immigration case.
The rule for former spouses
A former spouse may still self-petition within 2 years after the marriage ended, if there is a connection between the end of the marriage and the battery or extreme cruelty.
- Former spouse of a U.S. citizen: INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc).
- Former spouse of a permanent resident: INA 204(a)(1)(B)(ii)(II)(aa)(CC)(bbb).
Two things have to be true. The filing must come within the 2 years, and the end of the marriage must be connected to the abuse. Your evidence should show both: the date the divorce became final, and why the marriage ended.
Two related two-year rules
- The abuser died. The spouse of a U.S. citizen who died within the 2 years before filing may self-petition, under INA 204(a)(1)(A)(iii)(II)(aa)(CC)(aaa).
- The abuser lost or renounced status. If the abuser lost or renounced citizenship or permanent residence within the 2 years before filing, related to an incident of domestic violence, you may still file, under INA 204(a)(1)(A)(iii)(II)(aa)(CC)(bbb) and 204(a)(1)(B)(ii)(II)(aa)(CC)(aaa).
Counting the 2 years
The statute counts from when the marriage ended. Find the date your divorce became final on the judgment itself, not the date you separated or the date someone filed for divorce. If you cannot get a copy of the judgment safely, tell your lawyer the court and the approximate date, and they can work on getting it. If the 2 years are close to running out, that is the reason to call this week, not next month.
Divorce after you file
Once the petition is filed, a divorce does not affect it, under INA 204(a)(1)(A)(vi) and (B)(v)(I). This is one reason timing matters. If a divorce is coming, a lawyer may look at whether the petition can be filed first.
Remarriage
| When you remarry | Effect | Source |
|---|---|---|
| Before the I-360 is approved | A basis for denial | 8 C.F.R. 204.2(c)(1)(ii) |
| After the I-360 is approved | Not a basis for revocation | INA 204(h) |
See divorce, remarriage and your case.
What we do not publish
We do not publish rules for filing after the 2 years have passed, or for a marriage that was annulled rather than ended by divorce. Those points are not on our verified ledger. If either is your situation, do not assume the door is closed or open. Bring your divorce or annulment papers to a consultation.
If you have conditional residence
A different door may apply. A conditional resident who was battered or subjected to extreme cruelty may ask to waive the joint I-751 filing under INA 216(c)(4)(C). Under the Policy Manual, Volume 6, Part I, chapter 5, and 8 C.F.R. 216.5, that request may be filed at any time after conditional residence is granted, while still married, separated or divorced, and before a final order of removal. See the battered spouse I-751 waiver.
The family-court side
Divorce, custody and support are decided in state court, and 8 U.S.C. 1367 does not bind a state family court, in our reading. Our parent firm handles family law. See divorce, custody and VAWA.
If you are in danger now, call 911. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788. For a private immigration consultation, call (718) 484-7510.
Read next: the former spouse two-year rule, divorce and remarriage, or who qualifies.
Common questions
My divorce was final 18 months ago. Can I still file?
Possibly. Under INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc) for the former spouse of a citizen, and 204(a)(1)(B)(ii)(II)(aa)(CC)(bbb) for the former spouse of a permanent resident, you may file within 2 years after the marriage ended if there is a connection between the end of the marriage and the abuse. Do not wait for the last month; call a lawyer now.
I filed and then got divorced. Is my petition dead?
No. Under INA 204(a)(1)(A)(vi) and (B)(v)(I), divorce after filing does not affect the petition.
Can I remarry while the petition is pending?
Remarriage before approval is a basis for denial under 8 C.F.R. 204.2(c)(1)(ii). Remarriage after approval is not a basis for revocation under INA 204(h). Talk to your lawyer before setting a date.
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