Divorce, remarriage and your VAWA case
A divorce after you file does not affect your self-petition. A divorce before you file still leaves you up to 2 years to file, if the end of the marriage is connected to the abuse. A new marriage before approval is a basis for denial, so the timing of any remarriage matters.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Many survivors were told that leaving the marriage meant losing any chance at status. The law does not work that way. This page sets out what a divorce, a new marriage, or a change in the abuser's life does to a VAWA case, before and after filing. It does not tell you whether to divorce or stay; that is your decision, and a safety plan is made with an advocate. It is part of the guide to your green card after VAWA.
The rules at a glance
| What happens | Effect | Authority |
|---|---|---|
| Divorce after you file | Does not affect the petition | 8 C.F.R. 204.2(c)(1)(ii) |
| Divorce before you file | You may file within 2 years after the marriage ended, if the end of the marriage is connected to the battery or extreme cruelty | INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc); 204(a)(1)(B)(ii)(II)(aa)(CC)(bbb) |
| Remarriage before approval | A basis for denial | 8 C.F.R. 204.2(c)(1)(ii) |
| Remarriage after approval | Not a basis for revocation | INA 204(h) |
| Citizen abuser died within 2 years before you file | You may still self-petition | INA 204(a)(1)(A)(iii)(II)(aa)(CC)(aaa) |
| Abuser lost or renounced status within 2 years before you file, related to domestic violence | You may still self-petition | INA 204(a)(1)(A)(iii)(II)(aa)(CC)(bbb); 204(a)(1)(B)(ii)(II)(aa)(CC)(aaa) |
| Resident abuser naturalizes after you file | Petition converts to immediate relative | INA 204(a)(1)(B)(v) |
Divorce before you file: the two-year window
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. The deadline is counted from the end of the marriage, so the date on the divorce judgment matters. If you are divorced, or a divorce is under way, do not wait to talk to us. See the former spouse two-year rule.
Divorce after you file
Once the self-petition is filed, a divorce does not affect it (8 C.F.R. 204.2(c)(1)(ii)). The petition was about the marriage and the abuse as they were; ending the marriage later does not undo either. Your green card application, work permit and deferred action go forward on the same petition.
Remarriage
The timing is what matters. Before approval, remarriage is a basis for denial (8 C.F.R. 204.2(c)(1)(ii)). After approval, remarriage is not a basis for revocation (INA 204(h)). If you have a new partner and are thinking about marriage, tell us before you set a date. We will not tell you whether to marry; we will tell you what the date does to your case.
If the marriage was never valid because of the abuser's bigamy
A person who believed in good faith that they married the abuser, where the marriage was not legitimate solely because of the abuser's bigamy, may self-petition as an intended spouse (INA 204(a)(1)(A)(iii)(II)(aa)(BB); INA 101(a)(50)). See intended spouse and bigamy.
The family court and the immigration case
Divorce, custody and support are decided in state family court. The immigration confidentiality statute, 8 U.S.C. 1367, bars federal immigration agencies from disclosing information about your case, with limited exceptions (1367(a)(2), (b)). In our reading of the statute's scope, it does not bind a state family court, and it does not stop the abuser from calling ICE. So what you say and file in family court should be planned with the immigration case in mind. Read divorce, custody and VAWA and confidentiality.
Your children
Your children can be included on your petition as derivatives, whether or not they were abused (INA 204(a)(1)(A)(iii), (B)(ii); 8 C.F.R. 204.2(c)(4)). A divorce after filing does not take them off. See children on your petition.
Cross-complaints and arrests
Abusers sometimes answer a divorce with a complaint to the police or a protective-order petition against the survivor. If you were arrested or charged, talk to your criminal lawyer before you write anything down, and read arrested or charged. For protective orders, read protective orders.
Read next: the two-year rule, when the abuser died or lost status, divorce, custody and VAWA, or your green card after VAWA.
Common questions
If I divorce the abuser, do I lose my VAWA case?
Not if you have already filed. Under 8 C.F.R. 204.2(c)(1)(ii), a divorce after filing does not affect the petition. If you are divorced before filing, a former spouse may still file within 2 years after the marriage ended, if there is a connection between the end of the marriage and the battery or extreme cruelty.
Can I remarry while my VAWA 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). If you are thinking of remarrying, talk to us about the timing first.
Will the abuser learn about my VAWA case in the divorce?
Federal immigration agencies may not disclose information about your case to anyone, with limited exceptions, under 8 U.S.C. 1367. In our reading, that statute does not bind a state family court. What you say or file in family court is a separate question, and the immigration and family cases should be planned together.
My abuser died. Can I still file?
The spouse of a U.S. citizen who died within the 2 years before filing may still self-petition, under INA 204(a)(1)(A)(iii)(II)(aa)(CC)(aaa). Our page on when the abuser died or lost status explains the details.
The lawyers who will handle your case
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