Legal Implications of Remarriage During the Pendency of a VAWA Petition

The Violence Against Women Act (VAWA) of 1994 provides a pathway to lawful immigration status for spouses, children, and parents who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident (LPR). An eligible abused spouse may file Form I-360 (VAWA self-petition) independently of the abusive spouse. To qualify, the applicant must demonstrate a bona fide marital relationship with the abuser, show that the marriage was entered into in good faith, prove that they were subjected to battery or extreme cruelty during the marriage, and maintain good moral character. Generally, a self-petitioner may still be married to the abuser or divorced at the time of filing (as long as the petition is filed within two years of the divorce and the divorce is connected to the abuse). However, remarriage introduces a significant legal complication that can render a petitioner ineligible. The following is a legal analysis of two specific questions on this topic.

Question 1: Does Remarriage Before I-360 Approval Terminate VAWA Eligibility? Is There Legal Authority for This?

Conclusion: Yes. If a VAWA self-petitioner remarries before their I-360 petition is approved—regardless of whether the new spouse is a U.S. citizen or LPR—U.S. immigration regulations and USCIS policy dictate that the petition becomes ineligible and must be denied. This consequence is grounded in explicit legal authority found in federal regulations and the USCIS Policy Manual.

Legal Basis:

• 8 CFR 204.2(c)(1)(ii) clearly states:

  “If the self-petitioner remarries after filing the self-petition but before it is approved, the remarriage will be the basis for the denial of the pending self-petition.”

  In other words, remarriage before the approval of the I-360 mandates denial of the petition.

• The USCIS Policy Manual (Vol. 3, Part D, Ch. 3) reiterates this requirement:

  “If the self-petitioning abused spouse remarries before the petition is approved, the officer must deny the self-petition.”

  Even if the USCIS discovers the remarriage only after approval, it will revoke the petition. Therefore, remarriage functions as an automatic trigger for petition denial or revocation under binding regulation—not as a discretionary decision by an officer.

• The statutory foundation reflects Congress's intent to restrict and protect VAWA benefits.

  • INA §204(h) explicitly provides that remarriage after petition approval does not void the petition.

  • By implication, remarriage before approval renders the petitioner ineligible.

Earlier regulations required petitioners to be married to the abuser at the time of filing. However, the 2000 Victims of Trafficking and Violence Protection Act expanded eligibility to those who had divorced (within two years and based on abuse). Still, this expansion did not alter the prohibition against remarriage before approval, as 8 CFR 204.2(c)(1)(ii) still contains the remarriage bar.

Practical Implications:

USCIS can learn of a petitioner’s remarriage through several means—such as information disclosed on Form I-485, publicly available marriage records, or other filings. Once remarriage is confirmed prior to I-360 approval, the petition will be denied based on clear regulatory authority. This is not a subjective decision; it is a mandatory denial based on law. In short, VAWA petitioners must ensure they do not remarry until after their I-360 is approved to preserve eligibility.

USCIS official guidance emphasizes this point:

“A self-petitioning spouse who remarries after the I-360 petition is approved does not lose eligibility to adjust status or for a visa, and the petition cannot be revoked on that basis.”

Thus, timing of remarriage is critically important for VAWA petitioners.

Question 2: What Are the Immigration Consequences and Adjustment Options After Remarriage if I-360 Is Still Pending?

Conclusion: If the petitioner remarries before the I-360 is approved, the petition becomes ineligible and will be denied. Consequently, the petitioner cannot file Form I-485 (Adjustment of Status) based on a VAWA self-petition. The petitioner must instead restart the immigration process under the new marriage, such as having the new spouse file Form I-130 on their behalf and proceeding with a new I-485 application based on the new family-based relationship.

Adjustment of Status Pathways:

• Approval of I-360 is a prerequisite for adjustment of status under VAWA.

• If the I-360 is denied due to remarriage, any concurrently or subsequently filed I-485 application will also be denied or terminated.

• The petitioner can no longer pursue a green card through VAWA and must begin anew through the new marriage.

USCIS Treatment of Remarriage:

USCIS treats remarriage prior to I-360 approval as a disqualifying fact, not a presumption of fraud. It does not, by itself, imply intent to deceive. However, rapid remarriage may prompt USCIS to scrutinize the authenticity of the previous marriage and whether it was a bona fide relationship.

Under INA §204(c):

If there is substantial and probative evidence that a prior marriage was entered into to evade immigration laws, any future marriage-based petition—including VAWA—will be denied.

Thus, if the first marriage (to the abuser) is proven fraudulent, not only would the VAWA petition be denied, but no future marriage-based petition would be approved.

But mere remarriage, without evidence of fraud, is not sufficient to invoke INA §204(c). Remarriage results in ineligibility, not a fraud finding, unless evidence proves otherwise.

Required Transparency:

Petitioners must promptly inform USCIS of their remarriage and withdraw their pending VAWA application. Concealment of remarriage could result in immigration fraud charges and potential permanent bars to immigration benefits.

Applicable Laws and Policy Provisions

• 8 CFR 204.2(c)(1)(ii)

  • Bars approval of a VAWA petition if the self-petitioner remarries before the petition is approved.

  • Divorce post-filing is acceptable if filed within 2 years and related to abuse.

• INA §204(h)

  • Remarriage after approval of the I-360 is not a basis for revocation or denial of adjustment.

• INA §204(c)

  • Any marriage found to be fraudulent (entered into to circumvent immigration laws) disqualifies the petitioner from receiving any future marriage-based immigration benefits, including VAWA.

• USCIS Policy Manual Vol. 3, Part D, Chapter 3 (“Effect of Certain Life Events”)

  • Section B:

    “If the self-petitioning spouse remarries before approval, the officer must deny the petition.”

  • Also details procedures for revocation if a prior remarriage is discovered post-approval, and discusses the effects of divorce, widowhood, etc.

Summary

If a VAWA self-petitioner remarries before the Form I-360 is approved, the petition becomes automatically ineligible and must be denied by USCIS. This is not a matter of discretion—it is mandated by regulation. The petitioner will also become ineligible for adjustment of status under VAWA and must instead pursue immigration through a new family-based process. While remarriage does not automatically indicate fraud, it can trigger further scrutiny of the prior marriage’s authenticity. Accurate and timely disclosure of marital status is essential; failure to do so can result in serious immigration consequences. Understanding and respecting the timing rules surrounding remarriage is vital for preserving immigration rights under VAWA.

(Disclaimer: The above is for informational purposes only and should not be construed as legal advice on any subject. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)