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Proving a Good Faith Marriage for VAWA Immigration Relief: Expert Tips from Shepelsky Law Group
April 20, 2023
Documents To Win An I-360 VAWA Case

To win an I-360 VAWA Self-Petition, you will need to show:

IDENTITY DOCUMENTS

Proof of US Citizen Spouse’s citizenship or green card.

Birth certificates for both spouses.

Marriage certificate for the couple.

Passports for both spouses.

Divorces.

Children’s birth certificates.

GOOD MORAL CHARACTER

A police clearance and any letters showing you are a person of good moral character like your prior tax returns filed, volunteering, attending church, synagogue, mosque or any community participation.

PROOF THAT YOU LIVED WITH THE ABUSER

The VAWA requires proof that you lived with the abuser. The following documents prove that you lived with the spouse who mistreated you:

Leases that include both of your names.

Shared utility bills.

Notes or letters from your landlord or neighbors.

Work or school records and other documents that include both of your names can be used as evidence.

Also consider submitting joint tax returns or pay stubs to prove your address and relationship.

Both spouses’ IDs that show the same address.

Insurance policies with both names.

Trips in both names.

Letters, Amazon labels showing deliveries to both spouses at the same residence address.

You are free to submit any documentation that includes both your name and the abuser’s name as well as your address. If you simply can’t find these documents, then submitting declarations from friends, family members and others that know both of you may prove helpful.

PROOF THAT YOU SUFFERED ABUSE

The more evidence you submit to show that you suffered abuse, the better.

Police reports.

Psychologist letter that you have been complaining about the abuse. A record that you have seen a psychologist can go a long way to prove the abuse.

Restraining orders and hospital records can all provide good sources of evidence to document the abuse.

Court records may also be used if the abuser was sentenced or had to go to court for abusing you.

Any visits to a homeless/domestic shelter can help you prove abuse in your relationship.

DIFFERENT TYPES OF ABUSE

Physical abuse is not required to qualify under the VAWA. However, many people do not consider some of the physical things their spouse does to them “abuse”, but it IS abuse! These include slapping, pinching, shoving you, intimidating you, getting in your face and screaming at you with their spit hitting your face, giving you a sexually transmitted disease, forcing you to have sexual relations in a way that’s not comfortable nor acceptable to you and oversteps your boundaries, forcing you to use sex toys when you do not like those, forcing you to have anal sex against your will, forcing you to have ANY sex against your will, and many other ways of invading your physical space.

☝Emotional and psychological abuse can be severe enough to warrant classification in some cases. Especially if you have visited a psychologist or been given medication to help you deal with your abuse.

Whenever you can’t provide evidence, look to your friends and family members for declarations (Witness Letters). A witness letter from anyone you have spoken to about the abuse or that has witnessed the abuse is appropriate.

🤝An experienced lawyer can get you a Self-sponsored Green Card through VAWA. We have been working in this field since 2003 and have a strong track record of success. Please give us a call today to start your VAWA Green Card journey.


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