can I apply for vawa when I been separated for almost two years? 1 Answers as of June 14, 2011

I was married for two years and I have a son from that relation I was victim of domestic violence but I never reported it to the police but I look for help with an organization for abused women this was in the US. We are separated for almost two years now and I moved to CA with my family I never apply to get my residence I want to know if can do it now even though we are separated he was citizen.

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Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Yes, you can apply for VAWA. As long as you are either legally married or divorced for no more than 2 years, you can file. You have to prove (1) you were living together (something like joint bank account, a letter from a relative mailed to you and him, etc...), (2) got married in good faith (you have a child so the USCIS will not dough you - just include the birth certificate of the child), (3) Had a valid marriage (provide any divorce if applicable + copy of your marriage certificate), (4) he was an American citizen (Provide a copy of his documents such as his US passport, birth certificate showing birth in the US, naturalization certificate if applicable. If you do not have a copy of any of those documents, tell all details about him such as his date of birth, place of birth, name of his parents, his Social security number, etc...), (5) good moral character for 3 years (declaration, rap sheet, clearance letter), (6) abuse. Best to hire someone who is experienced ...The abuse part is quite difficult to prove for someone who may not have experience with VAWA petition.
Answer Applies to: California
Replied: 6/14/2011
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