As a general rule, alien spouses involved in bigamous marriages with US citizens are ineligible to receive immigration benefits based on their bigamous marriage. This means if an alien marries a US citizen who is already married to someone else, the marriage is considered illegitimate and cannot support a visa petition or green card.
In VAWA (Violence Against Women Act) cases, the rules are different. If the VAWA self-petitioner believed he or she was married but was subject to bigamy, the alien may still be eligible for VAWA benefits including a green card.
A VAWA self-petitioner involved in a bigamous marriage must show that:
1) She believed the US citizen or permanent resident was free to enter into the marriage;
2) The marriage was bona fide other than the bigamy;
3) The marriage ceremony was actually performed.
It is often necessary to get creative in proving bona fide marriage in bigamy VAWA cases. Likewise, the self-petitioner must be meticulous in proving that s/he reasonably believed the citizen/resident spouse was free to marry – showing the spouse’s family members were supportive of the union and attended the wedding is helpful here.
As with any VAWA case, there are several other requirements the self-petitioner must meet including good moral character and satisfying certain time restrictions on filing if the marriage has terminated due to death or divorce.
If you are considering a domestic violence-based immigration case, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez has personally handled many VAWA cases and can help you better understand the process and viability of your case.
In VAWA (Violence Against Women Act) cases, the rules are different. If the VAWA self-petitioner believed he or she was married but was subject to bigamy, the alien may still be eligible for VAWA benefits including a green card.
A VAWA self-petitioner involved in a bigamous marriage must show that:
1) She believed the US citizen or permanent resident was free to enter into the marriage;
2) The marriage was bona fide other than the bigamy;
3) The marriage ceremony was actually performed.
It is often necessary to get creative in proving bona fide marriage in bigamy VAWA cases. Likewise, the self-petitioner must be meticulous in proving that s/he reasonably believed the citizen/resident spouse was free to marry – showing the spouse’s family members were supportive of the union and attended the wedding is helpful here.
As with any VAWA case, there are several other requirements the self-petitioner must meet including good moral character and satisfying certain time restrictions on filing if the marriage has terminated due to death or divorce.
If you are considering a domestic violence-based immigration case, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez has personally handled many VAWA cases and can help you better understand the process and viability of your case.
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